Inaccurate and incomplete witness statement to support allegation of fare evasion - can I challenge?

WestLondonlife

Andy_L said:

WestLondonlife said:

discat11 said:

The strict liability offence simply means did you or did you not pay for your fare according to the bylaws etc?
From your own statement you know you didn't, the fact it was a mistake isn't relevant I'm afraid or the circumstances under which the interview took place.
It sounds simply as if the inspector was trying to ascertain whether this was a one off or a repeat offence -quite a difference in the type of ongoing investigation and court appearance, it doesn't appear they reported it as a repeat offence, so it's an open & shut case -one offence proven: fine.
  
You may well have a case for complaint to TFL for the Inspectors behaviour, but it has no bearing on the offence I'm afraid and it won't change the outcome of the appearance.

Thanks for the comments so far. I admitted the mistake and was expecting a fine, but do want to contest the criminal conviction which I assume I would get if I plead guilty? However, the statement attached to the charge is incomplete and omits that I said it was a mistake and that it's the first time it's happened. It also states that the inspector identified himself before asking to see my pass which isn't correct; he stopped me along with the (assumed) other inspectors, one of them used threatening language, I stopped and then the conversation started. My answers have also been taken out of context, and were asked/answered when I was panicking, nervous and not of clear mind. I want to be able to present my facts so TfL counsel/prosecution can determine the penalty with the full facts before them, not a skewed version and based on information taken from me when I was very anxious. If I plead guilty then I assume I won't get that opportunity, which I will if I plead not guilty in which case I'm saying I didn't make a mistake?

It will be the magistrate who decides the penalty not TfL

Does the paperwork/on-line form you've been sent not have the option to add your mitigation (1st offence, genuine mistake, guilty plea, very sorry etc etc)  to a guilty plea?

Thanks for the comments everyone.
Yes, there is an option to add mitigating comments to my plea but ideally I don't even want it to go to the magistrate for determination. As another contributor has said a not guilty plea is not really an option, which means a conviction if it's settled in court. Ideally I would like to settle this out of court.

WestLondonlife

Jumblebumble said:

WestLondonlife said:

Hello
I have been issued a Single Justice Procedure notice by TfL with the criminal charge of fare evasion. The incident happened in late 2018 when I accidentally used a relative's freedom pass to tap through the barriers at an underground station instead of my own. I was the relative's carer and often carried their pass to present on their behalf when travelling, and on this occasion unfortunately mistook their pass for mine without looking (same case in shape, size and feel). I had a valid Oyster card with sufficient funds for my journey. I admit a stupid mistake took place, so am not contesting that. But I do want to challenge why they have decided to prosecute with a criminal conviction if guilty, plus a fine. 
I have applied for Statutory Declaration because TfL was sending documentation to the wrong address plus COVID happened. That's underway. However, now that I have finally received the documentation with the witness statement taken by the revenue inspector, and it has inaccuracies and omissions which are prejudicial to my case. This version takes my answers out of context, does not provide a full account, and basically presents me as a blatant fare evader even when I repeatedly told the inspector it was a mistake. Also, the inspector was part of a group of plain clothes inspectors at the station. When one of them asked me to stop and show them my pass after I'd passed through the barriers, I didn't know they were inspectors and continued walking towards the stairs. They all started moving towards me as a group, and one of them called to a BTP officer who was standing a short distance away saying 'the police will sort you out'. For reference, I am female, of slim build and was not being aggressive - I was not a physical threat in any way. I believe this is intimidating and threatening language, and it made me panic and extremely anxious for the duration of the interview by the inspector who then stepped forward and identified himself.
The inspector's line of questioning seemed pushy and also, I see from looking at the statement, manipulative. When I told him it was a mistake - and only realised this when he pointed out I had used a non-standard pass as I had no idea at the time - he ignored me and kept saying 'tell me the truth' and 'it's OK, just tell me', about 2-3 times. I gave up trying and told him it was a relative's pass and they didn't know - my concern was that there might be recourse to them. He asked some more questions which I answered, and now see from the statement they were taken out of context or conflated into one answer. I did sign his notebook with notes from our interview, but I was nervous, scared, and not of clear mind. This is the first time I have read the statement submitted with enough time to take it in and with a calm mind, and it clearly misrepresents what I said and is not a full or accurate account of our conversation. I cannot stand by the statement as an accurate account of my circumstances or what was said. I admitted I had made a mistake at the time - which is omitted from the statement, as was my confirmation that this had never happened before - and had hoped that being cooperative would bring leniency. Instead, my words have been taken out of context to suggest I deliberately used a pass I wasn't meant to.
I have since found out that TfL have a strict liability policy and are particularly concerned about mis-use of high value passes. I expect a fine but do not believe the prosecutor/counsel has had the correct facts presented to them if it's the inspector's statement and has taken a heavy-handed approach as a result. The statement also does not mention the intimidation and implied threat used against me by the group of inspectors in the presence/hearing of the inspector who interviewed me. 
My questions are:
- Can I challenge the validity of the witness statement on the grounds above?
- What are my legal rights in this? I have been given the option to plea guilty and go to court, guilty and not go to court, or not guilty. I admit I made a mistake and a penalty fine is probably due, but I have a clean record, have not committed this mistake before or after, and admitted at the time that I had made a mistake but was not given the opportunity to fully explain the circumstances. If I plead guilty, how can I present the facts? Would pleading not guilty be a better way to proceed?
- The TfL enforcement policy states that I should have been sent a verification statement to present my facts and respond to the allegations. I have not received this and the prosecutor seems to have made a decision based on an inaccurate witness statement alone. Do I have the right to request this?

I believe a criminal record for an honest mistake made once and also misrepresented in an inaccurate statement is a heavy-handed penalty and would like to understand if I can do anything about this as I really want to avoid a criminal conviction. I have a clear prior record with no cautions etc, so this is a first-time offence.
Any help gratefully received. 
Thanks.

You are clutching at straws saying "the prosecutor decided because" as in the case of TFL  it is my understanding that they almost always prosecute for offences involving freedom passes.
My guess is that this is being treated as a bylaw offence and that the Magistrates will gave the same fine to all comers regardless of statements or mitigation as no doubt they hear the same story from everyone they meet
A bylaw is mostly far less serious than a RRA as it should not be recorded on PNC and thus should not appear on a DBS
You should not even consider pleading  not guilty because to be blunt you are guilty and have no credible defence and it will cost you a lot more if you try

Yes, to confirm the charge is under the byelaw 17(1) of the TfL Railway Byelaws Made under para 26 of schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962. 
Are you saying a conviction under this statute will not be recorded on a PNC?

WestLondonlife

FaceHead said:

You should contact TFL and show genuine remorse, you appreciate that when TFL lose revenue other honest people have to pick up the tab...blah..blah. Saying it was an accident probably won't win any favour, as they may or may not believe it. They have seen from the journey history it was a one off. Say you don't have a criminal record and want to dispose of this swiftly without further cost or inconvenience to them.

Offer to pay their costs, and hopefully they will let you know their out of court offer. At least as expensive as pleading guilty, but it could save you the conviction, and for tfl it means the whole amount of the settlement goes in their pocket. 

Thanks. I spoke to somebody from a local authority legal centre and she, offering informal advice, advised the same, to try and speak to the TfL prosecution team. It's my best bet, I think.
Practical question: is the best way to contact the TfL prosecution team by phone? I can't see any email details on the TfL website or on my documentation. Thanks again.

KeithP

WestLondonlife said:

FaceHead said:

You should contact TFL and show genuine remorse, you appreciate that when TFL lose revenue other honest people have to pick up the tab...blah..blah. Saying it was an accident probably won't win any favour, as they may or may not believe it. They have seen from the journey history it was a one off. Say you don't have a criminal record and want to dispose of this swiftly without further cost or inconvenience to them.

Offer to pay their costs, and hopefully they will let you know their out of court offer. At least as expensive as pleading guilty, but it could save you the conviction, and for tfl it means the whole amount of the settlement goes in their pocket. 

Practical question: is the best way to contact the TfL prosecution team by phone? I can't see any email details on the TfL website or on my documentation. Thanks again.

I found this...

...at tfl.gov.uk/help-and-contact

Don't know whether that's appropriate though.

Jumblebumble

WestLondonlife said:

Jumblebumble said:

WestLondonlife said:

Hello
I have been issued a Single Justice Procedure notice by TfL with the criminal charge of fare evasion. The incident happened in late 2018 when I accidentally used a relative's freedom pass to tap through the barriers at an underground station instead of my own. I was the relative's carer and often carried their pass to present on their behalf when travelling, and on this occasion unfortunately mistook their pass for mine without looking (same case in shape, size and feel). I had a valid Oyster card with sufficient funds for my journey. I admit a stupid mistake took place, so am not contesting that. But I do want to challenge why they have decided to prosecute with a criminal conviction if guilty, plus a fine. 
I have applied for Statutory Declaration because TfL was sending documentation to the wrong address plus COVID happened. That's underway. However, now that I have finally received the documentation with the witness statement taken by the revenue inspector, and it has inaccuracies and omissions which are prejudicial to my case. This version takes my answers out of context, does not provide a full account, and basically presents me as a blatant fare evader even when I repeatedly told the inspector it was a mistake. Also, the inspector was part of a group of plain clothes inspectors at the station. When one of them asked me to stop and show them my pass after I'd passed through the barriers, I didn't know they were inspectors and continued walking towards the stairs. They all started moving towards me as a group, and one of them called to a BTP officer who was standing a short distance away saying 'the police will sort you out'. For reference, I am female, of slim build and was not being aggressive - I was not a physical threat in any way. I believe this is intimidating and threatening language, and it made me panic and extremely anxious for the duration of the interview by the inspector who then stepped forward and identified himself.
The inspector's line of questioning seemed pushy and also, I see from looking at the statement, manipulative. When I told him it was a mistake - and only realised this when he pointed out I had used a non-standard pass as I had no idea at the time - he ignored me and kept saying 'tell me the truth' and 'it's OK, just tell me', about 2-3 times. I gave up trying and told him it was a relative's pass and they didn't know - my concern was that there might be recourse to them. He asked some more questions which I answered, and now see from the statement they were taken out of context or conflated into one answer. I did sign his notebook with notes from our interview, but I was nervous, scared, and not of clear mind. This is the first time I have read the statement submitted with enough time to take it in and with a calm mind, and it clearly misrepresents what I said and is not a full or accurate account of our conversation. I cannot stand by the statement as an accurate account of my circumstances or what was said. I admitted I had made a mistake at the time - which is omitted from the statement, as was my confirmation that this had never happened before - and had hoped that being cooperative would bring leniency. Instead, my words have been taken out of context to suggest I deliberately used a pass I wasn't meant to.
I have since found out that TfL have a strict liability policy and are particularly concerned about mis-use of high value passes. I expect a fine but do not believe the prosecutor/counsel has had the correct facts presented to them if it's the inspector's statement and has taken a heavy-handed approach as a result. The statement also does not mention the intimidation and implied threat used against me by the group of inspectors in the presence/hearing of the inspector who interviewed me. 
My questions are:
- Can I challenge the validity of the witness statement on the grounds above?
- What are my legal rights in this? I have been given the option to plea guilty and go to court, guilty and not go to court, or not guilty. I admit I made a mistake and a penalty fine is probably due, but I have a clean record, have not committed this mistake before or after, and admitted at the time that I had made a mistake but was not given the opportunity to fully explain the circumstances. If I plead guilty, how can I present the facts? Would pleading not guilty be a better way to proceed?
- The TfL enforcement policy states that I should have been sent a verification statement to present my facts and respond to the allegations. I have not received this and the prosecutor seems to have made a decision based on an inaccurate witness statement alone. Do I have the right to request this?

I believe a criminal record for an honest mistake made once and also misrepresented in an inaccurate statement is a heavy-handed penalty and would like to understand if I can do anything about this as I really want to avoid a criminal conviction. I have a clear prior record with no cautions etc, so this is a first-time offence.
Any help gratefully received. 
Thanks.

You are clutching at straws saying "the prosecutor decided because" as in the case of TFL  it is my understanding that they almost always prosecute for offences involving freedom passes.
My guess is that this is being treated as a bylaw offence and that the Magistrates will gave the same fine to all comers regardless of statements or mitigation as no doubt they hear the same story from everyone they meet
A bylaw is mostly far less serious than a RRA as it should not be recorded on PNC and thus should not appear on a DBS
You should not even consider pleading  not guilty because to be blunt you are guilty and have no credible defence and it will cost you a lot more if you try

Yes, to confirm the charge is under the byelaw 17(1) of the TfL Railway Byelaws Made under para 26 of schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962. 
Are you saying a conviction under this statute will not be recorded on a PNC?

My understanding from knowledgeable posters on the Rail Forums  site where you have also posted is that this is generally  the case unless someone has made a mistake
I know quite a few of them personally and can tell you that many of them work in the industry and so their advice is likely to be  correct

WestLondonlife

KeithP said:

WestLondonlife said:

FaceHead said:

You should contact TFL and show genuine remorse, you appreciate that when TFL lose revenue other honest people have to pick up the tab...blah..blah. Saying it was an accident probably won't win any favour, as they may or may not believe it. They have seen from the journey history it was a one off. Say you don't have a criminal record and want to dispose of this swiftly without further cost or inconvenience to them.

Offer to pay their costs, and hopefully they will let you know their out of court offer. At least as expensive as pleading guilty, but it could save you the conviction, and for tfl it means the whole amount of the settlement goes in their pocket. 

Practical question: is the best way to contact the TfL prosecution team by phone? I can't see any email details on the TfL website or on my documentation. Thanks again.

I found this...

...at tfl.gov.uk/help-and-contact

Don't know whether that's appropriate though.

Thank you! I also spotted an email address on the SJP paperwork so will try that, and if that fails then the one above. I'll also try calling and see if I can speak to somebody in the prosecutions team.

WestLondonlife

Jumblebumble said:

WestLondonlife said:

Jumblebumble said:

WestLondonlife said:

Hello
I have been issued a Single Justice Procedure notice by TfL with the criminal charge of fare evasion. The incident happened in late 2018 when I accidentally used a relative's freedom pass to tap through the barriers at an underground station instead of my own. I was the relative's carer and often carried their pass to present on their behalf when travelling, and on this occasion unfortunately mistook their pass for mine without looking (same case in shape, size and feel). I had a valid Oyster card with sufficient funds for my journey. I admit a stupid mistake took place, so am not contesting that. But I do want to challenge why they have decided to prosecute with a criminal conviction if guilty, plus a fine. 
I have applied for Statutory Declaration because TfL was sending documentation to the wrong address plus COVID happened. That's underway. However, now that I have finally received the documentation with the witness statement taken by the revenue inspector, and it has inaccuracies and omissions which are prejudicial to my case. This version takes my answers out of context, does not provide a full account, and basically presents me as a blatant fare evader even when I repeatedly told the inspector it was a mistake. Also, the inspector was part of a group of plain clothes inspectors at the station. When one of them asked me to stop and show them my pass after I'd passed through the barriers, I didn't know they were inspectors and continued walking towards the stairs. They all started moving towards me as a group, and one of them called to a BTP officer who was standing a short distance away saying 'the police will sort you out'. For reference, I am female, of slim build and was not being aggressive - I was not a physical threat in any way. I believe this is intimidating and threatening language, and it made me panic and extremely anxious for the duration of the interview by the inspector who then stepped forward and identified himself.
The inspector's line of questioning seemed pushy and also, I see from looking at the statement, manipulative. When I told him it was a mistake - and only realised this when he pointed out I had used a non-standard pass as I had no idea at the time - he ignored me and kept saying 'tell me the truth' and 'it's OK, just tell me', about 2-3 times. I gave up trying and told him it was a relative's pass and they didn't know - my concern was that there might be recourse to them. He asked some more questions which I answered, and now see from the statement they were taken out of context or conflated into one answer. I did sign his notebook with notes from our interview, but I was nervous, scared, and not of clear mind. This is the first time I have read the statement submitted with enough time to take it in and with a calm mind, and it clearly misrepresents what I said and is not a full or accurate account of our conversation. I cannot stand by the statement as an accurate account of my circumstances or what was said. I admitted I had made a mistake at the time - which is omitted from the statement, as was my confirmation that this had never happened before - and had hoped that being cooperative would bring leniency. Instead, my words have been taken out of context to suggest I deliberately used a pass I wasn't meant to.
I have since found out that TfL have a strict liability policy and are particularly concerned about mis-use of high value passes. I expect a fine but do not believe the prosecutor/counsel has had the correct facts presented to them if it's the inspector's statement and has taken a heavy-handed approach as a result. The statement also does not mention the intimidation and implied threat used against me by the group of inspectors in the presence/hearing of the inspector who interviewed me. 
My questions are:
- Can I challenge the validity of the witness statement on the grounds above?
- What are my legal rights in this? I have been given the option to plea guilty and go to court, guilty and not go to court, or not guilty. I admit I made a mistake and a penalty fine is probably due, but I have a clean record, have not committed this mistake before or after, and admitted at the time that I had made a mistake but was not given the opportunity to fully explain the circumstances. If I plead guilty, how can I present the facts? Would pleading not guilty be a better way to proceed?
- The TfL enforcement policy states that I should have been sent a verification statement to present my facts and respond to the allegations. I have not received this and the prosecutor seems to have made a decision based on an inaccurate witness statement alone. Do I have the right to request this?

I believe a criminal record for an honest mistake made once and also misrepresented in an inaccurate statement is a heavy-handed penalty and would like to understand if I can do anything about this as I really want to avoid a criminal conviction. I have a clear prior record with no cautions etc, so this is a first-time offence.
Any help gratefully received. 
Thanks.

You are clutching at straws saying "the prosecutor decided because" as in the case of TFL  it is my understanding that they almost always prosecute for offences involving freedom passes.
My guess is that this is being treated as a bylaw offence and that the Magistrates will gave the same fine to all comers regardless of statements or mitigation as no doubt they hear the same story from everyone they meet
A bylaw is mostly far less serious than a RRA as it should not be recorded on PNC and thus should not appear on a DBS
You should not even consider pleading  not guilty because to be blunt you are guilty and have no credible defence and it will cost you a lot more if you try

Yes, to confirm the charge is under the byelaw 17(1) of the TfL Railway Byelaws Made under para 26 of schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962. 
Are you saying a conviction under this statute will not be recorded on a PNC?

My understanding from knowledgeable posters on the Rail Forums  site where you have also posted is that this is generally  the case unless someone has made a mistake
I know quite a few of them personally and can tell you that many of them work in the industry and so their advice is likely to be  correct

Thank you! Very helpful to know.

FaceHead

WestLondonlife said:

FaceHead said:

You should contact TFL and show genuine remorse, you appreciate that when TFL lose revenue other honest people have to pick up the tab...blah..blah. Saying it was an accident probably won't win any favour, as they may or may not believe it. They have seen from the journey history it was a one off. Say you don't have a criminal record and want to dispose of this swiftly without further cost or inconvenience to them.

Offer to pay their costs, and hopefully they will let you know their out of court offer. At least as expensive as pleading guilty, but it could save you the conviction, and for tfl it means the whole amount of the settlement goes in their pocket. 

Practical question: is the best way to contact the TfL prosecution team by phone? I can't see any email details on the TfL website or on my documentation. Thanks again.

The type of letter you need to write is better done, and more likely to be successful, by snail mail than phone or email. 

You're looking for the person of the other side to recognise that you're a decent person, remorseful of your mistake, and prosecuting you won't be in anyone's interest as you're never going to make this mistake again. A phone call or email isn't likely to work. A well crafted letter to the named person with your signature in ink on it has a small chance of working. 

Most likely you will end up going to court. The TfL representative may well be amenable to a settlement on the day, literally minutes before you go in front of the magistrate, however let's cross that bridge when we get there. 

kazwookie

Considering what I have just heard on the news of change of statements for  Hillsborough police forces, I suggest to go for it.

WestLondonlife

FaceHead said:

WestLondonlife said:

FaceHead said:

You should contact TFL and show genuine remorse, you appreciate that when TFL lose revenue other honest people have to pick up the tab...blah..blah. Saying it was an accident probably won't win any favour, as they may or may not believe it. They have seen from the journey history it was a one off. Say you don't have a criminal record and want to dispose of this swiftly without further cost or inconvenience to them.

Offer to pay their costs, and hopefully they will let you know their out of court offer. At least as expensive as pleading guilty, but it could save you the conviction, and for tfl it means the whole amount of the settlement goes in their pocket. 

Practical question: is the best way to contact the TfL prosecution team by phone? I can't see any email details on the TfL website or on my documentation. Thanks again.

The type of letter you need to write is better done, and more likely to be successful, by snail mail than phone or email. 

You're looking for the person of the other side to recognise that you're a decent person, remorseful of your mistake, and prosecuting you won't be in anyone's interest as you're never going to make this mistake again. A phone call or email isn't likely to work. A well crafted letter to the named person with your signature in ink on it has a small chance of working. 

Most likely you will end up going to court. The TfL representative may well be amenable to a settlement on the day, literally minutes before you go in front of the magistrate, however let's cross that bridge when we get there. 

Thanks for the encouragement and advice. I spoke to somebody from the Single Justice Procedure team today to try and understand the process better, and they (not being legally trained and stated that) said that TfL won't be able to settle out of court because the case has already been presented before a court, even though I knew nothing about it. I think that's incorrect because cases can be withdrawn at any time, or so I've heard/read in the papers etc. I am going to draft my letter over the weekend - it won't be short and snappy as some have recommended as I want to provide some more information to support my case - and send first thing on Monday. Agreed that I should address this to an individual but I don't have any name other than the TfL Counsel who is named on the charge sheet - is that the person to address?  
I'm also going to prepare the SD papers including my plea and mitigating information for the magistrate's attention just in case...