TFL prosecution!!!! - ** SETTLED BEFORE COURT **

[Sammy13]

Hello guys

 

The court date is on 5/05/14...i will negotiate further...and let us see what happens

[Sammy13]

Is it possible to ring them..or i should just write to them!!

 

please help

[honeybee13]

I would try ringing today, see how it goes. You could always write later if you need to.

 

Please let us know how you get on.

 

HB

[Sammy13]

Hello Guys

 

I just rang them and spoke to a guy..he seem to accept my apology but said in order to review the case it had to be done in writing(he also said it is highly unlikely it will change)....and he also said as it is a private prosecution it wont appear on CRB..dont know how true this is... but i am worried...

 

PLease HELP!!!!

[Grotesque]

It was obvious that you would have had to have written. Do so now, and if he appeared to accept what you said, put the same thing on paper. Also worth registering it when you post, for peace of mind.

[Sammy13]

hello guys

 

Any insights/tips can really help me.any thoughts on wat he said abt it being pvt prosecutions so therefore it wont appear on CRB

 

thanks

[Sammy13]

Hello Guys

 

 

I read the prosecution policy and i believe there are some favourable points in regards to my case..they are:

 

1.The offender admits the irregular travel and;

2.The risk of re-offending is considered minimal and; (I will never even in think of doing this again even if it is in my dream!!!)

3.The offender agrees to pay the administrative costs incurred in

the processing of the case file.

 

Can i write back to them to reconsider my case with these points in mind!! OR is it too late for this!!

 

 

Please help!!

[honeybee13]

I don't think it's too late, Sammy. I did think you'd written already, sorry if misunderstood higher up this thread.

 

Yes, put a letter together but please take your time and get it right. You have some time before the court case, so you don't need to rush.

 

HB

[Sammy13]

Hello guys

 

one more question before i start writing....can it be typed!!

[Grotesque]

Of course.

 

But either way, TfL aren't going to do graphological analysis to decide your fate!!!

[Sammy13]

Hello

 

Guys I have sent the letter a week ago and no reply yet! Does anyone know how long they take to reply!!

[Grotesque]

Bro, they are receiving loads of similar letters every week! Remember the weekends get in the way too.

[Sammy13]

Hello

 

Thanks for getting back! OK i get it...

[Sammy13]

What happens if I lose my court summons!!

[JoeyJoeC]

At worst? You would have to pay a fine. Amount depends on the costs and your working circumstances. Nothing more.

[BazzaS]

What happens if I lose my court summons!!

 

At worst? You would have to pay a fine. Amount depends on the costs and your working circumstances. Nothing more.

 

Lose the summons (the paper) or lose the case (found guilty)?

 

If found guilty you would face not only a financial penalty, but also a criminal record, so I must disagree with JoeyJoeC for that reason.

[Old-CodJA]

If you have been charged with using a transferred ticket with the intention of avoiding payment of the correct fare and are unable to convince TfL to allow the matter to be settled without Court action and then if you are found guilty, this will result in a fine and a criminal conviction.

 

If you do not reply to the Court Summons you are likely to be found guilty in your absence and if this is a first offence, the Magistrates are likely to order you to pay a fine of around £400, they will probably order you to pay compensation of the fare, the prosecutor's costs (probably around £100-£150) and a victim surcharge of 20% of the fine applied. (A total of around £550+) If the charge is a breach of Byelaw, the fine element is likely to be half that imposed for intentionally avoiding a fare

 

If you decide not to contest the evidence and plead guilty at the first opportunity then the Magistrates will reduce the fine by at least a third. Make sure that you complete a means form (MC100) and if you have limited income it is likely that they will take this into consideration and reduce the awards of costs accordingly.

 

If you have not been able to convince TfL to allow settlement and decide to enter a guilty plea, do make sure that you answer the Summons, give accurate statement of your income and offer an apology for your actions when responding to the Court.

 

You should not plead guilty just to make something 'go away' if you do not accept that you are guilty of the offence as charged

[Sammy13]

Hello Guys

 

Thanks for your replies. Fine of 400...omg...In my summons it says tfl will be looking for 130 pounds and the fare dodged...

[Sammy13]

I cant pay that much...I am a student and dont have a job...I rely fully on my student loans...

[JoeyJoeC]

I cant pay that much...I am a student and dont have a job...I rely fully on my student loans...

 

You won't have to pay it all at once. In court, they will give you a form to fill out your in-goings and out-goings. This is so they can see your financial situation. When they issue you the fine, they will ask if you are able to pay it immediately or otherwise. Tell them you can afford £5 per week (The minimum).

[Sammy13]

Hello

 

But when I first rang tfls prosecution department, he said it wont appear on CRB checks as it is a private prosecution. He said they share this information with the police...

 

 

thanks

[JoeyJoeC]

Hello

 

But when I first rang tfls prosecution department, he said it wont appear on CRB checks as it is a private prosecution. He said they share this information with the police...

 

 

thanks

 

I didn't think it would either since it is a private company. It is simply a private company taking you to court to claim back on losses for you not buying a ticket. Simular to a private car park "fine". Bazza says otherwise so I assume he knows something I don't.

[Sammy13]

Hello

He said they wont share this informantion with the police

[JoeyJoeC]

Then the fine is all you should get. £5 a week you should hardly notice it.

[BazzaS]

I didn't think it would either since it is a private company. It is simply a private company taking you to court to claim back on losses for you not buying a ticket. Simular to a private car park "fine". Bazza says otherwise so I assume he knows something I don't.

 

The private car park 'fines' aren't fines - even those companies have stopped calling them fines (since the courts won;t allow them to call them fines!).

 

If it were a purely civil / private case, claiming for losses : it would be in the county court for damages.

 

The TOC may get back costs, and recover their loss of fare, but any fine goes to the courts. A private company can't 'fine' you, but can claim damages / costs. If it is a 'fine' : it is from a court, for a criminal offence.

 

It is a criminal case, even though it is being prosecuted by the TOC. Note the word - prosecuted - a prosecution is for a criminal offence. (Note the this why was the old sign "trespassers will be prosecuted" didn't use to make sense. Trespassers can only now be prosecuted for criminal trespass).

 

Not yet convinced? OK: how about: You can't go to jail for a civil offence. You can go to jail for fare evasion (though S5.3 of the RRA 1889 makes it clear this is only for repeat offenders!, as I have previously posted on this thread). Since you can go to jail under S5.3 RRA 1989 : it must be a criminal offence.

 

If you were told "don't worry, it won't show on a CRB" - how much stock would you put into such an answer, bearing in mind:

a) it may well show, at least on an enhanced DBS (eDBS), but might not on a basic disclosure

b) do you trust what they are saying if they are calling it a CRB, since they are now know as DBS's - can you trust what they are saying if they don't know the difference?.