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Settling case out of court (fare evasion)

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vdishy

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12 Jun 2014
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Hi Thank you for taking the time to read and reply to this,

I have a court date on the 3rd July regarding fare evasion and I'm looking to settle out of court because I am a graduate aeronautical engineer and any criminal convictions would severely effect my employability within the aerospace and military sector.

I have previously had a clean criminal record prior to this incident and this is the first and hopefully last time I have been involved with a court case or criminal prosecution. I would really appreciate if anyone could give me advice in the process i.e. who to contact and a general gist of what to write to them.

A little about the incident, it occurred at oxford circus on 5th Sept 2013 traveling to barking however the inspector put on the report and is stated on the case, traveling to Piccadilly circus. The avoiding ticket value was stated as £4.10. I was travelling back home from a job interview (my current job) when at the barriers at oxford station I was stopped by a ticket inspector asking to scan my oyster card which I handed over to him and at that point I realised that I had used the wrong card absent mindedly as I was very happy that I successfully interviewed for the job and got it, I tapped in using my mother's freedom pass accidentally (I'll provide info bellow for why I was in possession of her pass). I did not use it on the way to the interview from my local station to oxford circus because I used my own oyster (travel history would indicate so). I did acknowledge that I did tap in with it but it was not intentionally and I did provide the inspector with my detail with the help of I.D. which was correct at the time however I did feel very intimidated at the time as this was the first time this kind of thing has ever happened to me. He confiscated my mother freedom pass and I offered to pay any fine or fare (my oyster card top up) but I was told that I was cautioned as this was my first time and that if I was to get fined that I would "get it in the post".

I didn't get any post as I recently just came back from travelling abroad for a year and I provided the inspector with my current address at the time however I moved out since. I received a letter from LCCC at my parents house explaining that I owe money that was a court fine but didn't explain anything about the court case. However after digging around and phoning several places, I found out that the case has gone to court with out me present and that I have been convicted of fare evasion. After speaking to them to tell them that I wasn't aware of the case and I didn't get a summons, they told me to make a 'statutory declaration' to say I was not aware of it. I made the declaration last week at Westminister magistrates court and they set another court date on 3rd July. I have no other paperwork aside from a copy of the declaration and the letter from LCCC indicating that I owe money for a court fine, I dont have anything from TFL or Lavinder Hill Magistrates court where the case was held.

I personally have never used my mother's pass before or since the incident and to my knowledge only my mother to whom it belongs to has ever used it. I have always topped up or had monthly passes which I have bought since starting using oyster card. I used my oyster top up on the way to the interview into oxford station but on the way home from the interview I accidentally used it at oxford circus underground station. Both of the passes have the same covers, I have the standard black Osyter card holder and after some wear and tear my mother replaced her orange one with one that she got from a train station which is the same type. She has had that card for 6 or more years, I can find out exactly if that helps.

The reason why I had it in my possession was, it was left on the coffee table in the living room where I was preparing for my interview, I had my notes, phone, wallet and keys etc on it too and as I realized I might be getting late for the interview I just grabbed everything off the table as I rushed out of the house thinking that it was mine and forgetting that I left my osyter card in my coat pocket from the previous day where I used it to get to the job center, I just assumed it was mine. I realised it wasnt mine as I got to the bus stop that I had another one in my pocket which was actually mine and that is when I used my card for the entire journey, two busses and two trains to the job interview.

I fully acknowledge that I used it, but I used it by mistake and I fully regret making that mistake as it will have an impact on my employment. I would like to resolve this out of court as I have no prior convictions and this is the first time anything like this has happen to me. I also really want to settle this out of court as its effecting my sleep and general well being. Any advice regarding settling out of court process (who to contact and what to say) is very much appreciated and I hope have provided enough information and if not, please do ask.

Thank you.
 
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vdishy

Member
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12 Jun 2014
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6
But what precisely is the alleged offence?

On the letter it had no detail on the offence, however when I appeared at court for the statutory declaration I had a glance at the court notes but stupid enough not to write down the offence, it was something to do with the railway act and fare evasion. I hope this helps

Thanks
 

DaveNewcastle

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You must find out exactly what the alledged Offence is, what Evidence the Prosecution has to support their claim, and exactly who is making the Prosecution against you (e.g. Transport for London, the British Transport Police, another railway, bus or tram Company).

From the information you have provided, I believe that you are going to struggle to manage this prosecution by yourself, and that you should urgently instruct a solicitor to to act for you. A local law firm which deals in general Criminal Defence work will have someone who canhelp, and their costs will be a few hundred pounds - not a lot in contrast to your self-assessment of the impact on your future earning potential.

If you are to attempt to avoid a prosecution on a second attempt without legal representation, then you have a lot to learn in a short period. For example, the details about the job interview and the coffee table are of no significance in relation to any of the likely offences that you are being charged with - they relate to the Conditions of use of the transport network and the Oyster card, and you appear to have been detected in breach of those conditions with Evidence to confirm your breach.
 

vdishy

Member
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12 Jun 2014
Messages
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Thank you DaveNewcastle for the reply,

I will seek a solicitor to act on my behalf, does anyone know of a suggestion for solicitor that specialises in cases like this? I also need to find out the details, what would be the best way to go about doing this, contact the magistrates court and ask for the case details?

My intention was to try to settle this out of court as this is my first offence and wanted to see if I could write to the prosecution department explaining what happen as I explained above and ask for some leniency and offer to pay the fare (again) and any administration costs but I guess that is not advisable and I should go to court with legal representation.

Thanks
 

furlong

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I also need to find out the details, what would be the best way to go about doing this, contact the magistrates court and ask for the case details?

You have already been in contact with them I presume, so yes, go back and get as much information as you can from there.

I should go to court with legal representation.

Almost: Employing a solicitor to negotiate on your behalf ought to improve any chance (if that chance still exists) of reaching a settlement in advance of the court hearing too.
 

DaveNewcastle

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I will seek a solicitor to act on my behalf, does anyone know of a suggestion for solicitor that specialises in cases like this?
Yes, but there is no need for any specialisation - as I've already advised, just look for a local law firm that specialises in Criminal Defence work (e.g. alledged Theft, Damage to property, unpaid fines and other debts) and there will be enough expertise there. Railway Law is a complex area, but none of that complexity appears to be relevant to your incident. Conversely, persons being prosecuted in their absence and making a Statutory Declaration which leads to a re-trial is common. Without wanting to make social generalisations, areas in which poorer families live often have more law firms with innexpensive Criminal Defence solicitors.

I also need to find out the details, what would be the best way to go about doing this, contact the magistrates court and ask for the case details?
I'm a little surprised that you managed to complete a Statutory Declaration about a previous prosecution without knowing what Offence that Prosecution was for, but I know it's possible. Your solicitor will request that information for you and will prepare your response appropriately.
 
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vdishy

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12 Jun 2014
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6
Thank you for the replys,

I found it increasingly difficult to find out the details of the case from Lavender hill magistrates court and LCCC, with them stating that they couldn't give me any further information until I make a statutory declaration.

Just a little update, London underground have sent me a copy of the original court summons as well as a witness statement (there are some things on that that are incorrect) from the revenue control inspector at the time to refresh my memory of the incident.

I'm being charged with "attempting to travel on the railway without having previously paid the fare and with intent to avoid payment thereof contrary to s.5(3)(a) of the regulation of Railways Act 1889 as amended by Section 84 (2) of the transport Act 1962 and Section 18 of the British Railways Act 1970"

And I am being prosecuted by London Underground, I also have a address and the name of the prosecutions manager.
 

DaveNewcastle

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Ah, now I can see what you're up against. Thanks.

It's my experience that that Company has no appetite for offers to make Out of Court settlements, especially where they already have a Witness Statement and Summons issued (and in your case, moreso as the hearing has been and gone once already).

All the more reason for you to take these details to a local law firm a.s.a.p.
Don't hold out too much hope based on minor errors in the Witness Statement - particularly if they have no real bearing on the crucial matter of the Regulation of Railways Act charge i.e. :
"5. Penalty for avoiding payment of fare
(3)If any person—
(a)Travels or attempts to travel on a railway without having previously paid his fare, and with intent to avoid payment thereof; . . .
he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale"
where 'intent' is displayed by a passenger's actions and is not an assessment of their thoughts.
 
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vdishy

Member
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12 Jun 2014
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Thanks Davenewcastle,

Even though it seems unlikely, I'll give it a go since I have nothing to lose at this point if you are correct. I will update this as soon as I hear back even though the outcome seems obvious.

There were several errors on the statement i.e. the country I was born in and a few other details but the main one was he wrote on the statement that I had used it several times which wasnt the case. I have no idea where he got this impression from, I am pretty sure that I made my situation very clear even though he was very intimidating for me, I have no idea how he made these mistakes. But obviously none of this matters as you said, I thought I'd clear it up.

Thanks
 
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