Help! help! Summons from tfl

romi_2

well in may i had made a mistake of taking a student oyester to travel by mistake and a RCI (revenue control inspector) stopped me to check my card, I showed him my card but when i showed to him I realized that in hurry i had picked up the wrong card well ...

He took my statement and let me go. A few days later i got a letter from tfl asking for explaination and i wrote them back (on the same letter, They asked) It was my first mistak ever and since. They even spelled my name wrong everywhere even on address. But because only one latter was missing i opened it knowing its mine.

I did not get anything till now that tfl send me summons :eek: :eek: :eek: asking me to appear in court in oct. They did not give me a chance to pay panelty or anything ( i donno if it should be in procedure or not)

In summons they have spelled my name wrong again and even on the addressed anvalop. even the RCI guy spelled my name wrong (both name have a different latter missing from them)

(If they are so professional but still made an error of typing and recording my name wrong, I am a simple human who made a mistake:mad: )

Well not taking it any furthur can please someone advice me if i have a chance of getting out of it or not? I dont want a tfl criminal charge on me.

Any help or advice would be much appreciated.

scottishlass

Ok your post is slightly confusing so lets get the facts sorted first.

You travelled in May using a Student Oyster Card
You got stopped and a statement was taken.
You then got a letter asking for an explanation - which you replied to?
Now you've been sent summons?

Do you have a copy of the original letter that was sent?

Conor_3

Sadly, it looks like you're going to be having your day in court. Explain to the Magistrate what you've stated here including the fact they didn't issue a penalty ticket. I reckon you stand a 50/50 chance depending on the Magistrate.

romi_2

yes thats right scotishlass, sorry for being confusing, I am lost right now.

well no dont have the copy of original letter. i had to send the original letter back explaining on the back of it.

romi_2

i dont mind going to court but just dont wanna be declared guilty.

seftonsun

romi wrote: »

i dont mind going to court but just dont wanna be declared guilty.

Guilty of what?

Precisley what have you been summonsed for? If it's for using a Student Oyster that you were not entitled to use, then you are guilty. There is no automatic right to a Fixed Penalty. The Revenue Inspector and TfL will weigh up the probability that you were telling them the truth or not and make a decsion accordingly.

It appears as if they've decided you were not truthful and are asking the Magistrates Court to decide, depending upon your plea. As I say, depending upon what the summons is saying depends upon whether you are guilty or not. If you did commit the offence they are suggesting, then you are guilty but you can plead mitigation in court and throw yourself at the Court's mercy and hope the penalty is not too severe. If you plead Not Guilty but are found Guilty it is likely the penalty imposed will be more severe.

moonrakerz

If you had a valid card for the day in question and had picked up another card by mistake, I don't see a problem.
You may have to go to Court but if you can produce the card you should have had on you, valid on that day, the magistrates will probably say not guilty.
If you don't possess the card you should have done, on the day in question - guilty as charged

seftonsun

moonrakerz wrote: »

If you had a valid card for the day in question and had picked up another card by mistake, I don't see a problem.
You may have to go to Court but if you can produce the card you should have had on you, valid on that day, the magistrates will probably say not guilty.
If you don't possess the card you should have done, on the day in question - guilty as charged

It's not that simple. Even if there was a valid card the decision will be based upon whether the Magistrates belive that it was an honest mistake or whether it was done to utilise the cheaper/free fare. And, unfortunately, an honest mistake does not always mean you are not, not guilty of the offence. As I said, you can still be guilty but you plead mitigation to reduce the penalty.

webangel

My cousin got a summons just because he didn't swipe his card out at the end of a journey or something equally silly. Anyway, he went to court (as he couldn't get out of it), explained the situation coherently and with respect, and they let him off. Everyone else who was there got a fine (mainly due the fact they had not turned up wearing a suit or taken the thing seriously and didn't have anything to say when presented with the case against them).

Just go to the court date, explain that it was a genuine mistake, that you've never had a problem before, and that you told the inspector this at the time. I would also write a letter to them explaining these circumstances so that they have something in writing from you beforehand. It really is not worth their while to prosecute for this.

moonrakerz

seftonsun wrote: »

It's not that simple. Even if there was a valid card the decision will be based upon whether the Magistrates belive that it was an honest mistake or whether it was done to utilise the cheaper/free fare. And, unfortunately, an honest mistake does not always mean you are not, not guilty of the offence. As I said, you can still be guilty but you plead mitigation to reduce the penalty.

Agree with you to a greater extent.

The trouble with most of these "schemes", be it on the tube, trains, congestion charge, parking..... is that any slight transgression is followed by a totally out of proportion penalty. The sole object is not to reduce fare dodging or whatever, it is just to generate income !
The ultimate example of this has to be clamping a car that is causing an obstruction !!!!

anewman

My guess is you didn't offer to pay the difference, or buy the actual ticket for your journey?!

I wonder how many people give fake names and addresses!? Surely they cannot force you to show proof of address if you don't have it.