Stopped whilst accidentally using my mum's Disable Freedom pass

[genuinemistake]

Also some of my messages go under moderator approval, and invisible anybody know why this is?

Hi, sorry for my late response. I turned 18 in August and was stopped in September. I was advised to email tfl and provided the draft I sent above. I have put their response above also which arrived today. The deadline was 17 Jan no mention of bank holidays and yes I am able to respond online. Does the 15 days begin once it reaches my address? It was sent by first class I can see the stamp on the letter. Also I will contact my university for help but if you have any other advice regarding their response I would appreciate any help. Thanks.

still under approval?

 

[Hadders]

Also some of my messages go under moderator approval, and invisible anybody know why this is?

Sometimes the forum software will ask for moderator approval before a post is displayed. This sometimes happens if the software thinks it might be spam or if a post has been edited.

While it can be frustrating someone from the moderating team will get it approved asap.

 

[genuinemistake]

Sometimes the forum software will ask for moderator approval before a post is displayed. This sometimes happens if the software thinks it might be spam or if a post has been edited.

While it can be frustrating someone from the moderating team will get it approved asap.

Thanks. I have contacted my university for help towards a solicitor. I need to respond today and don't know if a solicitor would be able to assist in time. Can I send in my plea then get a lawyer or should I try get the court to delay your proceedings but surely I would still need to submit a plea to do this.

 

[Hadders]

Thanks. I have contacted my university for help towards a solicitor. I need to respond today and don't know if a solicitor would be able to assist in time. Can I send in my plea then get a lawyer or should I try get the court to delay your proceedings but surely I would still need to submit a plea to do this.

If you return the SJPN and plead guilty (whether you ask for a hearing or not) then that’s it, you’re guilty. If you ask to attend in person you could give your mitigation but that wouldn’t change the guilty verdict, only the punishment imposed.

If you plead not guilty then a trial would be arranged. You could argue whether you’re guilty (or not) in court. Based on what you have told us you would be found guilty because the offence was committed, however unintentional it was.

I am not a solicitor, and I would recommend getting professional advice given where things are, but if you cannot get advice from a solicitor today I would send a not guilty plea back which would buy some time for a solicitor to try and negotiate a favourable outcome with TfL. If these negotiations proved unsuccessful you could then change your plea to guilty. You would possibly lose some of the discount on the fine for pleading guilty at the earliest opportunity but it’s probably the best way of keeping options open at the moment.

I do think you need to face up to the reality that this case is almost certainly going to end up in court.

 

[Puffing Devil]

Agree with the advice to return the notice today with a not-guilty plea as you explore other avenues. If you do plead guilty at the first appearance in person, the impact on any fine discount should be minimal, especially if you explain the reason for the plea to the court.

Also - if you have solid evidence that you had a valid TfL pass at the time and there was no loss to TfL as a result of a mix-up of picking up the wrong pass, I would take this to the court and ask that they consider a "Absolute Discharge", this was the result of human error, there was no intention to avoid a fare and no loss to TfL. A solicitor would be better prepared to make this argument and make representations to TfL.

 

[John R]

Re solicitors we have seen a few cases where a firm called Manak has been successful. There are others but I can’t remember their names I’m afraid.

 

[WesternLancer]

Re solicitors we have seen a few cases where a firm called Manak has been successful. There are others but I can’t remember their names I’m afraid.

Yes, this is the link for Manak

Fare Evasion Solicitors | Kent & London | Manak Solicitors

Manak Solicitors: Skilled legal defence for fare evasion cases. Rely on our experienced team to protect your rights, challenge penalties, and guide you through the process.

manaksolicitors.co.uk

another one is Penman Sedgewick

Solicitors in Watford - Penman Sedgwick

Whether you're going through a divorce or need a will, probate or selling residential property, we have the specialised legal team you need.

penmansedgwick.com

But the more urgently you need help the higher the price for solicitors services is likely to be I fear - so the advice on a way forward in post #34 might help with that in terms of generating a bit more time, if the OP wants to go down the solicitors route.

Those firms are known to specialise in fare evasion work. A referral via the Student Union to a firm they have a relationship with might be cheaper, but such a firm may possibly have more limited fare evasion experience, which may or may not make a difference.

 

[Haywain]

It's worth bearing in mind that the cost of engaging a solicitor is likely to be in the region of £700. This is likely to be more than the amount you will have to pay in fine and costs if the matter goes to court.

 

[WesternLancer]

It's worth bearing in mind that the cost of engaging a solicitor is likely to be in the region of £700. This is likely to be more than the amount you will have to pay in fine and costs if the matter goes to court.

A point very important to make - the OP should thus really weigh up the impact a criminal record for this sort of (relatively minor) offence might have on them and their immediate prospects when entering the workforce on graduation, chosen area of career etc when balancing that out to make an informed decision.

eg £700 is a lot of money, but not much in terms of pay if you can get the job of your dreams sooner rather than later (if the record had an impact on that which is hard to ever know for certain)

Hopefully the advice here can help the OP take an informed decision.

 

[genuinemistake]

Agree with the advice to return the notice today with a not-guilty plea as you explore other avenues. If you do plead guilty at the first appearance in person, the impact on any fine discount should be minimal, especially if you explain the reason for the plea to the court.

Also - if you have solid evidence that you had a valid TfL pass at the time and there was no loss to TfL as a result of a mix-up of picking up the wrong pass, I would take this to the court and ask that they consider a "Absolute Discharge", this was the result of human error, there was no intention to avoid a fare and no loss to TfL. A solicitor would be better prepared to make this argument and make representations to TfL.

Should I complete the form online? Or send in a form. If I do the online form they will know for sure I responded late.

 

[genuinemistake]

Yes, this is the link for Manak

Fare Evasion Solicitors | Kent & London | Manak Solicitors

Manak Solicitors: Skilled legal defence for fare evasion cases. Rely on our experienced team to protect your rights, challenge penalties, and guide you through the process.

manaksolicitors.co.uk

another one is Penman Sedgewick

Solicitors in Watford - Penman Sedgwick

Whether you're going through a divorce or need a will, probate or selling residential property, we have the specialised legal team you need.

penmansedgwick.com

But the more urgently you need help the higher the price for solicitors services is likely to be I fear - so the advice on a way forward in post #34 might help with that in terms of generating a bit more time, if the OP wants to go down the solicitors route.

Those firms are known to specialise in fare evasion work. A referral via the Student Union to a firm they have a relationship with might be cheaper, but such a firm may possibly have more limited fare evasion experience, which may or may not make a difference.

I spoke to Manak and they said that they need to know if I have been convicted or not as I have not sent the form back and could have been already and to confirm with the court but I am currently on the phone and nobody has yet answered and they close at 5

 

[Puffing Devil]

I spoke to Manak and they said that they need to know if I have been convicted or not as I have not sent the form back and could have been already and to confirm with the court but I am currently on the phone and nobody has yet answered and they close at 5

You are not convicted, you are 2 days late in sending in the SJPN response. I hope you've sent that today. It would be very unusual for them to list your matter so soon in the absence of a reply.

 

[Manak]

Thank you all for the excellent contributions above and the recommendation in regards to our firm, it is appreciated. I agree with the position communicated above to protect OP position re the summons. More time will certainly be required.


We will do our best to secure a warning.