How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64652
Experience:  Over 5 years in practice.
12826847
Type Your UK Traffic Law Question Here...
Jo C. is online now
A new question is answered every 9 seconds

Hi there, Please help me, I received a letter from TFL saying

Customer Question

Hi there,

Please help me, I received a letter from TFL saying I have been summoned to court on 24th July 2013.

I had a train travel card zone 23456 pass and was caught by a ticket inspector for travel through zone 1 on 11th March 2013, I was forgot to tap the other Oyster card when travel to zone 1 on that day. Overall is my fault but the inspector insisting I was lying and don't listen to my story so no other alternative but gave me this problem. If you can help me how to avoid this please is appreciated.

I need your help please, don't want to get criminal record as I've a new job and planning to get married and thinking to get a mortgage for a small flat but so worry that I won't get it now now.

Thanks in advance..
Miki
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this?

Jo
Customer: replied 1 year ago.
Many thanks for looking into to this on the weekend.. Much appreciated.

I did offering in writing to settle out of court but nothing happen until now.

Any I did by mistake so that is why.. I had travel card zone 23456 on that day and my Oyster card with credit but forgot to tap in zone1.

Is Hammersmith Magistrates Court

Need to know if I please guilty on the form they sent to me will I get criminal record as I'm worry for my job, getting married and getting a mortgage, etc..

Cheer
Expert:  Jo C. replied 1 year ago.
Thanks.

Its a shame that they didn't accept the out of court settlement. They can do that when it suits them. Its also a shame they didn't offer you the fixed penalty.

However, they have not and we have to deal in reality.

Unfortunately, this will be a prosecution under the railway bye laws. That will lead to a criminal conviction if convicted. Its fair to say that its not a very serious criminal conviction but a criminal conviction nonetheless.

You will only be fined.

It wont have an impact upon marriage or a mortgage. You might have to declare it but fare evasion isn't going to be adverse to your application.

In terms of your employment, this is a criminal conviction and you will have to declare it if asked. You will be fined so probably it will be spent after a year but that doesn't mean you don't have to declare it. It depends on the level of checking that you face.

That said, a single conviction for an offence under the railway bye laws is not the worst criminal history.

Can I help further?
Jo
Customer: replied 1 year ago.
Hi again,

So no way out to avoid with your name register on criminal record on the system? But for how long if you can help me on this please.

And for your opinion is that mean I've to please guilty on the form and send back to them and wait to get a fine? With criminal record?

If you can advice me how to deal with this will be a great bonus as right now I really feeling stress and don't know what to do.

Thanks
Expert:  Jo C. replied 1 year ago.
Not unless they are prepared to drop the case or settle another way which is unlikely if they have summonsed.

You will have a criminal record for life. If you are fined then it will be spent after one year under the new rules but that will only mean it will not show on basic CRB checking.

In terms of how to deal with it, at this stage there isn't a great deal that can be done. You did the right thing by making offers and its a shame they wouldn't accept them. You can always go to court and make those offers again. However, if they refuse you can only plead either guilty or not guilty and you don't have a defence on the facts that you present here.

If they have charged you with fare evasion then that would be different because they have to prove dishonesty and you seem to be saying it was an honest mistake. Unfortunately, under the railway bye law that matters not.

It might be worth making representations to them at court on that point.

Customer: replied 1 year ago.
Thanks for the reply.. Sorry as I'm so worry and very concerning of my career and other stuff.

The below is my registration!

Contrary to s.5 (3) (b) 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

What it is mean!

And you mentioned .. You will be fined so probably it will be spent after a year but that doesn't mean you don't have to declare it... Could you specific on that please! Meaning I don't go to prison or spend time for community service?

Please please your help will keep me calm a little in term of carry on with my job and planing for marriage and mortgage... And travelling?

Thanks again
Expert:  Jo C. replied 1 year ago.
Yes, its a railway bye law offence.

If this is S5[3] then you could plead not guilty on the basis that you didn't intend to avoid paying. You will find the law here

http://www.legislation.gov.uk/ukpga/Vict/52-53/57/section/5

Obviously it depends on the facts of the case as to whether you would win but you seem to be saying that it was an honest mistake.

You won't go to prison or get community service. It is punishable by a fine only.

I'm not sure what you are asking about your job etc? Can you ask a specific question?
Customer: replied 1 year ago.
So sorry a bit tress out so no sure why I ask about job ect...

I mean if I've convicted will my employe know? And if they know will my job is safe? And will be I able to travel like USA and Australia as they need visa.

Can I ask your expert opinion, should I except guilty or worth making representations to them at court as you mentioning... Knwowing that I not going to win the case after all my mistake turn against me even this is my first and not intensional.

Please can you advice what my next step as you've dealing this type of inquiry and possible give me some clue how to deal with.
Expert:  Jo C. replied 1 year ago.
What type of work do you do?
Customer: replied 1 year ago.
My job is IT sourcing specialist... For IT equipment for customer and public sector.

Once again thanks for your kindly look into this.
Expert:  Jo C. replied 1 year ago.
No problem.

On the face of it, thats not inconsistent.

Unless you are under a duty to disclosure any convictions under the contract you should not have to tell them.

You will have to disclose it to subsequent employers depending on the level of CRB checking though.
Customer: replied 1 year ago.

Me again.. sorry!


 


Please advice that I should see solicitor (will cost me my life saving) or citizen advice about this as I know that this is wrong from both side and shouldn't be end up like this as we all human.


 


Or go to see the prosecutions manager that hand out this case ASAP.


 


Please can you advice!

Expert:  Jo C. replied 1 year ago.
I would waste your time with the CAB for lots of reasons.

You won't get legal aid for this so you would have to pay privately.

A better option is a barrister under public access. It will be much cheaper and there's no real need for a litigator here. This is just a simple matter of advocacy on the day. That will probably cost between £300 to £500 plus VAT. You only need a junior tenant. There's no need to spend money on seniority here.

You can always phone TFL and make a further offer. Its free to do that. Now they have issued a summons though they may not withdraw it but it does no harm to try.

I'm happy to continue with this but please rate my answer.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64652
Experience: Over 5 years in practice.
Jo C. and 2 other UK Traffic Law Specialists are ready to help you
Customer: replied 1 year ago.

Sorry.. already rated.


 


I do appreciated for your help.. Will seeking you help if is needed later on.


 


You said about barrister under public access! where can I find them please.


 


If you've further advise I love to hear from you as I've never been in this mess before.


 


Looking forward to hear from you soon..

Expert:  Jo C. replied 1 year ago.
Thanks

Where are you roughly in the uk?
Customer: replied 1 year ago.

I live in Greenwick London SE3.. To be honest to you I'm totally mental breakdown as I don't know what happen next to me..


 


If I've the money I love to hire you as you know my story in now. But much appreciated for you advice that mean a lot to me! don't know where or who to turn to..

Expert:  Jo C. replied 1 year ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.
Customer: replied 1 year ago.

Many thanks madam and have a good Sunday.. I'll try my best to have a good day


 


And do more research..


 


Thanks again

Expert:  Jo C. replied 1 year ago.
No problem.

All the best.

Customer: replied 1 year ago.
Dear Jo,

I've an email from prosecutions from TFL after I sent an email and explained the situation and came back with the important sentences below..

"You have mentioned that you fear for your career and the future plans for marriage may break down, however you have failed to supply any evidence of this to us. For London Underground to consider an alternative outcome this information will need to be supplied for us to consider"

The thing I did mention but to other prosecutions manager, may be he didn't see that is a important.

Can you say is this a good or bad news?

Please can you advice for me...

Thanks
Expert:  Jo C. replied 1 year ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.
Customer: replied 1 year ago.
Good evening madam,
Will you check my letter and rewrite to look more professional as my saying in the letter do look untidy and keep repeating the same thing! As my English is not a strong subject.

Any extra fees on this do let me know! As I would like to sure the court can understand my statement.

Thanks
Expert:  Jo C. replied 1 year ago.
Yes, no problem.

Do you want to upload it? Try to remove any personal information.
Customer: replied 1 year ago.
Thanks.. I'll do that as on my way home from work now. Do you mean copy and paste to here! or is there any other way as this is look quite long is 1 1/2 page.
Expert:  Jo C. replied 1 year ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.
Customer: replied 1 year ago.

Hi, this is not not for TFL anymore as received and email from TFL:



London Underground has already reviewed your case and taken everything into account upon reaching a decision to prosecute you.


I would advise you to carefully consult the summons paperwork that you have received and enter your plea to the court prior the hearing date.



So that mean I've to write a statement of what happened on that day and my circumstances to the court now is it right?



I've to write a statement and send to you, will you help me on correction? or see if is a correct way for the court to see.



Thanks

Expert:  Jo C. replied 1 year ago.
Thats a shame. They can be a bit inconsistent over charging decisions.

Yes, you can plead by post and I'm happy to check it.
Customer: replied 1 year ago.

Good evening,


 


I just completed the letter and if you can help me by correcting or change around to make it better, because I want to make sure it right for the court t see and understand my side of story.. And thanks for this!


 


Here it is..


 


 


I’m sincerely apology for asking you to look into this for case for me. I accepted is my fault that on Monday 11/03/2013 I did not have a permission travel into zone 1 as I did not touch with my Oyster Pay as you go card to extend my journey into zone 1.


 


On that journey I had with me are a valid travel card ticket zone 23456 and an Oyster card with £17.71 credit at that time. I was travelling from North Greenwich to Uxbridge. Got the Jubilee line from North Greenwich to Finchley Road and Metropolitan line to Uxbridge, as the two train arrived in the same platform as I was so hurry to catch the metropolitan train that just pulled in next to Jubilee train, my judgement was wrong as I should have touch my Oyster card Pay as you go before carry on my journey but I didn’t and forgot that I’ve an Oyster card.


 


Reason for all this as I got a lift 2 or 3 times a week from my previous neighbour as he works in Enfield at and he drop me at Kilburn or West Hampstead station on his way to work, from here I catch a Jubilee train to Finchley Road to get as fast train from Metropolitan train to Uxbridge. I always buy extend a day return ticket at £4.20 for zone 1 or weekly £30.40 zone 1 & 2 pass to cover the journey and depend if I don’t get lift from my neighbour. And I’m trying to save some money if the journey is not used. I do used Oyster cards but was mislaid and could not find it until now that why I start buying ticket at the station and my Oyster card had been using accordingly from the past.


 


I was caught and was wrong for lying at first when the inspector was asking a question but was fully cooperated when was asking again and answered true fully as I know I was wrong, and I would have paid the penalty fare if I have a second chance on that day. The inspector was just straight to the point write down the statement and asking me to read and signed it, but I didn’t read it as I know it was my fault and was so scared that I may end up in the police cell if not cooperate and just signed the statement without reading it. It was never my intention to do it and I realise that I was foolish and stupid of me and I am extremely sorry. The next day after my head thinking straight and went out looking for the 3 inspectors that caught me (2 males and a female) and found them on 13th March 2013 at Finchley Road station and apologies to the inspector (Ms Julie Barron) and her team for what I did (you can ask Ms Barron and her team that I did looking for her on that day) and we did have a conversation. The 3 inspectors are very helpful to me but I know is too late as I wanted do the right thing to say sorry, didn’t mean much but want to respect the law also show my new valid travel card zone 123456 to the inspectors.



This incident has me extremely worry and mentally stress and I would like to ask you to forgiveness and leniency on my case, worrying now if I don’t have a job for next day if the company find out that I’ve been convicted with criminal record as they are very strict with policy. I’m so ashamed of myself for keeping this secret to my friends and family, specially to my long time fiancée as I don’t want to her to know that will ruin career and our relationship for over 8 years together as we’re planning to get married this summer/autumn or early in next year, worry and fear the plans is going to break down if I get a criminal record. All my saving is for my marriage and mortgage lender for first time buyer is depends on me keeping the job and with a clean record. I’ve been made redundant twice and don’t want this happen to me again as I know how stressful it was and specially now is very difficult to find a job with my age at 45. I don’t earn much and still living with my parents and look after them as they’re old coupe and not in good health, specially to my mother as she just come out from hospital recovering from heart attack, and don’t want her to know.


 


This is my first offence and till date and have a clean track record all my life. The stress I have went through has taught me and will be remembered the rest of my life and promise never to commit any offence in future. I’m begging you and kindly taking this into consideration and give a second chance to be a much better person.


 


Please don’t put me in prison or register me with criminal record as I’ll lose everything I working and dreaming for. I plead guilty to my offence and whatever the fines you going to give me I accept and ready to pay all fines, costs and charged for my offence or I’ll do anything to make me a good or a better citizen today, please give me a second chance.



 


Yours Sincerely,

Expert:  Jo C. replied 1 year ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.
Customer: replied 1 year ago.
Thanks for your help and good night as now 12am
Expert:  Jo C. replied 1 year ago.
No problem.

All the best.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Barrister

    Satisfied Customers:

    3152
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    3152
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    138
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    30
    Solicitor with UK Traffic Law experience
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    17
    17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    12
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    12
    LLB (Hons)
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/2013-12-6_91518_MeforJA.64x64.jpg Stuart J's Avatar

    Stuart J

    Solicitor

    Satisfied Customers:

    155
    PGD Law. 20 years legal profession, 6 as partner in High Street practice