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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 69368
Experience:  Over 5 years in practice.
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Jo My name is maloj, I have issue I have oyster to 4 I do

Customer Question

Hi jo My name is maloj
JA: Thanks. Can you give me any more details about your issue?
Customer: I have issue I have oyster for 2 to 4 I do sometimes travel zone 1 but at sometimes my card did not work properly or maybe I did not touch properly I knew I had a incomplete journey but never I did a mistake by not bothering by not being charged so I just igorned and still kept using the same way assuming it doesn't read or maybe I am not touching it firmly I have done it a few times today I was caught for not using it properly and I was charged the penalty which I paid 40 pound but I guess I argued a bit by saying your machine does not work properly so she looked in my history I have not touched in my previous journey so she was upset and took my details and said you will receive a letter form magistrate courts which I apologies and said sorry for not using it properly and asked not to proceed further I have paid the fine on same day so do think she will still prosecute me for past history? I normally travel by bus as I finish late so I never use my oyster which is valid form zone 2 to 4 still that not an excuse for wat I knew that it's not charging me wen I use to it in zone 1 couple of days back I called tfl and told them that my card does not work properly I thought may be its just not charging me and shows incomplete journey for which they replaced my card but I guess I wasn't touching it properly enough for me show my journey I feel so bad about it but it's done I don't want to do that again do you think after I have paid the 40 pound penalty on day they will still prosecute me for my past history? Please help wat should I do or do think she let me off by taking the penalty because I haven't signed any documents the only thing she did is told to write my name and address and date of birth and she said she will check the camera do you thing they go so much in details to chase me I really feel bad that I knew I wasn't charged for incomplete journey I did try to change my card but I was wrong please advise I would highly appreciated your help
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Customer: So for such a long msg
Submitted: 9 months ago.
Category: UK Traffic Law
Expert:  Jo C. replied 9 months ago.

Are you asking if you will be prosecuted?

Customer: replied 9 months ago.
I have clean record for my whole life and now a mistake which I wasn't aware can lead to prosecution yes please do you yhink they will take further action after I have paid fine on same day and if they do some thing then wat should I do I can't afford to have criminal record for such a embrassing incident which will never happen again I have learnt a lesson pleas help
Customer: replied 9 months ago.
Hi are you there?
Customer: replied 9 months ago.
Hi Jo please let me what happens now from my situation?
Expert:  Jo C. replied 9 months ago.

So, in short, they gave you an internal fine which you paid?

Customer: replied 9 months ago.
Thanks a lot feels a bit bette last question So they won't go in my history as she said she will check the camera to see if I did it purposely please ur advise would help to relax a bit or according to there policy once they have fined me on same day the won't take the matter further or are they suppose to do that but she has my oyster details which anyways have my address and my details and my incomplete journey and top of that I wrote the correct details for her
Expert:  Jo C. replied 9 months ago.

Can we just try to narrow this down?

Did they give you an internal fine?

Customer: replied 9 months ago.
Ok the fine was 80 pound if I pay on the same day it was 40 which I paid to her but then because I told I did touch my oyster which I didn't properly so she was bit angry and told you didn't touched it properly from last 2 days for which she said you will receive a letter from magistrate explain to him only why you didn't touch I don't know if she trying to threatened me or she will do after she took the fine for that day for my incomplete journey I hope that helps
Expert:  Jo C. replied 9 months ago.

So you didn't pay the fine then?

Customer: replied 9 months ago.
I did pay the fine then I paid the fine in front of her for which she gave me the receipt the receipt says 0 balance to pay
Customer: replied 9 months ago.
Sorry to bother is that clear to u they took the fine then and there so wat do understand from this wat will happen now? Please help
Expert:  Jo C. replied 9 months ago.

OK. It is possible that they could check the history of the card. They do that sometimes.

I'm not sure how they would be in a position to prove that you had made journeys when it was not tapped in properly. Unless they catch you in excess of your journey it is not possible usually. I suppose they could check CCTV but that is unlikely as it is so time consuming.

If they have levied an internal fine to dispose of this matter then they will not prosecute unless they have evidence of other offences.

Can I clarify anything for you?

Jo

Customer: replied 9 months ago.
Sorry again thanks for ur advise but wat do u mean by other offence other than my incomplete journey in past which might a few I don't know wat do u mean by other offence please help your have made a relax a bit
Expert:  Jo C. replied 9 months ago.

I'm really sorry but I'm not sure I understand ?

Would you mind writing things out in full and using punctuation? It is important we understand each other.

Customer: replied 9 months ago.
Ok sorry,as you asked if I paid fine then? Yes i did pay the fine, they took money straight away from me. now I don't know if it's called internal fine. Because I had argument with them saying that I did touch the oyster she check my past few history were I didn't touch my oyster in zone 1 . .because they started going deep into my history and said you haven't completed the Journey several times hence they told me pay the fine for todays incomplete journey and I am not sure if they were trying threatned me or just trying to make me pay the fine so to avoid further investigation and argument I paid the fine but they told me you will receive a letter from the magistrate court which I am not sure if they can do after they have taken the fine or they were just trying to scare me. I don't know how there procedure works after imposing the fine will they still issue me a letter from magistrate court or they won't or do you think they will investigate has they said and then send a me court summon please help
Customer: replied 9 months ago.
Sorry for my bad English if it's still not clear
Expert:  Jo C. replied 9 months ago.

Ok. I see how they would know.

They are saying that you tapped in at X location and didn't tap out. That might well give rise to suspicion but it doesn't really prove anything sufficient from them to prosecute you.

Customer: replied 9 months ago.
Thanks but they told me that I touched at zone 4 but didn't touch out at zone 1 and they will check on camera but my question is that they caught me today and fined me but because I was arguing she checked my past history and scared me for prosecution could please advise if they can prosecute me for my past journey now as they caught me once today for which I paid the fine and they let me go just took my details which are also available on the Oyster card if they need. And I didn't sign any paper which I thought would be the proceding so just worried if they gonna send me any magistrate court summons later after investigation or should I think that I have paid the fine and I should not worry any further because your are expert so I asked you if you know what exactly they are thinking and they would do please help
Expert:  Jo C. replied 9 months ago.

Yes, they could do that as I mentioned above but it is not likely that they would spend that amount of time upon investigations.

Customer: replied 9 months ago.
Thanks but just looking at my past history journey can they prosecute me without checking the camera or just by checking online record for incomplete journey is enough for them to prosecute me which even I can see from my account that I had few times were I didn't tap out
Expert:  Jo C. replied 9 months ago.

Yes, as I have said.

It might not be enough to convict, as I mentioned.

Customer: replied 9 months ago.
Thanks again so will they still send me the court summon or not as they said they will do or they will leave the magistrate court to decide if I have done something wrong. Do they decide On basis of evidence whether to send me the court summon or do you thing the will spare me this time as I paid the fine
Expert:  Jo C. replied 9 months ago.

It is nothing to do with the magistrates at this stage. It is for TFL to make the decision. Then they will complain to the Magistrates who will issue a summons.

I cannot say what decision they will make.

Customer: replied 9 months ago.
Thanks lets wait and watch thanks for your advise
Customer: replied 9 months ago.
Sorry how much do you charge I thought it said 3 pound
Expert:  Jo C. replied 9 months ago.

No problem.

You can post back if the situation changes after you have rated.

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