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-Innocent-

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  1. Hi Danny With me they took 12 weeks to write to me after the evident. This conveniently makes it too late to gather CCTV and Oyster records from the day as evidence, so I guess it's standard procedure. In my case I had no idea there was any chance of it going to court until I received the letter (hence I didn't bother to hold on to receipts or gather concrete evidence from the day). As for the preparation I did do, it was all common sense stuff. In my case, I needed to prove that my registered oyster card was mine and that my travelling companion's oyster card was hers. So we each had bank statements with oyster card payments on them. Unfortunately the bank statement doesn't indicate the oyster card number, BUT, the oyster statement shows the last 3 travel cards purchased, how much they cost and also the last 8 weeks of journeys (I think). So the bank statements could be correlated to the oyster cards simply because every item on the oyster card statement that was paid for by card also appeared on the true oyster card owner's bank statement on that day for the correct amount. I'd been told time and time again that this wouldn't be considered as evidence in court, but I trusted my instincts and, as I've said, the prosecution effectively dropped their case rather than take their chances against me in court. I also had a letter from FCC regarding the CCTV footage and from a letter from TfL regarding the oyster record from the day of the incident. Both letters acknowledged my request for that data, refused to give it to me, and explained the reasons why I was unable to obtain it. These letters never came into it, but I would have taken them to court to show that I'd made the effort to obtain proof of my innocence. I also asked the prosecution to provide me with those items of evidence and wrote in detail which of their claims it would disprove and which of mine it would support. By the way, I'm not leaving it like this. My name's been cleared but my time's been wasted and so I'm considering what steps to take next...
  2. Thank you. I felt like the only person who believed in myself. My friends and family advised me "just take it on, they've got you where they want you, it's damage limitation from this point on" etc... even though they believed that I'm innocent. My general advice to anyone in this situation is to stick to the truth. If the truth is inconvenient / complicated, you'll have to work that little bit harder for it. But don't LIE by saying you're guilty if you're not. I'll be back to tell what happens next...
  3. The scenario IS exactly as I reported it. Actually my friend didn't attend with me, yet the case was dismissed almost immediately by the magistrates. Here's how the story goes from the point of my post in which I was desperately seeking last minute legal representation. 1- 5 days before the case, I went to see a solicitor, he told me that my story sounded too complicated and that I was better off avoiding court by offering an out of court settlement with no admission of guilt to FCC, thus reducing the likelihood of a criminal record. I'm not sure whether or not he believed my story, but I was utterly unimpressed with his level of professionalism and strongly disagreed with his opinion on how the matter should be dealt with. I refused to pay / sign his terms and conditions at the end of the consultation. 2- 3 days before the case I looked up the TfL Byelaws quoted in the charges against me and wrote a list of truthful objections to how the matter had been handled by FCC 3- I then scrutinised the evidence against me (the Witness Statement), which I believed had been completed after I signed it. I made a list of any inconsistencies on that form (there were many, many dubious points). 4- 2 days before the case I went to FCC, TfL and my bank and asked them all for any evidence they could provide to support my case. When told no, I asked for an official letter in writing acknowledging my request for the evidence and giving the reasons why I was denied. 5- 1 day before the case I spoke to my travelling companion (the one whose oyster card it really was). She wrote an email to FCC prosecution questioning their conduct and offering to pay the fare and/or fine. She also provided scanned in evidence and screen shots to prove that the oyster belongs to her and that she regularly tops up before travelling (bank statements, oyster statements, TfL online account). TfL were copied in, I was copied in, the court were blind copied in. 6- I then gathered my articles of evidence, including my own bank statements, oyster statement (proving ownership), a screenshot of my friend's email, plus alllll the evidence she'd already provided. 7- I received a phone call from FCC prosecutions. They seemed to be trying to trick me into incriminating myself. I chose my words carefully and stuck to my guns. They demanded further information, I ensured them that I was writing an email that they would receive shortly. 8- I sent off an email confronting them with the TfL Byelaws and my account of their inconsistencies with such laws. I basically ripped into their conduct from every conceivable angle, destroyed the credibility of their evidence and ultimately the RPI. I included all of my gathered evidence (well, the relevant bits), including a copy of my travelling companion's previous email. 9- I received a phone call shortly afterwards from the prosecutor pretty much admitting defeat. He accepted my evidence and told me that they would providing no evidence in court. He also tried to convince me not to show up - I was suspicious. 10- On the day of the case, I turned up at court, looking fresh and well dressed (unusual for me). Prosecution were shocked and looked visibly worried when I identified myself before the judge. They tried to prevent me from giving my evidence (I had a huge file under my arm and they obviously had quite an idea what was in it). I was allowed to explain to the judge why I had showed up - the prosecution tried to interrupt me, but the judge didn't allow it. I felt I'd only just begun to get my point across when the judge dismissed the case. The prosecution looked quite relieved. 11- Here I am...!
  4. I'll be back to tell the story of what happened next. Hopefully it will be of help to other people in similar situations.
  5. Thanks for your responses guys. I've tried the CCTV route - deleted within a month. Tried the Oyster records route - deleted within 2 months. The bank 'evidence' is not that useful. Because I wanted minimum fuss. I thought they might accept the £20 fine + £3.40 and I'd be done with it. I knew I wasn't legally / technically guilty, but I agreed with my friend to pay the fine and didn't have a problem with that. They ignored my written request for an out of court settlement. When I phoned them they told me I'd have to offer hundreds to stand any chance of an out of court settlement. It was at that point I started thinking to myself "Well, hang on, I've been mislead and I haven't actually done anything wrong or committed an offence myself". My account IS wholly accurate and I've already submitted a not guilty plea by mail. I look forward to it! I don't want to sound silly, but I'm curious - is there some way I can request for lie detectors to be used? If the revenue inspector is honest, then there's no case. If he's not, then it's our word against his. My friend and I are both willing to take lie detector tests because we have absolutely nothing to hide. I don't suppose they're accurate enough to be able to make the verdict, but I'd like the judge to take the results from a test into consideration if possible. Forgive me if I'm being naive, I know next to nothing about the courts. I've been trying and I'll continue to search. Originally I sought help from a solicitor and I was told I'd need to pay around a grand upfront, which I don't have spare. I just wondered why I should get myself into money troubles to defend myself against false allegations. Time is extra critical because I have an extremely demanding job and this whole situation has caused loss of sleep and ultimately slipping behind at work. But I'll continue my search in what little time I have. THANK YOU again,Old-CodJA. I especially appreciate you taking the time to help me with such detailed insights. I owe you one!
  6. Could anyone else review posts #1, #4 and #7, and advise me further please? I'm due in court on Tuesday.
  7. My friend is generally nervous and mistrusting of strangers and doesn't speak English as a first language. The situation was clearly having a terrifying effect and so I stepped in. I made the point to the inspector that my friend was travelling with me -purely- as a favour to me, to keep me company, and that I would have been the one paying the fare anyway had we realised the Oyster wasn't validated. The incident was in May 2011, I didn't hear from FCC until around the time of the London riots (whenever that was), so I didn't know I'd have to defend myself in court until after the Oyster records had been deleted. Thank you again!
  8. Thank you for your response. My companion has agreed to come to court with me, but when I originally put in my not guilty plea by post, I neglected to mention any witnesses that I'd be calling upon.
  9. ... I must give sincere thanks once again to honeybee13, Old-CodJA and SRPO for your help. My court date is 1 week away! I've been sent the clear photocopy of the inspector's original notes. Here's what it says: It makes no reference to my travelling companion. It has a technically inaccurate (and very offensive) description of my appearance and a mostly fabricated dialogue exchange, with my signature at the bottom! I didn't see those things on the day. He must have filled out this form after he'd obtained my signature. All I remember confirming was my name / address / date of birth, as I'd agreed to pay my travelling companion's fine. We weren't given an opportunity to pay the fair on the day. I might have had some loose change in my pocket, but when they asked us if we had £20 on us, we said we only had bank cards - that's when I offered for them to send the bill to my home address. I honestly thought the revenue inspector was being cooperative, but now I'm not so sure. Was he stitching me up, or did he have good intentions that somehow got lost in the rigid process of the fining / prosecution system? He knew that wasn't my Oyster card. He specifically said to me (after I'd signed the form) that "When they write to you, you'll have to tell them that this was your Oyster, OK?" and I agreed, thinking nothing of it. I've called the Oyster helpline and they're sending me a letter to confirm that I've requested a statement for that day even though they're unable to provide it (the data has apparently since been deleted). They're also sending a letter to confirm which Oyster card is registered in my name. Further, I called my bank who are sending me a statement for May 2011, which shows a payment to First Capital Connect for £10 on that day - the amount by which I topped up my actual Oyster card before embarking on that journey. It doesn't feel like a lot in my favour but I'm not sure what else to do. Should I be thinking about how to handle this in court? Please any help / advice would be very much appreciated.
  10. Please somebody help. I hope I haven't come across as rude, and I apologise sincerely if that's the case - I can assure you that I'll appreciate any advice / information, even if it's not what I wish to hear. I'm just at a loss. If I can prove that I paid / tapped, I hope I'm in the clear. As far as I'm aware, I didn't do anything illegal / immoral on that day - just tried to help a friend out. I've been through months of stress because of this, but I paid, I tapped, and I gave the inspectors my Oyster on demand. They know this. The allegations are false, based on lies. I just want a way to prove it.
  11. Hi guys This is a slightly complicated situation that's gotten out of hand. Please hear me out. From my side, I topped up my registered Oyster, tapped in, then boarded a First Capital Connect train from Alexandra Palace to London Kings Cross. Ticket inspectors were on the train and I produced my validated Oyster card on demand. Now I'm being taken to court for 'failing to provide a valid ticket or validated Oyster card on demand' or some such nonsense. Sounds suspicious, I know, but it's the truth. Here's how it happened... In actual fact I was travelling with another person and that person did not have a sufficient funds on their Oyster card (an honest mistake, but that's irrelevant). When the ticket inspectors asked that person for a £20 on-the-spot fine, I offered to pay it myself - as a friendly gesture to the person who I was travelling with. Neither of us had £20 on us right there and then, but the inspector seemed like a sincere, cooperative guy. I gave my details to him, to send the bill / fine to. No bill ever came. Many months later I received a letter giving me an opportunity to provide a written statement (in which I wrote the full truth and suggested an out of court settlement). Next thing I know, *I'm* being summoned to court for an unpaid £3.40. But I'd have to lie to plead guilty, because *I* had a validated Oyster (my registered Oyster card). The problem I have now is that this all happened about 6 months ago. Does anyone know how I can get my Oyster records from that far back to use in court? I've called the Oyster helpline and I've been told the records only go back as far as 8 weeks. Does this mean I can't prove that I paid / tapped in? I'm afraid of looking like a liar in court, but I'm 100% innocent. I'd really appreciate some advice. The court date is in a matter of weeks and I have no evidence to back up my story. A million "thank you"s in advance.
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