Court Summons for Using an Expired Bus Ticket

[supersymm3try]

Hello people, I hope you can help me.

 

Today I received a letter from a magistrates court summoning me to court for traveling on a bus using an expired bus ticket.

 

The company is Nexus (Go north east) and included in the letter is a statement of facts, and witness statement written by the driver.

 

The facts statement says that I :

1) traveled on a bus operated by go north east on that date

2) that during the course of the journey I was asked to produce a valid ticket for the journey now been (sic) taken (meant to say "being" i think)

3) I was unable to show a valid pass, but did show an expired pass which was not valid for travel on that day.

 

In reality, this is what actually happened.

 

1)I boarded a bus, and showed the driver my pass, I GENUINELY did not realise it was my expired pass

2) he told me it was expired so I apologised to the driver and he confiscated my pass.

3) I then asked how much the fare was for the journey, but I did not have enough money for the fare

4) I apologised and LEFT the bus WITHOUT MAKING ANY JOURNEY.

 

let me reitterate, the journey to which they refer to several times in the statement of facts never took place, I never travelled on the bus, the bus did not move 1 inch while this was going on

 

So my question is, can I use this information as a viable defense?

 

Is it worth writing to the bus company asking them to drop the case based on this?

 

Or is it worth making taking it all the way and making a not guilty plea and defending myself in court?

 

I am furious about this, and have read the laws under which they allege the offence was commited and everything I have read points to the offence being TRAVELLING without a valid ticket, which I clearly did not do

 

I hope someone can help, its my birthday tomorrow and this is STRESSING me out to no end

 

thanks

[sailor sam]

Hi and welcome to CAG

 

If we go by the letter of the law (which should be the case), then you are obviously not guilty of the offence as stated. If the charge read 'attempting to travel on an expired ticket' that would be different. As I see it, the prosecution facts are wrong as they state 'during the course of the journey' when in fact the 'journey' had not commenced. Had an inspector boarded the bus and inspected your ticket after the journey had commenced, that would be different also. What you seem to have done is simply boarded the bus with an expired ticket and have been prevented from travelling by the driver who correctly confiscated the ticket.

 

As far as i'm concerned, that is the only action can be taken unless they have reason to believe (and the evidence to back it up) that you are a persistent 'offender'.

 

I would confirm this however with a solicitor.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[supersymm3try]

thank you very much for your reply

 

those were my thoughts exactly!

 

The wording of the accusation clearly states that I travelled using an invalid ticket, and that during the course of the journey I was asked to produce this ticket.

 

I will email the company, but am more than willing to go to court to fight my case.

 

I liken it to someone getting on the bus and asking for a fare which costs £1.00, they realise they only have 50 pence, and so get off the bus without travelling

have they committed a crime by not having enough to cover the INTENDED journey? I wouldnt think so.

 

I realise that your advice isnt sterling 100% legal, but I just wanted someone else's opinion on this to make sure I wasnt being clouded by anger!

 

thanks again

[sailor sam]

Well my advice is based on me being an ex-bus driver if that any help. I liken it to an OAP boarding a bus 15 minutes before their pass kicks in. Same principle in my book although the driver wouldn't confiscate their pass.

 

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.