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Ash
Ash, Solicitor
Category: Traffic Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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How to deal with the allegation of Travel on a train without

Resolved Question:

how to deal with the allegation of Travel on a train without a valid ticket? as I got caught by using my friend's young person card
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Do you accept the offence? How did you get caught?
Customer: replied 1 year ago.
Hi Alex,I use my friend's young person card to buy the advanced ticket from the cross country, and I got caught on the train by the train inspector...One and a half month later I received the queries letter from Transport investigation Ltd (TIL) regarding to this issue.I have replied to them that I bought this wrong ticket by careless ticking the railcard option, and since the ticket could not be refunded, so I borrowed my friend's YPC to board the train... I told them I wish to pay the fine to make this affair settled down ASAP, however two days ago I received the second letter from TIL which said they are considering to send me to the court with allegation of "Travel on a train without a valid ticket" contrary S.5.3.a Regulation of Railways Act (1889). Could you pls help me deal with this situation? It has become a nightmare to me and almost destroy my life...Thank you very much!
Expert:  Ash replied 1 year ago.
Have you asked them for a second time for an out of court settlement?
Customer: replied 1 year ago.
Not yet, they say "An application for the issue of a Summon may now be made. If you wish to comment further before this matter proceeds, pls respond in writing within 14 days". Do you think it is possible and feasible to ask them for a second time for an out of court settlement? How could I offer to them to make this case settled out of court?Thank you
Expert:  Ash replied 1 year ago.
You should write to them and ask for an out of Court settlement. Clearly if you go to Court you would need to plead guilty and get may get a criminal record. You should therefore instruct a local Solicitor to write to them on your behalf.
Based on what you have said, you have no defence, so should make sure this is settled. The chances are they will, even fare dodgers that have evaded £20k+ have managed to get out of Court settlements.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
So your suggestion is that I could respond to their second letter by myself first, or I had better ask for a local solicitor to write to them on my behalf? I am not sure the meaning of "you have no defense"...Thank you
Expert:  Ash replied 1 year ago.
Yes.
You have no defence to the allegation if it went to Court, you would have to plead guilty. You accept using the card which was not yours.
Does that clarify?
Alex
Customer: replied 1 year ago.
Thank you. If they definitely want to send me to the court and I plead guilty, will I get the criminal record? Will this criminal record be with me the whole life?
Expert:  Ash replied 1 year ago.
Yes its recordable so would get a criminal record. Depending on what sentence you get would depend on whether you need to declare it or not when it becomes spent.
Does that clarify?
Alex
Customer: replied 1 year ago.
Currently I hold tier-2 visa in UK, and I need to extend my visa next year. If I get the criminal record from this case, will I get influence in my job and visa extension? Thank you
Expert:  Ash replied 1 year ago.
Sadly I am not an immigration lawyer, but as I understand it, you would have to declare the conviction.
I am sorry.
ALex
Customer: replied 1 year ago.
Thank you Alex...
Based on your expertise, do you think the TIA will still be determined to send me to the court? Or they could accept the offer settled out of the court?
Expert:  Ash replied 1 year ago.
I really don't know - I would hope they would accept it to avoid the cost and trouble of doing it. But it really depends upon the reviewing officer at the TIA.
Alex
Customer: replied 1 year ago.
So the best way for me to do is to ask my local solicitor to respond to the second letter of TIL on my behalf, and ask for the mercy?
Expert:  Ash replied 1 year ago.
Correct.
Does that help?
Alex
Customer: replied 1 year ago.
Yes, one final question is "Depending on what sentence you get would depend on whether you need to declare it or not when it becomes spent." Could you pls help illustrate it in more explicitly? and I am not sure about the meaning of the "when it becomes spent"
Expert:  Ash replied 1 year ago.
If you had a fine it would be spent after 1 year.
If you had 6 months in prison it would be spent after 6 months.
If you had a community order it would be spent after 1 year
Does that help?
Alex
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