waiting for court summons... need your advice and opinions

[ceylon_1234]

Dear CAG members

 

hope all is well. I will try explain my situation briefly. On the 28th may this year,i got caught using my girlfriend's oyster card by a tfl inspector. I have mistakenly picked up the wrong oyster card on that day in a rush to go to work. (my girlfriend and I have both the same oyster card wallets). I have explained to the inspector it was a genuine mistake, i should have checked before hand and it was a first time offence. He carried on with the process of taking my details etc.

 

In the first week of September, I received tfl's letter saying they are considering taking legal actions for my fare evasion case and if i want to add anything in my defence... So i sent them a groveling apology letter with evidence of good and regular use of my own registered oyster card (obtained from tfl's records upto 8 weeks) among other documents that would help my case etc..

 

Its been 6 months since the date of the incident, and nearly two months since i sent my apology letter. I haven't heard from TFL or the courts since then.

 

is there still a chance of tfl prosecuting me? or even recieving a letter from the courts (court summons)?

 

have read that after 6 months from the date of the incident if i dont recieve a court summons, I can assume that the time limit for bringing forth proceedings has elapsed. Is this true?

 

Your help will be greatly appreciated.

 

Many thanks

 

Ceylon

[postggj]

well if you and your other half both had valid oyster cards atb the same time, with credit on them,

 

i would think you are in the clear as this will prob be easy to defend if needs be

 

i would keep quiet and not rock the boat for the time being

[ceylon_1234]

thanks for your swift reply postggj!

 

yes we both had valid and registered oyster cards at that time. i forgot to mention that my girlfriend's card was a student oystrcard. which i only noticed when the inspector asked me to see the inside of the oyster wallet. ishould have checked the wallet if it was mine before rushing off to work.

 

anyway what's done is done..

 

i will keep quiet for now and wait for any letters. btw do you know anything about the 6 months limited period for court proceedings mentioned in my first message?

 

thank you again

[postggj]

ive heard of this but cant confirm ime afraid

 

ill do some digging

 

the last goverment did more to erode human rights than hitler did so if that legislation did exsist, it may now be history

 

but ill check

[ceylon_1234]

thats very kind of you. much appreciated

 

thanks again postggj.

[Wriggler7]

Different laws have different 'time limits'.

 

'Avoiding rail fares': From the date of the alleged offence, prosecution has 6 months to 'lay the information'. That is the point when they need to 'tell' the court that someone has committed (in their opinion) an offence.

 

The case can then proceed several months later.

 

'Law' is 'wonderful'. If a person is also alleged to have been a bit fast and loose with giving name and address, there may be odd circumstances where an information may be laid 'out of time', and there are also circumstances where expensive solicitors can earn a few bob arguing that if the information was 'in time', but unreasonably delayed, it should not be heard.

 

Then, of course, there are the other legal remedies. If the 'railway' can show a legal debt, such as non payment of a fare, they could, theoretically, have up to six years to start an action in the County Courts.

 

In practice, if they wanted to prosecute, you would probably have heard by now.

[Wriggler7]

You used the word 'assume'. Did you never do one of those motivational courses where the instructor says 'if u assume, you make an ass out of u & me'.

[Grotesque]

i forgot to mention that my girlfriend's card was a student oystrcard. which i only noticed when the inspector asked me to see the inside of the oyster wallet. ishould have checked the wallet if it was mine before rushing off to work.

 

anyway what's done is done..

 

i will keep quiet for now and wait for any letters. btw do you know anything about the 6 months limited period for court proceedings mentioned in my first message?

 

thank you again

 

You accidentally picked up an Oyster that gave you discounted travel in place of your own (full fare?) Oyster.

 

Which are usually issued with different coloured wallets.

 

Bearing in mind that a student Oyster is also a photocard, strictly you were 'impersonating with intent to obtain a valuable service or commodity'.

 

Not disputing your reasons here: but those are the points the prosecution officer will be considering you see. Ironically a worse case scenario than being caught without any ticket all.

 

The 6 month period is the limit for the Railway to present their case to the Court; the case itself can be heard almost any time within reason (i.e., not specifically within 6 months). No I'm not even going to try and define 'within reason'!!!

 

Best of luck and let us know what happens?

[Old-CodJA]

Yes Ceylon-1234, we have already have had PM exchanges regarding this. Technically, TfL can still apply for a Summons up to 27th November, but if they intend to proceed I would be surprised if they have not already 'laid the information'.

 

If they intend to proceed you will receive the Summons in the near future.

 

I suggest that it may be likely that they have decided not to proceed having accepted the reasoning that you made in your letter sent in September.

 

I would not contact them again unless you receive a Summons.

 

.