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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69784
Experience:  Over 5 years in practice
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My 18 year old son used a travel card issued to his father

Customer Question

My 18 year old son used a travel card issued to his father on the bus and was stopped by the ticket inspector. He didn't know it wasn't transferable. Does he plead guilty or not guilty next Tuesday at the magistrates court?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

What offence have they charged him with ?

Is this fare evasion or the Railway Bye Laws?
Customer: replied 2 years ago.

Hi Jo,


 


They have charged him with 71b: using a pass issued to anther person. Transport for London, on the bus.

Expert:  Jo C. replied 2 years ago.
S71b of what? It will be on the summons sheet.
Customer: replied 2 years ago.

Regulation 7 (1)(b) of the public service vehicles (Conduct of drivers, inspectors, conductors & passengers) regulations 1990 SI No. 1020 and contrary yo section 25 (3) of the public passengers vehicles act 1981.

Expert:  Jo C. replied 2 years ago.
I see what you mean.

I misread your original post to read 71.

Is this the first incident?
Customer: replied 2 years ago.

Apologies, my mistake am very nervous and worried about my son. Have never been to court before, the unknown is very daunting. Yes this is his first incident ever.

Expert:  Jo C. replied 2 years ago.
Thanks.

I am rather surprised they are summonsing him on a first offence. In any event, the fact remains that they are.

There is no way around the fact that he is guilty. The only question is how to avoid a conviction and whether you are prepared to do so.

If you call them and make an offer to settle out of court then I know that they will accept that sometimes. I have to say that I would love to know on what basis they think they can do so. However, I know of several cases where they have settled for an offer of £300 and I suppose its a case of not looking a gift horse in the mouth.

If that does fail, then he can always go to court and renew the offer but probably they will refuse at that stage.

If negotiations do fail entirely then he can always plead not guilty and put them to prove on what they allege. Sometimes they do fail to prepare cases properly and have to drop them.

The risk is that if they do prepare properly and he is convicted then he will be liable for costs would could be several hundred.

Ultimately, he does not have a defence on the facts that you present here and should really be pleading guilty. Its not a very serious offence and won't have a huge impact upon his character.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

He doesnt deny having the card, he told them it belonged to his father. He has never used a travel card before and assumed the same principles of an Oyster card card would apply. He didnt know it wasnt transferrable and offered to use his oystercard that he had on him, which only had enough funds on it to get him home from his part time job (he works 11 hours a week) He is a student in a gap year trying to improve his good a level passes to higher grades, as he has been offered a place at uni. He will plead guilty, but will he get the opportunity to explain and will it affect his future prospects?

Expert:  Jo C. replied 2 years ago.
Yes, he can say what he wants to in mitigation.

In terms of his future, it is a conviction and they are never a commendation. He will have to keep declaring it and explaining but its not the worst conviction in the world. It will drop off even his enhanced CRB check after 11 years.
Jo C., Barrister
Category: Law
Satisfied Customers: 69784
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Expert:  Jo C. replied 2 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Customer: replied 2 years ago.

Hopefully after this I wont need you again, but thank you so much for your help. The case is next week Tuesday and I'm losing sleep with worry over this. I will keep your details for future reference though. We will tick the guilty box and return the plea and statement of income form.


 


Thank you once again.


 


 


 


With kind regards


 


Brenda Mott.

Expert:  Jo C. replied 2 years ago.
No problem.

It is worth calling them to see if they will accept an out of court settlement.
Customer: replied 2 years ago.

How should I go about it? Technically my son is an adult at 18 years old. He works 11 hours a week or 4 hours on a thursday, saturday and sunday. His take home is £278.51/month. After outgoings he is left with approx £12, as he is trying to be responsible and learn some independance before going to university in the autumn.

Expert:  Jo C. replied 2 years ago.
Well, he would have to make the offer and they would be looking for something like £300 I'm afraid.

You just phone them. Its always better to write in but you don't have time now.
Customer: replied 2 years ago.

I'll try tomorrow, but should I still return the forms to the courts in the meantime, or wait until after I have spoken to them at TFL. The requisition says 'An application will be made in court for £125 contribution towards the costs of TFL. There will also be an application for compensation of £2.40 fare in respect of the fare avoided. Further costs may be incurred if additional documentation is required or if the matter is not resolved at the earliest opportunity'

Expert:  Jo C. replied 2 years ago.
No, do nothing until you have a response from them. There is no point in agreeing something if you have already pleaded.
Customer: replied 2 years ago.

Ok, thank you for your help again. Will let you know the outcome.

Expert:  Jo C. replied 2 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.
Customer: replied 2 years ago.

For Jo C,


 


The problem has been resolved, we were able to settle out of court for £250.


 


Thank you so much for all your help and advice. I would recommend your service for people in my situation who simply need some guidance. Thank you again.


 


With kind regards


 


B Mott

Expert:  Jo C. replied 2 years ago.
Thats fantastic.

Glad it worked out.

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