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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70506
Experience:  Over 5 years in practice
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I made a genuine mistake in renewing my daughter travel card..

Resolved Question:

I made a genuine mistake in renewing my daughter travel card.. She works for me and I normally purchase two weekly travel cards on a Sunday to start the following day.. One weekend the 15th Feb 2015, I could not update my daughter's oyster card . The following morning the Monday 16th Feb, I purchased a travelcard but I was not thinking as I had just spent most the weekend with my mum who was seriously ill.. since then has died (17th Apr) due to her illness.. So when I when purchased on the 16th Feb, I was In automatic pilot mode and again pressed the button to start on the following day.. My daughters had some pre pay money on it which got her so far but on her way home , she got stopped and the oystercard confiscated and threatened with prosecution which TfL are now chasing.. The problem is that she had history in the past and I promised once we settled out of court that she would not commit a travel offence again thus, making her work for me and purchasing a travel card every week.. Now they are using her previous and saying this event she did not present her prepay oyster card - I am arguing that to our knowledge it was not pre pay but a proper travel card.. We have to attend a court hearing Now I am arguing if they still want to prosecute someone , it should be me as it was my oystercard, with my credit card used to pay for the travelcards but they want their pound of flesh of my daughter ..
Please advise
Warmest regards
Anil
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help with this please?
Customer: replied 2 years ago.

Basically, do we have a genuine case and plead not guilty and case removed? I really don't have the time or can afford the time away as I run my business but it was my fault... or is there no circumstances where a mistake like this can occur and we have to pay the fine .. I was happy to pay the daily charge but they are desperate to prosecute

Expert:  Jo C. replied 2 years ago.
Not if this is regulation 18 of the Railway Byelaws.
That is a strict liability offence and ultimately it is down to the person who was using the railway service.
It is mitigation of course. Had this been a first incident they might have been willing to accept the out of court settlement again but clearly it is not and they will be saying that it gives rise to suspicion. Generally those who prosecute all the time do tend to have suspicious minds.
It is quite difficult to tell from your post above what is actually happening. If you can be clearer then I can probably offer more. If they are just chasing oustanding payment then clearly that is due. If they are seeking to enforce a fine then the threat therein is a prosecution under the railway bye laws and since there is no defence to that it is probably not the best idea to challenge it.
If they do summons though you are not the liable person. It is down to your daughter as she was the person using the railway.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Thanks Jo

It is not a repayment they are after, they even refunded me the travel card money that I put on it albeit to start a day late.. The previous case has nothing to do with this as it was my responsibility - Even then, I told TfL there were mitigating reasons why she did what she did ( clinically depressed she had counselling and had improved hence why I promised TfL it would not never occur again as I would purchase a travel card every week when she started working for me ) I have receipts for every week to validate this

So what you are saying .. I have no case .. There is nothing to prevent a momentary lapse of concentration to make them do what they want ?

Expert:  Jo C. replied 2 years ago.
Not on this basis.
This is an offence of strict liability and unless she had a ticket or an Oyster card in good order then she is guilty of the offence under Regulation 18.
You can always put them to proof. Sometimes that does succeed but it is obviously a risk.
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