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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70209
Experience:  Over 5 years in practice.
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hi a quick question about a transport penalty fare.I don t

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hi a quick question about a transport penalty fare.I don t know if you re familiar with the weekly travel cards(the ones made from paper,rail tickets)but TFL say you need a photo card in addition to validate them.Fair enough their rules and the photo card its free but the thing is i did nt know and i took 2 penalty fares in the same week even if i had the receipts to prove their provenience.I made an appeal told them i did nt know about the photo card and if the ticket its not valid how come the ticket machine still released it and how come the barriers still open up every time i use it and they replied that under tfl regulations its still my responsibility to carry a photo card.Now i m not saying its not(even if i did nt know) but what about their responsibility?They make millions a day can t they put a system in place?if the ticket its not valid how come that i can travel with it?After 3 or 4 warning letters to pay (which i ignored)they had send me a summoning letter to appear before the magistrates court this month.What do you think i should do besides paying them:go,ignore or sue them?oh almost forgot warning letters and summoning one came on a different name the prosecutor misspelled my last name he got the adress right though.Can i continue to ignore them based on the misspelling mistake or they can still get to me?

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

How bad is the misspelling?
Customer: replied 3 years ago.

not to bad my last name its stancu and they wrote statnevi

Customer: replied 3 years ago.

FOR JOMO1972 my last name its stancu and they wrote statnevi

Thanks for the information.

I am very sorry but that will make no difference at all. There is case law on what makes summonses defective and it literally has to be such that you cannot understand its for you. This is clearly for you.

If you don't go then they will just try you in absence and convict you. The fines are not high but costs will be a nasty shock.

To be wholly honest, you should have paid the penalties. It would have been much cheaper. Now your only real option is to plead by post and then at least costs will be low.

I'm very sorry but I have to give you truthful information.

Can I clarify anything for you?

Customer: replied 3 years ago.

FOR JOMO1972 two hundred pounds penalties?and for that travel card i paid 40.why should i pay if im not wrong?whats the logic in buying the ticket whitout making a free photocard for it?it could be only one reason-i didnt know.and i still have the receipts to prove it.Whats going to happen in court?

I think they are saying that you have used these cards without proper validation. If so, thats a problem. They will be relying on Reg 18 Railway Bye Laws and that is very easily reached.

In court there will be a trial but, on these facts, Im not sure you should be contesting this.
Customer: replied 3 years ago.

FOR JOMO1972 k i dont really understand. whats the best i can do at this point?if im going to court with the receipts and bank statement to prove that i bought the ticket?everything will go on the presumption that i didnt know about the photocard because they cant prove the opposite.

No, it won't.

Under Reg 18 they only have to prove that you were travelling without proper authority. They don't have to prove any mental intent on your part at all.

To be wholly honest, unless you can convince them that you did have property authority to charge you should really be pleading guilty. It will be more expensive than the penalties would have been but it will be a lot cheaper than paying costs when you are convicted after trial.
Jo C. and 2 other UK Law Specialists are ready to help you
Customer: replied 3 years ago.

k then i have to move out.thanks for the help

No problem.

All the best.