BazzaS
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Everything posted by BazzaS
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"best way to avoid a record" is a bit far fetched given the advice you received here on CAG, which made it clear that this wouldn't be the case. Do you also expect us to believe "your barrister friend" didn't make this clear to you (or said "those posts on CAG are wrong")?. "I was travelling on the tube and decided to use my sister's freedom pass" is what you have previously said. You need to get your story clear and stick to it : preferably the truth. I'll bow out if there isn't a clear & consistent story : I wouldn't wish to collude in you "trialling which story is most likely to get you off the hook" : the small details will always catch out anyone tempted to fib.
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It may not say it on the letters, but I've given you the link to e.g. MerseyRail's relevant web page. You DO need to declare it for posts exempt from RO Offenders. Back when the Gaming Board was extant (It is now the 'Gambling Commision), I know of someone refused a license to be a croupier. They didn't declare a (formal) caution on their application. They probably would have been allowed the license had they declared the caution (minor offence as a young man) : because they decided "they didn't need to declare it" it was held to show sufficient lack of probity as to prevent them being granted a license. http://www.gamblingcommission.gov.uk/frequently_asked_questions_fa/getting_a_licence/does_having_a_criminal_record.aspx Are you still sure you need not declare it?
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18.1 bylaw = shows only on enhanced CRB S.5 RRA 1889 (e.g. intent to avoid fare) = shows on basic CRB , too. See my post further up this thread linking to MerseyRail's web page.
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I'll phrase it a different way then, since you haven't answered my query re: which part of the enhanced CRB you think it will show in ...... You are applying for a job as a taxi driver, or for a license to be a croupier, or as a Scout leader : do you declare your "non-record"?
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Ok then : what section of the enhanced CRB do you believe it will show under? The cautions & convictions part, list 99, or "other information at the Chief Officer of Police's discretion"? It's a criminal conviction, and a criminal record, except it is only recordable as far as for the purposes of an Enhanced CRB (or for that matter, once 'spent' : for posts exempt from the provisions of the Rehabilitation of Offenders legislation). This is a reason why it is preferable to seek an out of court settlement if you can, which is mutually exclusive with "guilty plea form going back to the court" : unless you can get them to settle outside of court (even "on the courtroom steps" if need be!)
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Expect a conviction, and record on an enhanced CRB. This is a guilty plea, not an out of court settlement if there is a "plead guilty form to send to the court".
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In the end, though, from what you admit, you were guilty, so by what miracle do you expect to turn things around on appeal?
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If the letter is from the TOC and not the court, then strictly speaking it is costs and an administrative penalty, as only a court can impose a fine. However, if you can settle out of court by paying any penalty and costs : Do so. It likely won't be any more than you'd end up paying in court, and nothing will be recorded on even an Enhanced CRB. If its a court form to plead guilty, then it isn't an out of court settlement, and still may show on an enhanced CRB. I take it you have accepted your error, offered an apology & given an undertaking (or expect to be warned) not to repeat such an error?
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Pleading guilty means the court doesn't have to decide if you are guilty or not, it means you accept your guilt. You get credit from the court by way of a reduced penalty, but it is still a conviction. Accepting your error and persuading them to settle out of court avoids a conviction / record. Court and guilty (by plea or being found guilty) = record.
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Which will leave you with the conviction / criminal record .. which I fear you will find hard to avoid unless you can perusade them to offer a settlement out of court. Again, is this an option you have followed so far?
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No record if settled out of court. If taken to court and found (or plead) guilty : A criminal record which may well show on an Enhanced CRB. If the are proceeding under Bylaw 18.1 it is a strict liability offence : they don't have to show intent to avoid a fare, only that you failed to show on demand a valid ticket, unless you can show one of the statutory exemptions as a reason to be 'not guilty'. If they "have you bang to rights" try to get them to settle out of court. If they won't accept an offer to settle out of court (& they don't have to!) I fear you'll find it hard to avoid a conviction without a better reason than "didn't realise it was out of date" - what have you done to see if they'll accept a settlement out of court?.
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From : http://www.merseyrail.org/about-us/prosecutions.html Q:Will I get a criminal record? A: If found guilty of a Byelaw offence, it may appear on an enhanced CRB CHECK but if you are found guilty of a Railway regulation act 1889 section 5 offence, then this would show up on any CRB CHECK. If you pay the administrative penalty, this will enable us to withdraw your case from court, and consequently you will have no CRB RECORD. So, if this is an 18.1 bylaw "failed to show valid ticket": A) it is a " strict offence" so they don't have to prove intent to 'fare dodge', but B) if convicted it may show on an enhanced CRB
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Have they served it properly?. What if Octoan's wife accidentally misunderstood, and described someone 20 years older/younger, and 4 inches different in height when asked to describe him?
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The OP has replied on the previous thread, but I'm answering here. If you have had the first letter, do they say what bylaw or statute they are considering? (Bylaw 18? Section 5.3?? And of which Act(s)? ) I'm still concerned that your "text speak" posting style might put off replies .... I've certainly curtailed my response as a result.
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I too suspect it was a concessionairy Oyster, or at least one with an associated photo card. If it was a PAYG oyster with sufficient funds, that doesn't need a photo card, then one wonders why the OP should have been stopped (or at least not passed any Oyster checks when stopped). As ever, the devil is in the detail (TfL might prosecute for any bylaw offence, but seem to be less keen to settle out of court for e.g. Abuse of Freedom Pass)
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It is probably worth you starting your own thread, with more detail : what sort of oyster was your friend's? (Abuse of e.g. Freedom Pass seems especially hard to persuade TfL to seek alternatives to prosecution) Usual advice is to await the letter from TfL, so you can post what bylaw or statute they are taking action under. I'd advise against further "txt speek". Respondents on CAG are volunteers & do so in their own time : if they have to decipher your post(s) they might think "let's not bother with that one". There is a risk that TfL might persue a court case against you, and you may end up with a criminal record : would you want to decrease your chances of a settlement other than in court by a) getting less advice here, b) them not accepting any offer of an alternative to court, because it was too much hassle to decipher 'text speak'?
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If you are a non-tax payer, have you asked them why you are still being required to submit returns?. After a few years of "none owed" returns they MIGHT stop asking you to submit returns, unless your situation is unusual?. The previous late returns may have triggered the next year's demand for a return? http://www.hmrc.gov.uk/sa/need-tax-return.htm
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In previous years, they could charge a penalty (£100 from memory) for a late filing, even with no tax owed. They have 'upped the ante' from 2010/11 tax year onwards ; and the penalties are certainly more severe. As for appeals : http://www.hmrc.gov.uk/online/excuse-missed-deadline.htm Generally, a 'reasonable excuse' is when some unforeseeable or unusual event beyond your control has prevented you from filing your return on time. For example: a failure in the HMRC computer system your computer breaks down just before or during the preparation of your online return a serious illness, disability or serious mental health condition has made you incapable of filing your tax return you registered for HMRC Online Services but didn't get your Activation Code in time
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http://www.hmrc.gov.uk/sa/deadlines-penalties.htm#3
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Raw materials cost is a few pennies .... Staff costs adds some more, but there must still be a significant mark-up / profit, agreed. However, people are paying that, so they are providing what the customer wants at a price point those customers are wiling to pay. They might get more sales for a lower price, but presumably someone in Whitbread's set-up has looked at sales volume vs. markup vs. staff/site capacity vs. brand image, and has said "we pitch the price here" .....
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Legal question, motoring offences 2k fine
BazzaS replied to equality 2521's topic in Speeding and Motoring Offences
You might be well advised to keep those recordings, and their existence, to yourself, unless you had the court's leave to do so (permission to record in court). http://www.legislation.gov.uk/ukpga/1981/49 S.9 Contempt of Court Act 1981. Recording without the Court's leave can be contempt of court. S.14 CCA 1981, as this was in the Crown Court, the maximum period of imprisonment available to the court if it finds contempt is 2 years. -
Customer choice. You won't go there, but based on what I've seen at my local Tesco's : There may be people who stay away, but there is no sign of that based on the number of people you do see there.
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That URL applies to appeal from Crown Court, and it specifically notes it isn't applicable for convictions from Magistrates' Court .....
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