Londontravels
Member
Hello
I'm new to the forum and hoping for some guidance on a Single Justice Procedure notice I've been issued by TfL for fare evasion. The incident happened in late 2018, but due to correspondence being sent to the wrong address for over a year and COVID-19 I have only just received the documentation now. I am applying for Statutory Declaration and have received the paperwork for this at the same time as the charge documentation.
I was travelling on TfL in zones 1-2. I tapped in at the barriers at my starting point and hadn't realised that I had accidentally used a relative's freedom pass instead of my own (the passholder is the same shape, size and feel and I wasn't looking, just fished into my bag and tapped in automatically). I was carrying their freedom pass because I was their carer and would often carry their pass to present on their behalf as they were not able to do so themselves. I was travelling alone on this occasion but stupidly had not taken the pass out of my bag, hence the mistake was made. I had my own Oyster card with me which had sufficient funds for my intended journey.
I was walking towards the stairs to the platform when a man called out to me to stop and see my pass. He was one of a group of 4-5 men standing along the wall, wearing plain clothes. I did not know who they were so carried on walking. At that point they all started heading towards me, and one of them called to the BTP officer who was standing a short distance away and said 'the police will sort you out'. For reference, I am female and of slim build, and not being aggressive in any way. I was obviously scared by this intimidating language and by a group of men moving towards me and I stopped. One of the men came further and identified himself as a revenue inspector and asked to see my pass. I presented my pass and he said that wasn't the pass used. It was then I realised what I had done and showed him the other pass. I tried to tell him it was a mistake. I was extremely nervous and panicking because of the language and behaviour used earlier, and also because I had made this mistake.
I told him 2-3 times it was a mistake and that it's the first time this has happened, but he kept saying 'tell me the truth', and 'it's OK, just tell me'. I thought he's not going to listen to me and told him it was a relative's pass and they didn't know I had it today. I did not get to explain how I came to have the pass, which I should have insisted on but I was nervous and flustered and didn't want my relative to get in trouble.
He then asked me more questions and I don't remember exactly how I answered, but I was under pressure, scared, nervous given the behaviour and language used earlier, and cannot stand by the answers as presented in the witness statement I have just received. I believe my answers were taken out of context and words put into my mouth. For example, the statement says 'do you agree you should not use this pass to travel?' to which I answered 'yes' - but because it had been pointed out to me, not because it was deliberate! I signed the statement at the time because I felt I had to and if I didn't there would be more trouble, but on reading the witness statement I am shocked at the omissions and inaccuracies, and how my words have been taken out of context. This is the first time I have been able to read the statement calmly and throughly - I could barely concentrate at the time - and the statement does not mention that I explicitly stated this was a mistake, and it was the first time it had happened. Nor does it correctly cover how I was approached by the inspectors and the use of threatening language and body language in his presence, which made me scared throughout our interview and willing to agree almost anything he said to avoid further trouble.
According to the TfL enforcement policy I should have been issued a verification statement to confirm the facts and explain my circumstances. I have not been sent that, instead I have been issued a SJP notice with a charge sheet. I do not know how to proceed from here: I understand TfL have a policy of strict liability, I made a stupid mistake, and am expecting a penalty fine. But if I plead guilty then do I have the opportunity to present the facts? The options are to plead guilty under the SJP which means no formal court hearing; plead guilty in court; plead not guilty. I don't know which one to select to indicate that the information presented is not correct and I need to amend it. In fact, I would like the court to know that the signed witness statement cannot be relied on as it does not reliably capture what happened and the circumstances in which the interview took place.
What I really need is the verification statement so I can present the facts, can I demand this from TfL and say due process has not been followed?
The outcome I want is a penalty (not ideal but I'm expecting one) but no criminal conviction. I have no prior convictions and this is a first-time offence. Should I contact the magistrates number or TfL and explain and ask for further guidance?
Advice gratefully received.
I'm new to the forum and hoping for some guidance on a Single Justice Procedure notice I've been issued by TfL for fare evasion. The incident happened in late 2018, but due to correspondence being sent to the wrong address for over a year and COVID-19 I have only just received the documentation now. I am applying for Statutory Declaration and have received the paperwork for this at the same time as the charge documentation.
I was travelling on TfL in zones 1-2. I tapped in at the barriers at my starting point and hadn't realised that I had accidentally used a relative's freedom pass instead of my own (the passholder is the same shape, size and feel and I wasn't looking, just fished into my bag and tapped in automatically). I was carrying their freedom pass because I was their carer and would often carry their pass to present on their behalf as they were not able to do so themselves. I was travelling alone on this occasion but stupidly had not taken the pass out of my bag, hence the mistake was made. I had my own Oyster card with me which had sufficient funds for my intended journey.
I was walking towards the stairs to the platform when a man called out to me to stop and see my pass. He was one of a group of 4-5 men standing along the wall, wearing plain clothes. I did not know who they were so carried on walking. At that point they all started heading towards me, and one of them called to the BTP officer who was standing a short distance away and said 'the police will sort you out'. For reference, I am female and of slim build, and not being aggressive in any way. I was obviously scared by this intimidating language and by a group of men moving towards me and I stopped. One of the men came further and identified himself as a revenue inspector and asked to see my pass. I presented my pass and he said that wasn't the pass used. It was then I realised what I had done and showed him the other pass. I tried to tell him it was a mistake. I was extremely nervous and panicking because of the language and behaviour used earlier, and also because I had made this mistake.
I told him 2-3 times it was a mistake and that it's the first time this has happened, but he kept saying 'tell me the truth', and 'it's OK, just tell me'. I thought he's not going to listen to me and told him it was a relative's pass and they didn't know I had it today. I did not get to explain how I came to have the pass, which I should have insisted on but I was nervous and flustered and didn't want my relative to get in trouble.
He then asked me more questions and I don't remember exactly how I answered, but I was under pressure, scared, nervous given the behaviour and language used earlier, and cannot stand by the answers as presented in the witness statement I have just received. I believe my answers were taken out of context and words put into my mouth. For example, the statement says 'do you agree you should not use this pass to travel?' to which I answered 'yes' - but because it had been pointed out to me, not because it was deliberate! I signed the statement at the time because I felt I had to and if I didn't there would be more trouble, but on reading the witness statement I am shocked at the omissions and inaccuracies, and how my words have been taken out of context. This is the first time I have been able to read the statement calmly and throughly - I could barely concentrate at the time - and the statement does not mention that I explicitly stated this was a mistake, and it was the first time it had happened. Nor does it correctly cover how I was approached by the inspectors and the use of threatening language and body language in his presence, which made me scared throughout our interview and willing to agree almost anything he said to avoid further trouble.
According to the TfL enforcement policy I should have been issued a verification statement to confirm the facts and explain my circumstances. I have not been sent that, instead I have been issued a SJP notice with a charge sheet. I do not know how to proceed from here: I understand TfL have a policy of strict liability, I made a stupid mistake, and am expecting a penalty fine. But if I plead guilty then do I have the opportunity to present the facts? The options are to plead guilty under the SJP which means no formal court hearing; plead guilty in court; plead not guilty. I don't know which one to select to indicate that the information presented is not correct and I need to amend it. In fact, I would like the court to know that the signed witness statement cannot be relied on as it does not reliably capture what happened and the circumstances in which the interview took place.
What I really need is the verification statement so I can present the facts, can I demand this from TfL and say due process has not been followed?
The outcome I want is a penalty (not ideal but I'm expecting one) but no criminal conviction. I have no prior convictions and this is a first-time offence. Should I contact the magistrates number or TfL and explain and ask for further guidance?
Advice gratefully received.