Haywain
Veteran Member
- Joined
- 3 Feb 2013
- Messages
- 15,264
Except that RoRA will not apply to bus travel, which is what this case* refers to.
*If it is real.
Last edited:
-
Our booking engine at tickets.railforums.co.uk (powered by TrainSplit) helps support the running of the forum with every ticket purchase! Find out more and ask any questions/give us feedback in this thread!
Help!! Caught with FAKE TRAVELCARD in 2005..2020 summoned to court
- Thread starter Dan20201
- Start date
- Status
*If it is real.
Sponsor Post - registered members do not see these adverts; click here to register, or click here to log in
R
RailUK Forums
Is the relevant clause summary or either way?
I don't think that the OP specified. All he said was that TfL were prosecuting.
Haywain
Veteran Member
- Joined
- 3 Feb 2013
- Messages
- 15,264
I thought it had been mentioned in an earlier post by the OP, maybe it was edited out.
Hi Guys, I didn’t receive any notifications that there were replies 
the casewas With TfL and is now with the courts.
the only information given is they are prosecuting on two terms
1. using a false instrument
2. Obtaining services and using false instrument
I also found that the address the court had was for 68a where I lived at 62a so this explains why I received any information all this time, but in any case, I have had crb checks and even had been stopped once by an officer and gave my details and this never flagged up. It’s all quite bizarre.
i have spoken with a solicitor and they suggest this would be abuse of proccess. He also was sceptical that TfL would have evidence dating back that far. He also said that he would like to call witnesses to reinforce the prosecutors claims, but this he said wouldn’t be possible. Or it’s unlikely.
how long is TfL allowed to hold my information for? I imagine for this thing there isn’t a time limit but it would be interesting to know.
a little bit ofinformation - I will not have to attend court on the 27th December. Apparently this is a session to decide what happens next but I think in the mean time my solicitor is going to do some fact checking and see where things stand and if it’s possible to have this closEd considering the time elapsed. What do you think?
the casewas With TfL and is now with the courts.
the only information given is they are prosecuting on two terms
1. using a false instrument
2. Obtaining services and using false instrument
I also found that the address the court had was for 68a where I lived at 62a so this explains why I received any information all this time, but in any case, I have had crb checks and even had been stopped once by an officer and gave my details and this never flagged up. It’s all quite bizarre.
i have spoken with a solicitor and they suggest this would be abuse of proccess. He also was sceptical that TfL would have evidence dating back that far. He also said that he would like to call witnesses to reinforce the prosecutors claims, but this he said wouldn’t be possible. Or it’s unlikely.
how long is TfL allowed to hold my information for? I imagine for this thing there isn’t a time limit but it would be interesting to know.
a little bit ofinformation - I will not have to attend court on the 27th December. Apparently this is a session to decide what happens next but I think in the mean time my solicitor is going to do some fact checking and see where things stand and if it’s possible to have this closEd considering the time elapsed. What do you think?
Hi Guys, I didn’t receive any notifications that there were replies
the casewas With TfL and is now with the courts.
the only information given is they are prosecuting on two terms
1. using a false instrument
2. Obtaining services and using false instrument
I also found that the address the court had was for 68a where I lived at 62a so this explains why I received any information all this time, but in any case, I have had crb checks and even had been stopped once by an officer and gave my details and this never flagged up. It’s all quite bizarre.
i have spoken with a solicitor and they suggest this would be abuse of proccess. He also was sceptical that TfL would have evidence dating back that far. He also said that he would like to call witnesses to reinforce the prosecutors claims, but this he said wouldn’t be possible. Or it’s unlikely.
how long is TfL allowed to hold my information for? I imagine for this thing there isn’t a time limit but it would be interesting to know.
a little bit ofinformation - I will not have to attend court on the 27th December. Apparently this is a session to decide what happens next but I think in the mean time my solicitor is going to do some fact checking and see where things stand and if it’s possible to have this closEd considering the time elapsed. What do you think?
Thanks for the update. (You can actually set it up so as to receive email notifications of new posts on this thread.)
Does the information from TfL indicate which law you were allegedly contravening? Also. have they provided any details of the alleged offence, without which it is difficult for you to mount any sort of defence.
221129
Established Member
Sounds like the Forgery and Counterfeiting act 1981.
thenorthern
Established Member
- Joined
- 27 May 2013
- Messages
- 4,119
There is no statute of limitations under English Law for most offences.
Sort of true, but not the whole picture.
Most more minor offences are summary-only, and those have a six month time limit. If charges haven't been laid by that point, it becomes time-barred and cannot be prosecuted.
There are a few summary only offences were a longer time limit is specifically allowed in the legislation, but those are relatively few.
Are the offences alleged summary-only though?
If it's the counterfeiting one, no.
However, the time elapsed between the offence allegedly being identified and when it was pursued could well see it thrown out as an abuse of process, as the OP's solicitor seems to think.
Mcr Warrior
Veteran Member
- Joined
- 8 Jan 2009
- Messages
- 11,871
Have prosecution departments been "scraping the barrel", so to speak, by trawling through their old files, to see what they can unearth? (Due to the railway having been relatively quiet during the Spring/Summer due to COVID-19?)
You said your solicitor is going to argue an abuse of process, I think this is certainly the way to go. I’d want to know what steps the prosecutor has taken to progress this case over the past 15 years. Article 6 of the Human Rights Act states that “everyone is entitled to a fair and public hearing within a reasonable time”.
Hi all,
May solicitor responded
“The court got back to me today and informed me that it is not an active case against you. I have corresponded with TFL as well and they have no record of the matter. So at this time there is nothing we can do. If the matter does however become active let us know and we will assist you from there.”
very odd seeing as the court said there is a court date 27th December 2020. I’m not really sure what to think but that they may decide on this date that they may press charges?
May solicitor responded
“The court got back to me today and informed me that it is not an active case against you. I have corresponded with TFL as well and they have no record of the matter. So at this time there is nothing we can do. If the matter does however become active let us know and we will assist you from there.”
very odd seeing as the court said there is a court date 27th December 2020. I’m not really sure what to think but that they may decide on this date that they may press charges?
Haywain
Veteran Member
- Joined
- 3 Feb 2013
- Messages
- 15,264
A court date of 27th December 2020 - a Sunday preceding a public holiday - seems highly unlikely. Are you sure about this?
WesternLancer
Established Member
- Joined
- 12 Apr 2019
- Messages
- 7,197
Hard to know what to think - do all the names and addresses tally up with you / your previous addresses? Is there some admin error somewhere along the line?
Busaholic
Veteran Member
- Joined
- 7 Jun 2014
- Messages
- 14,096
Having just come across this thread, and reading all the replies, I quickly came to the conclusion that the date of court hearing would be next 1st April, in which case more fool me for having spent ten minutes of my life I won't get back again. If I'm wrong, I'll eat my tinfoil hat in penitence.
So how has this arisen now, if the Court say there is no active case and TfL have no records of it? Is a friend winding you up?
philthetube
Established Member
- Joined
- 5 Jan 2016
- Messages
- 3,762
Makes me wonder if an offer of a settlement may arrive with a request for payment to a dodgy address.
someone may have looked through old records and fancied their chances.
someone may have looked through old records and fancied their chances.
E100
Member
- Joined
- 29 Apr 2018
- Messages
- 149
My thoughts too. Even more so now, as TFL has stated that the case is not active to your solicitor. Maybe some poor shredding?
How was this information given? By post? Could you post a redacted copy of the letter?
I called the courts today to confirm what my solicitor said and they said that there (is) a listing for this case. And due to COVID courts are are actually active on sundays.
to answer a few above. No, this isn’t made up unfortunately. The lady at the courts said the hearing on 27th is virtual and the next day I should call to see what’s next.
my best bet is that this hearing is to decide if they want to proceed or not.
to answer a few above. No, this isn’t made up unfortunately. The lady at the courts said the hearing on 27th is virtual and the next day I should call to see what’s next.
my best bet is that this hearing is to decide if they want to proceed or not.
Fawkes Cat
Established Member
- Joined
- 8 May 2017
- Messages
- 3,000
I'm struggling to reconcile the above posts, in that the court (who you would expect to be reliable) seem to be saying the opposite of what your solicitor (who you would also expect to be reliable) has said. Have you been back in touch with your solicitor to explore how this discrepancy has arisen?
We naturally assume good faith on the part of people who post here for advice and so must assume that this is a real discrepancy: that being the case it would be useful for us to know how this discrepancy has come about. When you contacted the court did you use contact details from the correspondence they had sent you, or an independent source? https://www.gov.uk/find-court-tribunal is comprehensive for England and Wales, and links to the equivalent websites for Scotland and Northern Ireland. I'm asking this as one approach that scammers use is to get people to contact them (the scammers) rather than the real organisation (in this case, the court) - although as in a case which we saw a few days ago, the purported scammers seem to have been remarkably elaborate here.
Did you call a number on the correspondance you had been sent, or did you call one you had looked up seperately?
Could be, there was something on tv about opening up ten Nightingale magistrates courts in hotels and theatres because they are that seriously backed up.
If this thing is a scam, they are making heavy weather of it.
They are.
That is true, but I also find it odd that courts will be sitting on the Sunday between Xmas and New Year's Day.
- Status