Jump to content


help required regarding TFL prosecution - **SETTLED BEFORE COURT **


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2337 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I am a little confused by where this thread is going now.

 

If you have received a Summons to attend Court tomorrow you should have received with it a copy of the inspectors' statement which forms a major part of the evidence on which TfL intend to rely, an MG100 (Means Form) to declare your financial status and a number of other documents, which explain the legal process and will include a Plea Form, for you to enter your plea to the charge.

 

If you did not receive these, what did you receive to tell you that you have a Court hearing tomorrow?

 

TfL are not normally going to produce an Oyster record unless there is a history of offending that shows up on it.

 

If the defendant wants to introduce evidence of past history it would be up to the defendant to request that in advance of any trial.

 

I did have a page called witness statement came together with the summon letter. I dont know how to attach here so I just wrote down roughly what it has on #60

Link to post
Share on other sites
  • Replies 168
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Where the OP has let himself down is that he received a letter from TFL in July, he didn't get a response to the letter he sent. They did not respond to his chase emails, what did he think would happen knowing he breached the byelaws.

 

He has only acted now since receiving the recent summons, that is a worry.

 

We should get an update today.

 

sorry what does this mean?

Link to post
Share on other sites
What happened today?

 

It just means you should acted sooner.

 

I have thought Thursday was 29th but it was 30th tomorrow. So I will update what happens on court tomorrow.

 

I bought a monthly tkt on my oyster card later after the event, and I can find the past 1 year top up receipts. Would this help on my case if I have to stand on court? just say I was planning to top up later and monthly tkt would cover that day?

Link to post
Share on other sites
I have thought Thursday was 29th but it was 30th tomorrow. So I will update what happens on court tomorrow.

 

 

 

I bought a monthly tkt on my oyster card later after the event, and I can find the past 1 year top up receipts. Would this help on my case if I have to stand on court? just say I was planning to top up later and monthly tkt would cover that day?

Let's think about an adjournment first.

They must adjourn because you have an agreement in writing and they haven't given you all the evidence.

Then we'll think about a defence.

Try not to be fobbed off by the TfL prosecutor.

If the prosecutor doesn't want to adjourn, speak to the court clerk and explain the 2 points above.

I frankly can't see them go ahead without you having the evidence in your hand.

But, if for some crazy reason they decide to go ahead with the trial your best defence would be that the oyster card they will produce as evidence cannot be admitted because you were not passed a copy of it or informed of it.

So for all other pieces of evidence apart from the inspector statement.

In this case it will be his word against yours.

Also, if the inspector asks to refer to his handwritten notes taken on the day he stopped you, you will have to object again because no copy was disclosed to you.

Anyway, I think you will get an adjournment.

Then get all the evidence by requesting them in writing and come back here for further advice.

Good luck

Link to post
Share on other sites
Let's think about an adjournment first.

They must adjourn because you have an agreement in writing and they haven't given you all the evidence.

Then we'll think about a defence.

Try not to be fobbed off by the TfL prosecutor.

If the prosecutor doesn't want to adjourn, speak to the court clerk and explain the 2 points above.

I frankly can't see them go ahead without you having the evidence in your hand.

But, if for some crazy reason they decide to go ahead with the trial your best defence would be that the oyster card they will produce as evidence cannot be admitted because you were not passed a copy of it or informed of it.

So for all other pieces of evidence apart from the inspector statement.

In this case it will be his word against yours.

Also, if the inspector asks to refer to his handwritten notes taken on the day he stopped you, you will have to object again because no copy was disclosed to you.

Anyway, I think you will get an adjournment.

Then get all the evidence by requesting them in writing and come back here for further advice.

Good luck

 

Thanks!If the prosecutor adjourned the trial,how should I discuss with him about settling out of the court?

Link to post
Share on other sites

It provides background information, well worth taking with you, but you didn't have a valid ticket at the time. It helps to show it was an isolated incident.

 

I have thought Thursday was 29th but it was 30th tomorrow. So I will update what happens on court tomorrow.

 

I bought a monthly tkt on my oyster card later after the event, and I can find the past 1 year top up receipts. Would this help on my case if I have to stand on court? just say I was planning to top up later and monthly tkt would cover that day?

Link to post
Share on other sites

Don't be pushy, just ask him 'if's possible to settle this matter out of court', don't go into any other stuff like, i.e. Visa application next Feb, that's irrelevant, that won't help you.

 

Thanks!If the prosecutor adjourned the trial,how should I discuss with him about settling out of the court?
Link to post
Share on other sites

I met tfl prosecutor just now but he was not my prosecution mamager. He said i have to contact my prosecution manager directly to discuss about my case. He also confirmed my case will be adjourned for 2 weeks. Also I was asked to plead not guity here and he said this will not affect my discussion to settle it out of court. Shall I do this or not?

Link to post
Share on other sites

Did you ask him who your prosecution manager was? You need to find out who he is and I would suggest writing to him directly.

 

But good news it has been adjourned.

 

I met tfl prosecutor just now but he was not my prosecution mamager. He said i have to contact my prosecution manager directly to discuss about my case. He also confirmed my case will be adjourned for 2 weeks. Also I was asked to plead not guity here and he said this will not affect my discussion to settle it out of court. Shall I do this or not?
Link to post
Share on other sites

If it's been adjourned then you can leave, just check with the court.

 

I know who he is and I have his email. Is email ok?

 

And can I leave now or still wait to stand befofe court and plead not guity?

Link to post
Share on other sites

They should write to you.

 

Ok i will try to confirm with someone from court and leave. Will i know new date today or court will wrire to me?
  • Haha 1
Link to post
Share on other sites

I have just left the court. The new date will be 13 Nov. The judge asked me to plead guity or not and i said i will attend in 2 weeks to confirm. I also said explanation of the situation on the day and pointed out thay TFL lost my initial written letter and irresponsable communication to me. Did I do anything wrong today?

 

I will need to contact my prosecution manager again. I did want to settle this earlier. How do you guys think I should do?

Link to post
Share on other sites

Write a draft of what you are going to send the Prosecution Manager, then post it up without personal details and ref numbers.

 

You did o.k., how did you get to speak to the Judge?

 

I have just left the court. The new date will be 13 Nov. The judge asked me to plead guity or not and i said i will attend in 2 weeks to confirm. I also said explanation of the situation on the day and pointed out thay TFL lost my initial written letter and irresponsable communication to me. Did I do anything wrong today?

 

I will need to contact my prosecution manager again. I did want to settle this earlier. How do you guys think I should do?

Link to post
Share on other sites

I want to write a letter to the prosecution manager like this: (any suggestions are welcome)

 

Dear MR XXX,

 

Thanks for arranging to adjourn my court date. I really hope we can settle this matter as soon as possible.

 

Firstly, I really had an urgent situation on 27th Jun 2014 when my wife told me she felt very ill so I was very worried about her and want to see her at earliest. I also need to go to work on that day too. I did purchase a new monthly ticket later on my own oyster card, which should cover the whole day of 27th Jun. I believe you can find a full good top-up history (card number XXXX) for the past many years and I can provide my top-up receipts for the past one year too.

 

In addition, I can assure you that this incident has enabled me to fully appreciate the seriousness of failing to produce a valid ticket, and I sincerely apologize for the inconvenience I may have caused you.

 

This really disturbed my whole life in the past few months. I would respectfully ask that in light of the above, this matter may be concluded by covering any administrative costs you may have incurred from my actions. I would like to offer £XXX to settle this out of court.

 

Yours sincerely,

NAME

Link to post
Share on other sites

Don't send yet, see what others think.

 

 

Dear Mr. XXXXXXXXX,

 

On XXth XXXXXX 2014, an Inspector asked me to produce my ticket for the journey I had made. Unfortunately, on this occasion, I was unable to produce a valid ticket for inspection.

 

On the day of the incident, my wife told me that she felt very ill so I was very worried and concerned about her and wanted to see her as a matter of urgency, then I also had work commitments on that day too.

 

I can confirm, however, that I did purchase a new monthly ticket later on my Oyster Card, which would cover the whole of XXth XXXX 2014. I am confident that internal records you keep regarding my travel on TFL network using my Oyster Card will support this assertion.

 

Your internal records will show that I have a good top-up history (card number XXXX) for journeys made on the TFL network over a number of years. Further, I can provide my top-up receipts for those years if requested.

 

That said, I fully accept that I appear to have breached a Regulation of Railways Act 1889, section 5 (1), and understand, fully, that it is my responsibility to ensure that I produce on request a vaild ticket/card for my entire journey.

 

This incident has enabled me to fully appreciate the seriousness of failing to produce a valid ticket, and I sincerely apologise for the inconvenience I may have caused you.

 

I would like to thank TFL for the adjournment of the recent court date. I wrote to TFL numerous times on their request but TFL did not respond to my communications. This incident has disturbed my whole life over the last four months.

 

I would respectfully ask that in light of the above, this matter may be concluded by covering any reasonable administrative costs you may have incurred from my actions.

 

Yours sincerely,

 

Mr. XXXXXXXX

 

 

 

The reason why the amount you have offered has been removed, is it could be interpreted wrongly. Let them set the settlement figure.

Link to post
Share on other sites
Don't send yet, see what others think.

 

 

Dear Mr. XXXXXXXXX,

 

On XXth XXXXXX 2014, an Inspector asked me to produce my ticket for the journey I had made. Unfortunately, on this occasion, I was unable to produce a valid ticket for inspection.

 

On the day of the incident, my wife told me that she felt very ill so I was very worried and concerned about her and wanted to see her as a matter of urgency, then I also had work commitments on that day too.

 

I can confirm, however, that I did purchase a new monthly ticket later on my Oyster Card, which would cover the whole of XXth XXXX 2014. I am confident that internal records you keep regarding my travel on TFL network using my Oyster Card will support this assertion.

 

Your internal records will show that I have a good top-up history (card number XXXX) for journeys made on the TFL network over a number of years. Further, I can provide my top-up receipts for those years if requested.

 

That said, I fully accept that I appear to have breached a Regulation of Railways Act 1889, section 5 (1), and understand, fully, that it is my responsibility to ensure that I produce on request a vaild ticket/card for my entire journey.

 

This incident has enabled me to fully appreciate the seriousness of failing to produce a valid ticket, and I sincerely apologise for the inconvenience I may have caused you.

 

I would like to thank TFL for the adjournment of the recent court date. I wrote to TFL numerous times on their request but TFL did not respond to my communications. This incident has disturbed my whole life over the last four months.

 

I would respectfully ask that in light of the above, this matter may be concluded by covering any reasonable administrative costs you may have incurred from my actions.

 

Yours sincerely,

 

Mr. XXXXXXXX

 

 

 

The reason why the amount you have offered has been removed, is it could be interpreted wrongly. Let them set the settlement figure.

 

 

 

 

I would just refer to 'The Regulation of Railways Act' and not any specific clause.

 

 

The Summons is very unlikely to be charging an offence against Section 5 (1), much more likely Section 5(3)(a), but just mentioning the Act is fine, leave out the clause reference.

  • Haha 1
Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...