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TfL court summon for using fake 16+ pass

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I purchased fake Oyster card I have emailed soo much tfl seem to continue with the prosecution should I plead guilty and appear in court or plead guilty and let court settle 

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Hello and welcome to CAG.

What is the wording of the court document, what are you accused of please? The best thing is to copy the charges as they are on the letter you have.

Best, HB


Illegitimi non carborundum

 

 

 

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For using fake 16+ oyster  card i have a court summon on Wednesday I am confuse if I should plead guilty by post or go in person 

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Hi.

I'm trying to ask you to type onto here what TfL say you did wrong, exactly what it says on the summons please.

HB

 


Illegitimi non carborundum

 

 

 

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you must always plead guilty in advance by post and always attend to show remorse.

else you run the risk of far greater monetary sums.

plus you might be able to settle OOC to the prosecutor on the day to avoid a record

 


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17 hours ago, dx100uk said:

you must always plead guilty in advance by post and always attend to show remorse.

else you run the risk of far greater monetary sums.

plus you might be able to settle OOC to the prosecutor on the day to avoid a record

 

So I tried to email the court to reschedule the date so I can get a lawyer to plead with  tfl is that a good idea 

17 hours ago, dx100uk said:

 

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waste of money a lawyer, 

whens the case?


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6th March 

But I get a criminal record if i plead guilty 

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Which law or byelaw are they prosecuting you under?

 

HB


Illegitimi non carborundum

 

 

 

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4 minutes ago, Vgc said:

6th March 

But I get a criminal record if i plead guilty 

A guilty plea will get you a criminal record - as would being found guilty at trial.

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6 minutes ago, Vgc said:

6th March 

But I get a criminal record if i plead guilty 

Not necessarily.

Have you not read the fake card threads here? Sev have resulted in no record

What pleading letter did you send? To tfl


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By law for fare evasion 

it says at the back of the letter that if plead guilty I will be convicted 

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I did send a pleading letter + mitigation but they rejected both as they said people that want to work in finance must be of good character and I didn’t potray that 

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would it be at all possible to scan the rejections to your pleadings please AND the court case letter 

read upload PDF ONLY PLEASE


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so what reason did you give for purchasing the known fake card?

why did you do it?

if I were to be frank here , it you KNOWINGLY and PURPOSEFULLY got it to evade paying your full fare then up creek the with no paddle are you, 

pleading guilty and attending in person begging for leniency is the only way you'll ever stand a chance of not getting a criminal record.


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But every one gets the criminal record no matter if u go or not 

I asked for the court to reschedule so I can plead with tfl 

because the punishment is too much 

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Posted (edited)
28 minutes ago, Vgc said:

But every one gets the criminal record no matter if u go or not 

I asked for the court to reschedule so I can plead with tfl 

because the punishment is too much  

A criminal record is only if convicted - either by pleading guilty or by being found guilty at trial.

They will have sent a charge notice with the postal requisition - what exactly is the charge laid out in that ? The fine for fare evasion is up to £1000 - they could probably have hit you with a Fraud charge, which is far more serious and can involve jail time.

The court will not re-schedule a hearing to give you longer to discuss the matter unless there is some procedural or technical reason why the hearing cannot take place as planned - the court are under a duty to progress cases as effectively as possible. If you plead guilty then, as a summary case, the Magistrates can deal with it there and then (There's no need for probation reports etc).  If you please not guilty then a trial would need to be scheduled.

Keep in mind that the costs of going to trial will be higher than pleading guilty on the first occasion as TfL will likely have to instruct a solicitor/counsel to represent them and they will seek to recover costs.  You also lose the 1/3rd reduction for not pleading guilty at the first instance.

Edited by ss002d6252

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I know it's not my thread but I went through the same thing and didn't utilise the help of the forum. I resorted to a lawyer thinking it would help. Trust me it won't change anything however if you are completely set on getting one, DO NOT GET [edited - HB] SOLICITORS, they are completely useless. 

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18 minutes ago, injoestar said:

I know it's not my thread but I went through the same thing and didn't utilise the help of the forum. I resorted to a lawyer thinking it would help. Trust me it won't change anything however if you are completely set on getting one, DO NOT GET [edited - HB] SOLICITORS, they are completely useless. 

I am actually using them now I relised they are useless 

what did u do have u plead already 

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Have the solicitors advise you of the likely outcome ? They should be aware of the local courts and what they are generally handing out by way of a penalty.

You're very lucky they haven't gone for one of the more serious offences but in the case of fare evasion the guidelines for sentencing cover from a conditional discharge (i.e we don't want to see you here again and stay out of trouble) to a low level community order.  The law allows up to 3 month imprisonment but the magistrates would be well outside their guideline figures to get anywhere near imprisonment.
https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/railway-fare-evasion-revised-2017/

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I've removed the name of the law firm, please don't post the name. Fwiw, the main view here is that lawyers clock up bills without necessarily helping and you end up paying for their learning curve.

HB

 


Illegitimi non carborundum

 

 

 

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So you think I should take solicitors out of this and plead guilty 

the soliton said I have less chance 

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Posted (edited)
1 minute ago, Vgc said:

So you think I should take solicitors out of this and plead guilty 

the soliton said I have less chance  

It is a decision only you can make.

Personally I can't see you have much of a defence and so a guilty plea and then a plea in mitigation may be the best way to the lowest penalty but you need to way up the options, sensibly, and make your decision.

Edited by ss002d6252

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