Charged with a criminal offence letter - Single justice procedure notice TfL

[Jen1990]

I went to pick up my kids on foot as it was not far from home, but on my way back from school run I used the train as the kids did not want to walk as the weather had gotten more windy and cold and it was one stop.

I used my contactless on my phone but it said seek assistance red signal which is what I told the inspectors when we got to our stop. The operator or ticket inspector told me my contactless was not working because it was blocked by my bank and that he would help me unblock it but needed my details. I obliged and then received the verification letter and explained everything that happened.

I also contacted my bank and they said there was never a block from them. I also contacted TfL and they said they don’t know why my contactless was not working so tech will have a look at it and see what’s happened. And now I have to either plead guilty or not guilty. I already admitted to not being able to pay for the journey as my contactless wasn’t working but normally I would use the physical bank card and it works and tfl even attested to this when I spoke to them. That day I forgot my purse hence why I used my contactless only for it not to work.

I have received a single justice procedure notice and I have sent a letter and email to iap at TfL to settle out of court as a criminal record would be disproportionate and added my mitigating circumstances. But it’s been a week and no response and I need to send my plea by 11th April. I wanted to just send the guilty plea and add all my evidence of mitigating factors. Also how do I go about asking for a copy of the transcript between me and the inspector because I know he was not recording as he turned it off infront of me and the kids. Any advice is welcome.

 

[AlterEgo]

Regrettably, TfL have decided to charge you and our experience is that they do not cancel proceedings.

Do you have a copy of the SJPN/summons to post? They almost always charge you under a TfL Bylaw, but it would be helpful for us to examine the charge to make sure they are charging you under the correct legislation. The witness statement should be included with this bundle which will show the conversation you had - but, I assume, this conversation will not contain a defence you can use?

Could we also see your “initial response” you allude to in your latest letter?

 

[Jen1990]

@AlterEgo thank you for your response. I have attached the charge notice. Looking for the response to the verification letter.
Also the conversation I had with the TfL staff and the bank shows that the inspector was wrong because he told me it was my bank but my bank said it wasn’t them and tfl also said they don’t know why. And my last name is wrong by one letter which I had to repeatedly correct him on that when he got my details.

 

[AlterEgo]

@AlterEgo thank you for your response. I have attached the charge notice. Looking for the response to the verification letter.
Also the conversation I had with the TfL staff and the bank shows that the inspector was wrong because he told me it was my bank but my bank said it wasn’t them and tfl also said they don’t know why.

It’s not relevant to the offence I’m afraid. The card was declined for payment and whether you knew that or whether you intended to evade the fare isn’t a defence. The only thing TfL need to prove under the Bylaw they have charged you with is that you didn’t have a valid ticket, something which it seems neither you nor TfL are in dispute about. This means you are guilty if the offence; like speeding, this is a strict liability matter and no intent need be proven.

London City Airport is a clearly marked compulsory ticket area with a red line and signs, so entering it without a valid ticket is an offence. Entering it when your card beeps red, and says “seek assistance” is asking for trouble. Regrettably it seems you were caught and TfL are within their rights to charge you regardless of whether the inspector guessed rightly or wrongly about whether it was your fault or the bank’s fault or whoever’s fault the card was declined.

And my last name is wrong by one letter which I had to repeatedly correct him on that when he got my details.

Nothing turns on this.

 

[Jen1990]

@AlterEgo thank you for your response and unfortunately I normally use my physical bank card and don’t really pay attention to whether it is compulsory or not when travelling to be honest.

I’m just afraid this is going to send me into depression as I suffer from anxiety and a criminal conviction is going to derail my future.

Thank you once again.

 

[Titfield]

@AlterEgo thank you for your response and unfortunately I normally use my physical bank card and don’t really pay attention to whether it is compulsory or not when travelling to be honest.

I’m just afraid this is going to send me into depression as I suffer from anxiety and a criminal conviction is going to derail my future.

Thank you once again.

A criminal conviction is unlikely to derail your future. A conviction of this type is spent immediately and does not have to be disclosed unless you work in a profession or occupation which does require disclosure of all offences.

see the unlock website for more information https://unlock.org.uk/

 

[Jen1990]

@AlterEgo and @Titfield Update!! Spoke to a solicitor and she advised that there may have been a technical issue with why the payment didn’t go through in the first place and I should seek a case management hearing. I also contacted Apple Pay and they said there is no issues on their end having checked the Apple Pay. So it’s looking like I would need to get a new card for it to work.

Should I go ahead with the case management hearing to buy time and try and resolve the matter with TFL out of court?

 

[JordR]

TfL don't settle out of court, they only ever issue a warning or prosecute.

Remember to complete the offence it doesn't matter why you didn't hold a valid ticket (or validated contactless card) because the crime is strict liability, similar to speeding. Just that it did happen is enough.

If you're paying to be advised by a solicitor though, you should probably listen to them rather than a forum.

 

[Jen1990]

Thank you for all your responses thus far.

I received the advise which was very helpful, but did not instruct, due to lack of funds. I am pleading not guilty to buy me more time to try and plead with the prosecution investigator in order to get an out of court settlement. Please could anyone help me on how best to word the not guilty plea to get a case management hearing to buy time. I already accepted its my fault and i take full responsibility for it, this situation is making me physically sick that even yesterday the ambulance service was called as i fainted in the bathroom.

Please any help will be appreciated. I have to respond today and I am doing it online and would like to send it off by midday.

Thank you

 

[Knoodlepot]

Thank you for all your responses thus far.

I received the advise which was very helpful, but did not instruct, due to lack of funds. I am pleading not guilty to buy me more time to try and plead with the prosecution investigator in order to get an out of court settlement. Please could anyone help me on how best to word the not guilty plea to get a case management hearing to buy time. I already accepted its my fault and i take full responsibility for it, this situation is making me physically sick that even yesterday the ambulance service was called as i fainted in the bathroom.

Please any help will be appreciated. I have to respond today and I am doing it online and would like to send it off by midday.

Thank you

TfL only prosecute or final warning which is very rare.

 

[Jen1990]

@Knoodlepot many thanks for your response. I am hoping and praying for a Final Warning and given exceptional circumstances regarding this. I wouldn't mind giving a guilty plea (because i am guilty regardless) but I honestly won't be able to handle a criminal record and as I am it would send me into depression. Hence why i wanted to plead not guilty to leave a door open for some sort of resolution without court action.

 

[Knoodlepot]

@Knoodlepot many thanks for your response. I am hoping and praying for a Final Warning and given exceptional circumstances regarding this. I wouldn't mind giving a guilty plea (because i am guilty regardless) but I honestly won't be able to handle a criminal record and as I am it would send me into depression. Hence why i wanted to plead not guilty to leave a door open for some sort of resolution without court action.

Forum members with more experience will able to suggest what to do next.
But TfL very rarely give final warnings. So far only those that have used a solicitor were given a final warning and even then there are a few that even with a solicitor were still taken to court.

You can find a few on this forum.

 

[Titfield]

Thank you for all your responses thus far.

I received the advise which was very helpful, but did not instruct, due to lack of funds. I am pleading not guilty to buy me more time to try and plead with the prosecution investigator in order to get an out of court settlement. Please could anyone help me on how best to word the not guilty plea to get a case management hearing to buy time. I already accepted its my fault and i take full responsibility for it, this situation is making me physically sick that even yesterday the ambulance service was called as i fainted in the bathroom.

Please any help will be appreciated. I have to respond today and I am doing it online and would like to send it off by midday.

Thank you

Whether A case management hearing is required is decided by a judge having reviewed the submissions to date. You should plead not guilty and then state (as reasons) it is your sincere belief that there was a fault in the TfL payment system which gave rise to payment not being taken. You have to make it clear that the fault lay on their side and not yours (citing you have checked with your bank that there was no fault on their side). You need to provide sufficient grounds to encourage the judge to order a case management meeting so that evidence can be submitted and reviewed. Hope this assists.

 

[AlterEgo]

I am pleading not guilty to buy me more time to try and plead with the prosecution investigator in order to get an out of court settlement

TfL don’t settle out of court; they only give a Final Warning. The problem here is we have only seen them do this, in exceptional cases, and usually where at least two of the following are satisfied:

a) there is exceptional mitigation
b) the accused is represented by a solicitor
c) at the stage where one responds to a Verification Letter, and certainly before any court action has started.

Please could anyone help me on how best to word the not guilty plea to get a case management hearing to buy time. I already accepted its my fault and i take full responsibility for it, this situation is making me physically sick that even yesterday the ambulance service was called as i fainted in the bathroom.

A Bylaw prosecution is a very minor matter. It might not feel like it right now, but for context, TfL prosecuted more than 17,000 people for this offence last financial year alone. A bylaw matter is strict liability meaning no intent need be proven, and also that anyone declaring one does not have their honesty and integrity placed under scrutiny (it isn’t theft of fraud, for example).

I will let other members with more experience tell you about how to try for a case management hearing, but you should be aware of two things:

1) not pleading guilty at the earliest opportunity means you will lose the maximum one third discount off a fine, and

2) you need to be clear - what is the case management hearing *for*? It won’t be to settle the matter with the prosecutor. What do you intend to do at this hearing, and what is the case *really about*? You will be going in unrepresented to this which I would not usually think is a great idea and you need to have a lot of clarity about your intentions and be realistic about the outcome.

Whether A case management hearing is required is decided by a judge having reviewed the submissions to date. You should plead not guilty and then state (as reasons) it is your sincere belief that there was a fault in the TfL payment system which gave rise to payment not being taken. You have to make it clear that the fault lay on their side and not yours (citing you have checked with your bank that there was no fault on their side). You need to provide sufficient grounds to encourage the judge to order a case management meeting so that evidence can be submitted and reviewed. Hope this assists.

Critically, the OP also needs to understand that regardless, they knew they did not successfully tap in and still decided to travel ticketless. They knew they had no ticket. This is something TfL will bring up. And, importantly, I feel the magistrate will be uninterested in any evidence where the bank say “yeah ok wasn’t us, we didn’t decline it”, but will be much more interested in conclusive evidence the refused payment was:

a) the fault of the victim (TfL) here, and
b) that the OP had no other choice in the matter

Is there any evidence TfL are at fault here?

 

[island]

Whether A case management hearing is required is decided by a judge having reviewed the submissions to date.

It will almost certainly be magistrates dealing with this, and not a judge.

I will let other members with more experience tell you about how to try for a case management hearing, but you should be aware of two things:

1) not pleading guilty at the earliest opportunity means you will lose the maximum one third discount off a fine, and

2) you need to be clear - what is the case management hearing *for*? It won’t be to settle the matter with the prosecutor. What do you intend to do at this hearing, and what is the case *really about*? You will be going in unrepresented to this which I would not usually think is a great idea and you need to have a lot of clarity about your intentions and be realistic about the outcome.

These are both correct.

A case management hearing, which is very rare in the magistrates court, needs to have an actual purpose in managing the case. It is not a way to "buy time" or put off the inevitable, and any application for one will need to be based on a clear reason why it is necessary.

TfL do not settle out of court.

this situation is making me physically sick that even yesterday the ambulance service was called as i fainted in the bathroom.

If this is the case, then surely drawing out the process with additional hearings is the last thing you want to do and it is in your interest to get things over and done with.

Critically, the OP also needs to understand that regardless, they knew they did not successfully tap in and still decided to travel ticketless. They knew they had no ticket. This is something TfL will bring up. And, importantly, I feel the magistrate will be uninterested in any evidence where the bank say “yeah ok wasn’t us, we didn’t decline it”, but will be much more interested in conclusive evidence the refused payment was:

a) the fault of the victim (TfL) here, and
b) that the OP had no other choice in the matter

This is also correct. The magistrates will not be interested in minutiae about the banking system. London City Airport has a multitude of ticket machines, as well as (I believe) a ticket office. The defendant knew that the card declined. Someone who wanted to pay their fare for the journey could have done so using other facilities.

 

[Jen1990]

Many thanks for all your responses, I understand that the onus is on me to have a valid ticket and I should have thought about going out to purchase a ticket, but from school run and all the other mums and kids tried to get into the lift and pack it out to go to the platform and then your kids start to talk about heir day at school and you genuinely forget yourself, you are talking to one mum and the kids are playing together you don't think about it. I know its not an excuse and I should have made a better choice at the time. Now i'm physically weak and all I want is to be honest but also wait for a response from TFL if they will agree to settle out court even with a final warning. So I can plead Guilty and give additional information to the court and hope for the best or Plead Not Guilty and give no explanation to buy more time.

If Case management is going to complicate things I just want to deal with it the best way I can because I also have a kidney issue, that paramedics mentioned yesterday that I need to be careful and take care of myself to prevent it from not functioning well. This is another factor i have to deal with now. I work in the Security industry as well as Aviation. I am due to renew my Licence in September 2025 and this will be something i have to disclose.

I also need to plead today (deadline day)

 

[island]

If Case management is going to complicate things I just want to deal with it the best way I can

If you could tell us, in a few sentences, what you think a case management hearing would achieve, that would be very helpful.

 

[AlterEgo]

So I can plead Guilty and give additional information to the court and hope for the best

The only outcome from this is a conviction under the TfL Bylaws. The result will be:

- A fine based on your income (the sentence for the offence and discounted by a third if you plead guilty at the first opportunity)
- A surcharge of 40% of the value of the fine
- A contribution towards TfL's costs
- Compensation for the fare avoided

or Plead Not Guilty and give no explanation to buy more time.

If Case management is going to complicate things I just want to deal with it the best way I can

If you have no representation then a case management hearing might not be in your best interests. You have no evidence TfL are at fault here and, from what I can see, no basis on which to challenge the facts of the case. You can’t just ask for one and then use it to stall for time. While none of us are mind readers, TfL will almost certainly not, at this extremely late stage, issue a Final Warning. They have decided to prosecute you for the offence.

As @island has suggested it would be helpful for you to set out briefly what you hope to achieve from a case management hearing and how you plan to achieve that.

 

[Titfield]

It will almost certainly be magistrates dealing with this, and not a judge.

Yes agreed. The point I intended to convey that it would be the court and not TfL which would agree to or decline any application for a case management meeting or decision.

On reflection I think it would be best to plead guilty and manage the consequences rather than trying to win the case or seek TfL to withdraw.

 

[Jen1990]

I just thought it would give me time to communicate with Tfl as advised by a solicitor so i could wait for correspondence regarding my request to settle out of court. (i don't actually intend for the matter to get to court) I just need time to try and persuade tfl that is why i thought case management may help. Having read what you all said I will just plead Guilty and deal with the consequences thereafter, will the conviction be spent after a year and can i still mention my circumstances for the court to take it into consideration?

 

[spotify95]

I just thought it would give me time to communicate with Tfl as advised by a solicitor so i could wait for correspondence regarding my request to settle out of court. (i don't actually intend for the matter to get to court) I just need time to try and persuade tfl that is why i thought case management may help. Having read what you all said I will just plead Guilty and deal with the consequences thereafter, will the conviction be spent after a year and can i still mention my circumstances for the court to take it into consideration?

Hi,
Pleading guilty now would probably be the best, as you'll get the biggest discount on the fine and surcharge.
You can mention anything you would like the court to take into consideration when returning the plea to the court.

The bylaw convictions (which this will be) is very low in severity (at least compared to other convictions) so assuming you pay the fine on time, it will be spent in one year - although do check your employment handbook regarding declaration of convictions.

 

[AlterEgo]

I just thought it would give me time to communicate with Tfl as advised by a solicitor so i could wait for correspondence regarding my request to settle out of court. (i don't actually intend for the matter to get to court) I just need time to try and persuade tfl that is why i thought case management may help. Having read what you all said I will just plead Guilty and deal with the consequences thereafter, will the conviction be spent after a year and can i still mention my circumstances for the court to take it into consideration?

The conviction will be spent after a year which means after that point, *in nearly all circumstances* in every day life it will be illegal for most people to get to to declare it, and perfectly legal for you to conceal a spent conviction even if asked.

However, importantly, you should know the SIA like all agencies dealing with preventing public harm is not subject to the provisions of the Rehabilitation of Offenders Act - you need to declare this conviction to them whenever they ask about your criminal record, even after it is spent.

 

[adebodun52]

TfL don’t settle out of court; they only give a Final Warning. The problem here is we have only seen them do this, in exceptional cases, and usually where at least two of the following are satisfied:

a) there is exceptional mitigation
b) the accused is represented by a solicitor
c) at the stage where one responds to a Verification Letter, and certainly before any court action has started.


A Bylaw prosecution is a very minor matter. It might not feel like it right now, but for context, TfL prosecuted more than 17,000 people for this offence last financial year alone. A bylaw matter is strict liability meaning no intent need be proven, and also that anyone declaring one does not have their honesty and integrity placed under scrutiny (it isn’t theft of fraud, for example).

I will let other members with more experience tell you about how to try for a case management hearing, but you should be aware of two things:

1) not pleading guilty at the earliest opportunity means you will lose the maximum one third discount off a fine, and

2) you need to be clear - what is the case management hearing *for*? It won’t be to settle the matter with the prosecutor. What do you intend to do at this hearing, and what is the case *really about*? You will be going in unrepresented to this which I would not usually think is a great idea and you need to have a lot of clarity about your intentions and be realistic about the outcome.


Critically, the OP also needs to understand that regardless, they knew they did not successfully tap in and still decided to travel ticketless. They knew they had no ticket. This is something TfL will bring up. And, importantly, I feel the magistrate will be uninterested in any evidence where the bank say “yeah ok wasn’t us, we didn’t decline it”, but will be much more interested in conclusive evidence the refused payment was:

a) the fault of the victim (TfL) here, and
b) that the OP had no other choice in the matter

Is there any evidence TfL are at fault here?

I have been summoned court by tfl too but am guilty of the offense of traveling without a sufficient oyster card. Is there anything i could do of not being convicted

 

[Hadders]

I have been summoned court by tfl too but am guilty of the offense of traveling without a sufficient oyster card. Is there anything i could do of not being convicted

This thread is to discuss @Jen1990 case. If you want help with your own case then please start a new thread and we will be happy to assist.

 

[adebodun52]

This thread is to discuss @Jen1990 case. If you want help with your own case then please start a new thread and we will be happy to assist.

Thanks

 

[JordR]

Unfortunately I think it's a near certainty this matter is going to court and it seems very likely you will be convicted if you plead not guilty and will lose the discount to the fine you would receive.

You knew your card was declined, even if it was declined for no reason the TfL card validator correctly indicated that it had not been accepted. We've explained the offence is strict liability, so it doesn't matter what you intended to do beyond that point - you continued into the compulsory ticket area and the crime was completed.

As others have said, this is a very minor crime and it will not have a significant impact for most people. This is likely to be the case even if you work in, or plan to work in, a regulated profession.

 

[Jen1990]

Hi all update! I plead guilty and explained everything that happened and plead with the court to please grant me an out of court settlement. I explained all the errors on the contactless and that I even contacted all 3 companies to find out why it was not working as I genuinely didn’t know why and was told it was my bank which it wasn’t. As I was still making payments with my physical bank card.

I received a letter yesterday stating that I got a conditional discharge and to pay £32 which I have.

Thank you all
(Honesty is the Best Policy)

 

[island]

Thanks for coming back with your update and for letting us know.

Please be aware a conditional discharge is a criminal conviction. You now have a criminal record which will need to be declared if you apply for any jobs, renew insurance, etc. until the end of the conditional period. This period will be on the letter you received from the courts.

 

[WesternLancer]

Hi all update! I plead guilty and explained everything that happened and plead with the court to please grant me an out of court settlement. I explained all the errors on the contactless and that I even contacted all 3 companies to find out why it was not working as I genuinely didn’t know why and was told it was my bank which it wasn’t. As I was still making payments with my physical bank card.

I received a letter yesterday stating that I got a conditional discharge and to pay £32 which I have.

Thank you all
(Honesty is the Best Policy)

This will be helpful info for others to see in future. Thanks for updating. Pleased to hear the financial cost to you was relatively modest.

 

[JordR]

You seem to have got a little confused somewhere along the way. You can't ask a court for an out of court settlement... they're the place where things get resolved in court.

As mentioned, if you've been given a conditional discharge you either pled guilty or were found guilty. You now have a criminal conviction and a criminal record.