So last September I travelled without a ticket. The ticket kiosk was broken and there was no staff on the train other than driver. When me and my partner got off the train we were stopped by separate staff members. While explaining, the train driver got off the train to say the kiosk was broke so we couldn't get tickets. The person my partner was talking to let her buy a ticket and then carry on whereas I was given a penalty charge. After me and my partner told her what the driver said, this staff member simply said that they didn't hear, the other staff member also informed them the same thing but still I was given a penalty. I appealed it but was unsuccessful and am now being charged with a criminal offence. The thing is though that in the statement from the staff member, it says I made no attempt to buy a ticket and doesn't say anything about how I couldn't buy a ticket through no fault of my own. I'm worried about taking it to court because of the potential of a criminal record but I think this is ridiculous and I'm being charged based on essentially a lie through omission. What should I do?