Thanks for your advice, I already tried to speak to FCC and they were not helpful at all, they were at best vague and very uninterested, I told them that at no point was I told that the next step was prosecution/court, that I was advised on the train that I could appeal my penalty fare and the guy I spoke to on the phone pretty much told me 'that's just the way it is'. I am going to try and settle out of court, I have sent a letter and I have been extremely apologetic and pleading and I will see where that gets me. It's not like I can prove that I tried to swipe my oyster card.

My fear of going to court is that I can't prove that I tried to swipe my oyster card, so do I even have a leg to stand on? and they tell me it could be a fine of £175 up to £1000, plus £110 court costs, plus the fare £3.80, plus £15 victim fees and I can't remember what else

I was extremely hung over on my way home from a party and I was sure that I had swiped oyster card, I was sure I heard it beep, the gate was already open so I just went through, anyhow, while on the train a conducter came around, I gave him my oyster and he informed me that I had not touched in, I told him I was sure that I had and offered to pay my fare in cash and apologised, he said that was not an option and that I had to pay the £20 penalty fare, I told him that I didn't have that much money on me so I couldn't, he said I should pay by card, I said i couldn't do that either as this would put me over my overdraft limit, I pleaded again that I was sure that I had swiped my oyster and said that I was happy to pay my fare in cash, he refused, I said I could not pay the penalty fare and asked what I should do next, he said I could appeal the penalty fare, he filled out a form with my details and gave me a stub and said I would get a letter in the post, at no point was prosecution or court mentioned, I was not given a copy of the form with my details on, only a small stub, I then got a letter advising intention to prosecute and asking for my statement, I advised as above, and complained that I was not advised of prosecution or possible court, they came back to advise that they are sending my case to court, I contacted them and offered to pay the £20 fee as I could now afford to do so, they say no, next step is court with a possible result of being charged hundreds of pounds, unless I settle out of court, I ask how much and they don't say how much, that it would need to be about as much as they would get if I went to court, I feel like I am being taken advantage of, I think this is unfair, what should I do, take it to court and plead my case? or, settle out of court and if I do, how much should I try and settle for?