help required regarding TFL prosecution - **SETTLED BEFORE COURT **

[rebel11]

Hi sddxac

 

Welcome to CAG

 

Can you remember exactly what you wrote in your letter in July?

 

Have you actually got a court date?

[rebel11]

Hi sddxac

 

Time isn't on your side.

 

You can consider writing to TFL, as you have the reference number. In your letter quote the Ref Number. An example of a letter can be found in post no.18 in the link below.

 

Amend it accordingly so you quote the correct byelaw in the letter and that applies to your case. Don't copy the letter, your letter needs to have more substance and be personalized, adapted to your case.

 

Convey that you regret your actions and are apologetic, be sincere. Explain that it won't happen again. Send it Recorded Delivery.

 

http://www.consumeractiongroup.c o.uk...ly-travel-card

[rebel11]

Email the letter as suggested as suggested in post 4.

 

If you sent the letter Special Delivery, they signed for it, you should be chasing that letter, you want to find out what's happened to it and why they haven't read or responded to it.

 

You should also complainn to the CEO of TFL that they received your letter but the prosecutions department at TFL has lost it.

 

That in itself is very unfair,

they ask you for your side of the story,

you send your side of the stroy via special delivery,

they lose your letter, they don't respond.

 

Thanks rebell11. my first post was special delivery by royal mail and it was delivered to their office but they still didn't find it. That is why I emailed them again as they suggested when I called TFL. I don't really have time to post another letter but I can call them to use similar wording as you suggested.

 

If I can not settle out of court, in my case, will I get a criminal record? If yes, will it affect my visa extension?

 

also should I plead guilty or not?

[rebel11]

You have contacted TLF regarding your letter, they say they cannot find it, so you have missed an opportunity to settle this out of court or the opportunity might still be there, but you aren't or don't want to take it. Even at this stage out of court settlements have been achieved.

 

It's pointless asking those questions until you've done as suggested.

 

You could consider visiting CAB, it's free, there should be an office near you.

 

http://www.citizensadvice.org.uk/

 

should I plead not guilty to buy more time? What does it mean if I plead not guilty?

[rebel11]

Hi sddxac

 

Did you use the Oyster Card in the underground?

 

In response to post 10.

 

Write a Formal Letter of Complaint, mark it as such. Explain what's happened (TFL sent you a letter Ref. Number XXXXXX, they asked your version of events with any mitigating factors. You returned it with your response via Special Delivery mail Ref. Number), how they have let you down (you have chased up TFL who state that they can't find it, it seems that TFL have lost it, you received another letter telling you of their intention to prosecute you regardless of the fact that you replied to their letter - this is very unfair) and what you want them to do (find the letter or allow you to respond again).

 

You need to give TLF some time to respond.

 

Send it to:-

 

Mr Mike Brown

Chief Executive

Transport for London

MikeBrown@tfl.gov.uk

[rebel11]

You seem to want to respond with questions. What proof will you have that you contacted them today, it doesn't seem to matter to you, that you did as they requested, sent them your response and they have lost it but they are carrying on with the prosecution.

 

I would get that email written and sent. He will get somebody from his office to contact you.

 

I just called TFL and the officer asked for proof of hurting my career. I don't want to discuss such matter with my employer so suggested to send proof that it will affect my UK visa extension and he said ok. I also disucssed with him that I have been used my oyster card in the past 5 years without any problems and given him my oyster card number. He said he will review my case by end of this week. I am thinking to call him again in the afternoon. At least to confirm he has received the extra evidence. Do you think I still need to complain to the CEO or wait for now?

[rebel11]

In this situation the prosecution team are already unhappy because they are dealing with this matter, you can't make it any worse. They have lost your letter and you took utmost care and were very diligent in the way you sent it.

 

I am just a bit worried that such complaint will make the prosecution team not happy and turn down my request of settle out of court. It doesn't work like this? Does such complaint work well before?

 

I stated that I used other's ticket because my oyster run out of money and there are long queue for topup on the day I was caught. So I am not very confident when talking to TFL officers.

[rebel11]

Give them until Friday to respond. In the letter did you state your court date is coming up?

 

I have sent the complaint letter on Monday and another officer has replied just saying will get back ASAP yday. How long does it take normally? In such case, should I still reply to the court summon?

[rebel11]

Have you checked on Royal Mail as to which employee has signed for your letter?

 

I did give the court date. Just a bit worried if friday is too late because court date is soon and the letter said I need to reply to court at least 3 days before the court date.

[rebel11]

Yep, next Wed, from what the OP is saying, he sent his letter to TFL Special Delivery, but they have lost it. He should have chased it up straight away, sounds like he chased it but gave up. It's 'very unfair' if they have lost it.

 

Court date is the 29th of this month, Rebel.

 

HB

[rebel11]

You should be able to check online, with Special Delivery, there should be a signature:-

 

https://www.royalmail.com/track-your-item

 

Ring the Royal Mail up, you don't need to go to the post office.

 

I checked online and it only said delivered on 2nd Jul. No name. If I go to post office, will I get a name?

[rebel11]

Call the person that replied to you who said he will comeback to you ASAP, tell him you have further info, a signature, tell him that you need to respond shortly, also this is 'very unfair' as they lost your letter and that is what you will tell the Judge.

 

Before you call write down exactly what you are going to say.

 

I have sent the complaint letter on Monday and another officer has replied just saying will get back ASAP yday. How long does it take normally? In such case, should I still reply to the court summon?

[rebel11]

I would check with the court to see if that is correct. So far communication hasn't been great between you and TFL.

 

They didn't respond to your initial letter, they ignored your emails and they say 'they will call you back', but never do.

 

I'm guessing the adjournment is so they can look into why they haven't responded to your initial letter, when they have clearly received it and signed for it.

 

I was told that my case was adjourned for 2 weeks, so I think I don't have to reply the court letter now. Do I need to do anything else?

[rebel11]

Find the number and phone the court just to check that it has been adjourned, postponement until Feb will not be possible.

 

 

 

How can I contact the court? The letter I got from TFL only have the court address. Shall I find the court contact number and call? Or have to be post? Can I discuss the court date directly to the court? Is it possible to request to postpone to next Feb?

[rebel11]

Let us know what they say. Get them to send you an email with the new date.

 

I tried to call the court but I was told that the court date was not changed. Did TFL lie to me in such case? I think I will confirm with TFL again.

[rebel11]

Hi sddxac

 

Go prepared as they guys have said.

 

Go to the hearing, but go prepaired just incase as suggested TFL negate to ask for an adjournment.

 

Explain what happened regarding the travel card usage - borrowed from friend. Explain that for the last 5 years you've always bought your own Oyster Card (take bank statements). Explain any mitigating circumstances, i.e. financial circumstances.

 

Explain to the Judge that you responded to TFL's letter, sent it Special Delivery.That the letter was received by TFL, print off the signature take that with you. TFL did not respond toyour letter. TFL did not respond to your follow up email's in July, print them off.

 

Say that you just received a summons recently. You contacted TFL by phone, they promised to contact you but never did. You sent a letter to the Managing Director, they began to communicate with you, although vaguely. Explain that this is 'unfair' treatment from TFL. They get it right in every other case.

 

Write all this down with dates.

 

Tfl has just replied that they will attend the court and request the date change and no need for me to attend.

 

Would it still be good for me to attend on the day to meet the prosecutor to have a talk?

[rebel11]

Where the OP has let himself down is that he received a letter from TFL in July, he didn't get a response to the letter he sent. They did not respond to his chase emails, what did he think would happen knowing he breached the byelaws.

 

He has only acted now since receiving the recent summons, that is a worry.

 

We should get an update today.

[rebel11]

What happened today?

 

It just means you should acted sooner.

 

sorry what does this mean?

[rebel11]

It provides background information, well worth taking with you, but you didn't have a valid ticket at the time. It helps to show it was an isolated incident.

 

I have thought Thursday was 29th but it was 30th tomorrow. So I will update what happens on court tomorrow.

 

I bought a monthly tkt on my oyster card later after the event, and I can find the past 1 year top up receipts. Would this help on my case if I have to stand on court? just say I was planning to top up later and monthly tkt would cover that day?

[rebel11]

Don't be pushy, just ask him 'if's possible to settle this matter out of court', don't go into any other stuff like, i.e. Visa application next Feb, that's irrelevant, that won't help you.

 

Thanks!If the prosecutor adjourned the trial,how should I discuss with him about settling out of the court?

[rebel11]

Did you ask him who your prosecution manager was? You need to find out who he is and I would suggest writing to him directly.

 

But good news it has been adjourned.

 

I met tfl prosecutor just now but he was not my prosecution mamager. He said i have to contact my prosecution manager directly to discuss about my case. He also confirmed my case will be adjourned for 2 weeks. Also I was asked to plead not guity here and he said this will not affect my discussion to settle it out of court. Shall I do this or not?

[rebel11]

If it's been adjourned then you can leave, just check with the court.

 

I know who he is and I have his email. Is email ok?

 

And can I leave now or still wait to stand befofe court and plead not guity?

[rebel11]

No.

 

Do i need to submit the plead not guity form?

[rebel11]

They should write to you.

 

Ok i will try to confirm with someone from court and leave. Will i know new date today or court will wrire to me?

[rebel11]

Write a draft of what you are going to send the Prosecution Manager, then post it up without personal details and ref numbers.

 

You did o.k., how did you get to speak to the Judge?

 

I have just left the court. The new date will be 13 Nov. The judge asked me to plead guity or not and i said i will attend in 2 weeks to confirm. I also said explanation of the situation on the day and pointed out thay TFL lost my initial written letter and irresponsable communication to me. Did I do anything wrong today?

 

I will need to contact my prosecution manager again. I did want to settle this earlier. How do you guys think I should do?