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Fare evasion

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baj

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Hello, I got single justice procedure notice. I don't know what to do ? And how will it affect me as well as should I plea guilty or not guilty.

Please help me
As in this I tap in at giant hill by my mobile but at Stratford I was in hurry and used my oyster and it got rejected but I passed the gate with the guy who was infornt of me due to that officer thought I was passing without paying and I told her that she can check I taped at giant hill why I will not tap here and I also apologized that I should have waited for gate to be closed and pass. I have used wrong card to tap out than she explained me same and told we are not charging you and took my details i give her i thought she understood that it was a mistake but now I received a letters. I am also afraid because that same day I traveled back home without paying because of my mobile battery was dead. Also few times before only in December I have traveled without paying due to financial issues that time. Other than that I am paying regularly.

So, now I am afraid that if I plea not guilty I will be clear for 26th December but they check my past so, it can even get worse and if I plea guilty it will lead to a criminal case against me. Which will affect me in future
Please help me what can I do will be best for me and if guilty how will it affect me as international student overall as well as now.
Please help. Due to this I am not able to focus on anything.
 

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Bertie the bus

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There is a clear error on that SJPN as it says you travelled from Stratford to Stratford, but whether this matters or not is for others to comment on.

Basically, you aren't being charged with fare evasion. You are being charged with tailgating. You did that and therefore don't have much of a chance of being found not guilty if you enter a not guilty plea. You can be charged with tailgating even if you have a valid ticket, though it appears you didn't.
 

baj

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There is a clear error on that SJPN as it says you travelled from Stratford to Stratford, but whether this matters or not is for others to comment on.

Basically, you aren't being charged with fare evasion. You are being charged with tailgating. You did that and therefore don't have much of a chance of being found not guilty if you enter a not guilty plea. You can be charged with tailgating even if you have a valid ticket, though it appears you didn't.
What should I do now and how will this affect me as international student now and in future. Please if you know advice me
 

Haywain

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There is a clear error on that SJPN as it says you travelled from Stratford to Stratford, but whether this matters or not is for others to comment on.
My non-expert view is that it is of little consequence as it does not alter the facts of the alleged offence, which is failing to use the barrier in the correct manner. I would therefore expect that the OP would still be found guilty after pointing this out.
 

WesternLancer

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What should I do now and how will this affect me as international student now and in future. Please if you know advice me
You need to seek advice form your university / college / student union advice service or international student office at the university for advice on how this will affect you as an international student. They should be able to give you helpful advice as I suspect offences like ticket evasion, tailgating etc on London Transport will be things they have come across before when other students have done this.
 

ainsworth74

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My non-expert view is that it is of little consequence as it does not alter the facts of the alleged offence, which is failing to use the barrier in the correct manner. I would therefore expect that the OP would still be found guilty after pointing this out.
Or even if it did they'd just withdraw the prosecution and then re-issue it...
 

baj

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My non-expert view is that it is of little consequence as it does not alter the facts of the alleged offence, which is failing to use the barrier in the correct manner. I would therefore expect that the OP would still be found guilty after pointing this out.
How should I deal with it. As I don't want criminal case against me and if I plea guilty how will it affect me now and in future as international student.
 

Haywain

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As I don't want criminal case against me
I'm afraid this isn't your choice any more. TfL see prosecution as the appropriate action for fare dodging, with only very rare exceptions.
if I plea guilty how will it affect me now and in future as international student.
If you plead guilty you will get a lower fine. You'd need to talk to your educational establishment or students union about how it will affect you.
 

John R

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Also few times before only in December I have traveled without paying due to financial issues that time. Other than that I am paying regularly.
You do realise how this sounds? A bit like “I only shoplift now and again.” I’m afraid it makes your story about the time you were caught tailgating much less believable.

TfL rarely offer out of court settlements, so your best bet is to plead guilty and meanwhile hope that they don’t investigate deeper into your travel history or look for you tailgating previously on CCTV.
 

baj

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You need to seek advice form your university / college / student union advice service or international student office at the university for advice on how this will affect you as an international student. They should be able to give you helpful advice as I suspect offences like ticket evasion, tailgating etc on London Transport will be things they have come across before when other students have done this.
I asked my university regarding this but they can't give any advice. Please, if you or anyone know anything about it. That how will it affect me as a student than please tell me
 

baj

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I'm afraid this isn't your choice any more. TfL see prosecution as the appropriate action for fare dodging, with only very rare exceptions.

If you plead guilty you will get a lower fine. You'd need to talk to your educational establishment or students union about how it will affect you.
I accept that I have done wrong and I will plea guilty as what should I do to not make it more worse. And I don't know about all this how to deal with it and is very tough for me.
 

AlterEgo

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I accept that I have done wrong and I will plea guilty as what should I do to not make it more worse. And I don't know about all this how to deal with it and is very tough for me.
If you are going to plead guilty then do so - pretty much anything you say could make it worse. Even "I am struggling for money" is not really mitigation, because all it does it establish a motive for your actions.
 

WesternLancer

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I asked my university regarding this but they can't give any advice. Please, if you or anyone know anything about it. That how will it affect me as a student than please tell me
This seems strange - I would think they could give you advice on how it relates to any visa matters and your status as an International Student - which is the most important advice you probably need.

What exactly did you ask them about? If they could help you with the matter you were being charged about or if they could help you with any consequences for your student visa?

Your other option would be to ask if the Student Union or university have any agreement with local solicitors you could approach for help. Or you could select a firm of local solicitors if you want legal advice. Be clear about what it is that you want help with and ask them to give you an idea of what they would charge to help you.

But as stated above - you are being charged with 'tailgating' - which is probably at the lower end of the scale of offences you could find yourself being charged with. So it may be that your main concern will be the cost of the fine and associated sums the court will require you to pay.

In terms of not making it worse - it would be best not to tell them there have been times when you have travelled without paying (either deliberately or by accident) as you explain in your first post.
 
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ainsworth74

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Alternatively the Office of the Immigration Services Commission has an adviser finder to help people locate authorised immigration advisers.

Though I do find it odd that the University won't help at all, as your sponsor I'd assume they have at least some interest in the matter. Are you sure you explained it clearly to them what you were after? They don't think you're asking about help with the fare evasion itself rather than the impact on your visa?
 

WesternLancer

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This organisation may be able to advise you re impact on your student status of something like this if you are an international student. They seem to have a telephone advice line


ABOUT UKCISA​

The UK Council for International Student Affairs (UKCISA) is the UK's national advisory body serving the interests of international students and those who work with them.
If you need specific advice, you can contact our qualified student advisers on our student advice line.

Student advice line

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+44 20 7788 9214

Untitled%20%2850%20%C3%97%2050px%29%20%281%29.png
Monday to Friday (except for public holidays) from 13:00 to 16.00 (UK time).

You may be charged by your service provider. Please note that the student advice line is very busy. There is no queuing system, so if you hear an engaged tone, please hang up and redial.

We do not provide advice on social media or via email, as we are likely to need additional information from you. Additionally, UKCISA do not provide any form of financial support such as sponsorships, scholarships, or grants.
 

baj

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If you are going to plead guilty then do so - pretty much anything you say could make it worse. Even "I am struggling for money" is not really mitigation, because all it does it establish a motive for your actions.
I will plea guilty and should I go to court or not ? What are the advantages and disadvantage of not going to court. As I am thinking of not going to court and plea guilty online. I am afraid that it doesn't get worse.
 

Fawkes Cat

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I will plea guilty and should I go to court or not ? What are the advantages and disadvantage of not going to court. As I am thinking of not going to court and plea guilty online. I am afraid that it doesn't get worse.
You have accepted that you are guilty, and there don't seem to be any particular reasons why the court should do you a favour (formally - there don't seem to be any mitigating circumstances). So it's best to plead guilty online. There is something of a discount on the fine for pleading guilty as soon as you can (because that shows that you weren't trying to get out of taking responsibility for what you did) and pleading guilty online is the best way of getting that discount.
 

Puffing Devil

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I will plea guilty and should I go to court or not ? What are the advantages and disadvantage of not going to court. As I am thinking of not going to court and plea guilty online. I am afraid that it doesn't get worse.

If, as you say in your first post, you have a single justice procedure notice, there is no court hearing for you to attend. You complete the paperwork confirming a guilty plea and provide them with details of your income on the form that you should have received and return it all to the court using a tracked or signed for service [Tracked 48]. You only have 21 days to get your reply back to the court so don't delay!

The court hearing will take place in your absence, and you'll receive a notification of the outcome and the amount due. It looked like TFL will be asking for £250 costs. The minimum fine and surcharge would be £56, assuming your student income is at benefit levels (£120/wk) and the magistrate treats it as the most basic of offences. TFL has not asked for compensation, so expect to find £306 or more in total.
 

baj

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I plea guilty online and this is what I have written. also thank you for all the advice by all the advice I knew the complete situation as well as how to respond. Thank you very much

Is this correct ?

First and foremost, I want to express my deepest regret for this confusion caused by using wrong card to tap out as I was getting late and the mistake I made was I didn't wait for the gate to be closed and tried to tap out but it got rejected as I used my oyster card which was out of balance that time and in giant hill station I tapped in with my monzo card this confusion of card is because I use my both card in which ever the balance is available and that lead to confusion of using wrong card. I was explained by the officers at the same time that you have to wait for the gate to close and then tap out. I am very sorry for any inconvenience. I insure that it will be my 1st and last mistake I make and will be more careful. As I would like to reassure you that this was not to avoid paying. I had tapped my Monzo card at Gants Hill. If I didn't tap out it will charge me more as a penalty or for whole journey. As it was a mistake and not to dodge fare. I am really Sorry for any inconvenience caused by me. I want to emphasize that I will be more careful in the future. I want to assure you that I take this matter very seriously and am fully committed to clearing this situation.


I am keen to settle this matter without prosecution and resolve it in the most appropriate and fair manner. In light of this, I would like to offer my sincere commitment to pay the penalty and take full responsibility what I did.



It is also evident from these records that me walking and tapping out on 26th December failure to pay on was an inadvertent error and not a deliberate attempt to evade fares. i am sorry for any inconvenience.


Additionally, maintaining a clean record is crucial for my ongoing UK arrangements and my ability to fulfill my financial commitments.

As a bachelor student in university I have a long future and responsibility of my family as a eldest son in the family. I would like to request you to be in my favor as criminal case will be a big problem in my future that can affect me now as well a in future in many ways and there will be nothing to look forward in future.


As a student, I am pursuing a promising career and have achieved the significant milestone. A criminal record resulting from this incident would not only hinder my career prospects in the UK but also impede any future endeavors, particularly those in the United States and Canada.


I would like to take this opportunity to express my utmost respect and appreciation for the work done by TfL in providing excellent transportation services to millions of Londoners every day. I genuinely value the crucial role TfL plays in keeping the city connected and functioning smoothly.

Considering the circumstances outlined above, I kindly request your understanding and ask that you give serious consideration to resolving this matter through out-of-court disposal.


I am fully willing to accept any

reasonable penalty or warning as deemed appropriate.


Thank you for taking the time to review my response I sincerely hope that, based on the information provided, we can reach a fair and appropriate resolution that aligns with TfL's policies and guidelines."


Yours Faithfully,
 

AlbertBeale

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I plea guilty online and this is what I have written. also thank you for all the advice by all the advice I knew the complete situation as well as how to respond. Thank you very much

Is this correct ?

First and foremost, I want to express my deepest regret for this confusion caused by using wrong card to tap out as I was getting late and the mistake I made was I didn't wait for the gate to be closed and tried to tap out but it got rejected as I used my oyster card which was out of balance that time and in giant hill station I tapped in with my monzo card this confusion of card is because I use my both card in which ever the balance is available and that lead to confusion of using wrong card. I was explained by the officers at the same time that you have to wait for the gate to close and then tap out. I am very sorry for any inconvenience. I insure that it will be my 1st and last mistake I make and will be more careful. As I would like to reassure you that this was not to avoid paying. I had tapped my Monzo card at Gants Hill. If I didn't tap out it will charge me more as a penalty or for whole journey. As it was a mistake and not to dodge fare. I am really Sorry for any inconvenience caused by me. I want to emphasize that I will be more careful in the future. I want to assure you that I take this matter very seriously and am fully committed to clearing this situation.


I am keen to settle this matter without prosecution and resolve it in the most appropriate and fair manner. In light of this, I would like to offer my sincere commitment to pay the penalty and take full responsibility what I did.



It is also evident from these records that me walking and tapping out on 26th December failure to pay on was an inadvertent error and not a deliberate attempt to evade fares. i am sorry for any inconvenience.


Additionally, maintaining a clean record is crucial for my ongoing UK arrangements and my ability to fulfill my financial commitments.

As a bachelor student in university I have a long future and responsibility of my family as a eldest son in the family. I would like to request you to be in my favor as criminal case will be a big problem in my future that can affect me now as well a in future in many ways and there will be nothing to look forward in future.


As a student, I am pursuing a promising career and have achieved the significant milestone. A criminal record resulting from this incident would not only hinder my career prospects in the UK but also impede any future endeavors, particularly those in the United States and Canada.


I would like to take this opportunity to express my utmost respect and appreciation for the work done by TfL in providing excellent transportation services to millions of Londoners every day. I genuinely value the crucial role TfL plays in keeping the city connected and functioning smoothly.

Considering the circumstances outlined above, I kindly request your understanding and ask that you give serious consideration to resolving this matter through out-of-court disposal.


I am fully willing to accept any

reasonable penalty or warning as deemed appropriate.


Thank you for taking the time to review my response I sincerely hope that, based on the information provided, we can reach a fair and appropriate resolution that aligns with TfL's policies and guidelines."


Yours Faithfully,

Firstly - it's hard to understand what you're saying, since it's not in clear English; it has long unpunctuated sentences, and it has spelling mistakes (even the name of the station where you started your journey!). Can you not get someone who can read and write decent English to help you?

Second, you seem to have copied things from suggestions on other threads which are not relevant to your case. For instance, you say "I am keen to settle this matter without prosecution and resolve it ..." - but it's too late! You are being prosecuted, and you're actually pleading guilty, so this makes no sense at all. Either you're copying some of the text blindly (but presumably, if you're a student, you can think it through?!), or it's some nonsensical machine-written text? Similarly, you talk of being willing to accept a penalty or warning - again, you're too late for anything of that sort - your case is going to court! (And anyway, your willingness to accept something isn't relevant - it's the railway who decide what deal to offer you - if any - as an alternative to prosecution.)

Your letter says you want to avoid a criminal record - but you intend to plead guilty! By definition that means you will have a conviction and a criminal record; so this point is just nonsense.

You also talk about making a mistake and using the wrong card - but you ended up using neither (because you didn't use the one you started your journey with and the other one had no credit on it). Presumably, when you went through the barrier behind someone else, you knew you hadn't tapped out. It wasn't exactly a mistake.

The general tone of your letter is a lengthy sob story which they'll have heard before (and probably won't even read) - if you wanted to try this you needed to try it with London Transport before they went down the prosecution route (though it might not have made much difference).

Since you're pleading guilty, it's largely irrelevant what you say; the scale of fines is set down - if you have a low income, then that will mean a lower fine. But at this stage there's not much you can do.

If you really wanted to avoid a conviction, you would have to plead not guilty and try to persuade the court that, having tapped in, there was no advantage in not tapping out, since that would cost you more, and so TfL have lost no money; hence the offence is highly technical and shouldn't be prosecuted. (And in that case, you really needed to argue this with TfL at an earlier stage.) The fact that you tailgated, whether or not it saved you any money, is the offence. This might seem unreasonable, but that's the situation.

I presume you must have had some correspondence from TfL prior to this prosecution? If so, you needed to try to respond to that, pointing out that by tapping in but not out you'd actually overpaid, and asking them not to prosecute for the technical offence of tailgating. Did you respond to them? Though if you did, and what you wrote was as confused and hard to understand as your draft letter here, then I'm sorry, but I'm not suprisied that they went ahead and prosecuted. If you ignored any previous correspondence then (even though you might not have changed what's happened anyway), a court case is the inevitable outcome.
 

randyrippley

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...............Please help me what can I do will be best for me and if guilty how will it affect me as international student overall as well as now.
Please help. Due to this I am not able to focus on anything.
Just something that should have been pointed out and hasn't been so far: no-one on this forum is legally allowed to comment or advise on how a prosecution would affect your immigration or visa status. That support can ONLY be offered by authorised specialist immigration lawyers.
 

WesternLancer

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Just something that should have been pointed out and hasn't been so far: no-one on this forum is legally allowed to comment or advise on how a prosecution would affect your immigration or visa status. That support can ONLY be offered by authorised specialist immigration lawyers.
If the Op is a student it is highly likely that the international student office staff at their college or university would be able to tell them how any prosecution for a transport offence like this would affect their student visa status. That would be a good place to make an initial enquiry for that matter.

If after that they then needed to refer the matter on to a specialist lawyer, they would likely have a list of the relevant ones in the local area that the OP could contact.
 
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