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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70209
Experience:  Over 5 years in practice
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Good afternoon, could you please let me know a solicitor in

Customer Question

Good afternoon, could you please let me know a solicitor in Bromley, Kent who would take on a case from TfL. They are taking me to court having charged me with ...entering a compulsory ticket area without having a valid ticket. Contrary to Byelaw 17(1) of the TfL Railway Bayelaws made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962.
I mistakenly used my husbands Freedom pass and was stopped. This resulted in the above charge. I would need advice whether to plead guilty or not as I would obviously like to avoid getting a criminal record. Thank you for your help. Marina Bray *********** ***@******.***
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.
Are you asking whether to plead?
Or for a referral to a firm? Can you pay privately?
Customer: replied 2 years ago.

Two questions, really. I am inclined to plead not guilty as it was a mistake, however, I have been told that this is pointless as in the eyes of the law I am guilty. What is your advice? Also, is there a legal practice in Bromley, Kent which would take on a case like this? Also, if I do plead guilty, will I automatically acquire a criminal record and what are the consequences of this?

Expert:  Jo C. replied 2 years ago.
What you have been told is correct. This is a strict liability offence and your account above does not amount to a defence.
It might be worth making an offer to TFL to settle out of court as they do that sometimes but if they refuse and insist then you should plead as this is not a defence.
In relation to a firm, this is not an offence that would attract legal aid. Therefore you would have to pay privately. If you are going to pay privately then actually it would be much cheaper to use a barrister under public access.
If you do plead then this is a criminal matter but it is not recordable so it would not show on your DBS checks and it only carries a fine.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

You say it is not recordable, what does that mean? For instance, if I were to apply for a Visa for the United States, would this prohibit me from doing so? Any other implications?

Expert:  Jo C. replied 2 years ago.
It isn't recorded on DBS.
I don't do immigration or visas. They are separate issues really. A non recordable offence is like a speeding offence so it shouldnt be an issue in either circumstance.
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you for your help. I think I plead guilt and write a mitigation circumstances letter with the plea. Any advice what I should definitely put into the mitigation letter (i.e., it was a mistake, I have no previous record, etc.). Any advice would be appreciated.

Expert:  Jo C. replied 2 years ago.
Are you prepared to offer to settle out of court?
Customer: replied 2 years ago.

Yes, I am. I have tried calling them, but the number was engaged. They made an application for £125 contribution towards the costs of Transport for London and a further application for compensation of £4.80 in respect of the fare avoided. I thought I may offer them £250? (double what they asked for) Do you think that may be sufficient? Your advice is appreciated.

Expert:  Jo C. replied 2 years ago.
Usually they are looking for £250 - £300.
I would try that first.
Failing that, plead guilty but it might well succeed.
Customer: replied 2 years ago.

Thank you. If they do not reply, can I make that offer by email to them?

Expert:  Jo C. replied 2 years ago.
You really need to phone them.
You can't guarantee they would reply to an email.
You can send an email anyway but I would keep trying.
Customer: replied 2 years ago.

Thank you, ***** ***** trying.

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

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