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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69356
Experience:  Over 5 years in practice
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I got caught using invalid osyter card (60+ London Oyster

Customer Question

I got caught using invalid osyter card (60+ London Oyster card) that belonged to my mother. Now I have to appear in court this Thursday and it states I might get a criminal record. What can I do to prevent this from happening?
Submitted: 5 months ago.
Category: Law
Customer: replied 5 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 5 months ago.
They can see that I've used it more than once. They printed out a history journeys I've done, which shows up to 43 similar journeys that has been made between 3rd Feb till 11th March totalling £210.70 in unpaid fares. They have also asked for my income and out goings and saving I have.
Expert:  Jo C. replied 5 months ago.

What is your defence?

Customer: replied 5 months ago.
To be honest I've just been trying to save money
Customer: replied 5 months ago.
I don't really have a defence, that's why I want to get as much advice as I can
Customer: replied 5 months ago.
Expert:  Jo C. replied 5 months ago.

There are not really any magic wands. The reality is that they are prosecuting you and if convicted you will receive a criminal records.

You do not have a defence and so would have no option but to plead guilty.

You could always offer to settle the matter out of court. Sometimes they will agree to that but it cannot be guaranteed. Usually they are looking for some of about £300.

The only issue here is whether or not the previous journeys mean that they would not accept an out-of-court settlement.

Expert:  Jo C. replied 5 months ago.

Can I clarify anything for you? Jo

Customer: replied 5 months ago.
How can I go about that? As my court date is on the 7th which is in two days. Who do I contact?
Customer: replied 5 months ago.
Is it to late to settle this outside court?
Expert:  Jo C. replied 5 months ago.

It is not particularly that it is too late. The problem here is that it is the wrong type case as they seem to be able prove that you have done this many times before and that would mitigate in favour of prosecution.

Customer: replied 5 months ago.
Is it a high chance I'll get a Criminal record?
Customer: replied 5 months ago.
Is there anything I could say to PR event that from happening?
Customer: replied 5 months ago.
Is there anything I could say to prevent that from happening?*
Customer: replied 5 months ago.
Would they go as far to look at cameras? Because I can just deney it?
Expert:  Jo C. replied 5 months ago.

You cannot deny it as that would not be true.

You can only either tell the truth or say nothing in the course of legal proceedings.

Expert:  Jo C. replied 5 months ago.

There is a risk of prosecution here but all you can do is offer.

Customer: replied 5 months ago.
How long would this kind of criminal record stay in file?
Expert:  Jo C. replied 5 months ago.

For life. All records are for life.

It will stay on enhanced checking for life, on standard for eleven years and on basic for a year.

Customer: replied 5 months ago.
Do most people get criminal record for the conviction? Or do they get a high fine?
Expert:  Jo C. replied 5 months ago.

A fine is a conviction which is a criminal record.

Customer: replied 5 months ago.
How can I settle it outside of court?
Customer: replied 5 months ago.
Who do I speak to?
Expert:  Jo C. replied 5 months ago.

It depends who is prosecuting you but usually there is a number quoted in the literature.

Failing that you would have to go to court and make the offer directly.

Customer: replied 5 months ago.
Having a criminal record, would that affect my credit score? Which will affect me taking out a mortgage?
Expert:  Jo C. replied 5 months ago.

No. It should not impact upon a credit score.

You are sometimes asked during insurance applications but no more.

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