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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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My son has been charged with travelling without a valid ticket

Customer Question

My son has been charged with travelling without a valid ticket on the train. he had bought a return ticket late in the evening and was told verbally by a member of station staff that the ticket could be used on an off peak train the following morning. That advice was wrong and he travelled on the train and reported for not having a valid ticket.
On the statement of facts it states (correctly) that he was on the train at 6.10am however, the statement of facts supplied by the ticket inspector states that he was on the 07.48 train . Can a not guilty ple be entered on the basis of this factual error?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Yes.
However, they will just amend the particulars of the charge as soon as it becomes clear they were mistaken and then he would have to plead as far as that point goes.
Errors in the charge sheet are not usually a brilliant point unless the prosecutor just plain doesn't see it.
I'm very sorry but that is your position.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

This is actually written into the statement of the ticket inspector. Not just a typo on the charge

Expert:  Jo C. replied 1 year ago.
Yes it may be.
They will just correct it.
If they do not he will be acquitted. That cannot be relied upon.
He cannot deny there was an incident at another time.
Customer: replied 1 year ago.

Sorry I do not understand your response.

We have, with the summons, been supplied with the inspectors statement that " I was on duty on the 07.58 train"

Are you saying that this can be changed by the inspectors saying oops I meant to write a different time train"? and that this does not affect the validity of the rest of his statement.

Does this error represent any form of defence?

Expert:  Jo C. replied 1 year ago.
Yes, it does. It is charged incorrectly.
It will fail because they will correct the error.

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