How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask James Mather Your Own Question
James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
Type Your Law Question Here...
James Mather is online now

I got a summons to appear at court for not travelling on a

Customer Question

I got a summons to appear at court for not travelling on a train with out a valid ticket.
I got to the train station and realize that I forgot my wallet.
I told the ticket inspector what happened, he advise me it is a offence not to have a valid ticket for travel, he then asked me if I could call; someone at my home to bring the wallet down to the train station I told him I did have my mobile phone on me, then he went to his bag and produce witness statement form MG11, he asked me for my details, which I provided and he check the details. He inform me that the south eastern protection office would call me, to explain what happened and I would have to pay the fare or the penalty fine. after few weeks I received the letter from the protection office asking what happened and on the letter it said not send payment to the office.
the letter was dated on 14th June and I did receive the letter till the 20th June i filled in the details and explain my case on the back of the letter, ON THE letter it states I have seven days to response. I sent the letter back on 21st June and registered it.
I did receive any more correspondence from the protection, till yesterday I received a summons to appear at court on the 21st August.
What is my next step
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.

Hello, I am Law
Denning and I am a practising solicitor in a High Street practice. I have been
an expert on this website in UK law since 2008. During that time, as you
appreciate, I have answered thousands of questions from satisfied users on a
variety of subjects.

we are all in practice with clients and court and other users, I might not always respond in minutes,
particularly evenings and weekends. Please bear with me in that case.

bear with me if I ask for some more information from you. I may need some more
details in order for me to be able to answer you further.

is the relevance of you not having your wallet with you? Did you have a valid
travel pass in your wallet?

bear with me today because I will be online and off

Customer: replied 4 years ago.

no I did a vaild travel pass in my wallet I had my
bank card and money in it.

Expert:  James Mather replied 4 years ago.

you say that you
did a travel pass in your wallet.

Do you mean that
you did have a travel pass in your wallet or you did not have a travel pass in
your wallet? I think you mean that you did not. Please confirm.

in which case, you
were travelling without a valid ticket which is an offence.

What do you want to

Presumably you are
going to plead guilty.

If you have not
been offered the opportunity of the fixed penalty, you are faced with attending
court pleading guilty.

Customer: replied 4 years ago.

I asked the ticket inspector for relevant details to pay the penalty fare,he replied they will contact you, for you to pay the fine, which I was not given the choice; I got a summons instead, my point is that why should I plead gulity when other people get offered a chance to pay the penalty fine, which I thought I was going to get that chance to do so.

What can I do to resolve this

Expert:  James Mather replied 4 years ago.

There is no
statutory right to a fixed penalty. It is a concession.

You can write to
the CPS or above is bringing the prosecution and ask for them to deal with this
by way of fixed penalty in order to avoid wasting court time.

If this proceeds to
court, produced the copy letter to the court and ask for it to be dealt with on
the same basis.

Customer: replied 4 years ago.

I will write the letter to the protection office.

Do you think I need legal representation at court if this goes to court, I can not afford a criminal record, that mean I will lose my job.

Expert:  James Mather replied 4 years ago.
You are

likely to end with
a criminal record I'm afraid because the fact remains that you have committed
the offence and are pleading guilty.

I cannot see how
you could plead not guilty unless you were to lie about the facts which
obviously, would be perverting the course of justice/perjury and I cannot
advise you to do.

All the solicitor
can do is plead some mitigation but I don't think, in all honesty, there is any
mitigation that you can plead in this case that would make any meaningful

Customer: replied 4 years ago.

I have written the letter to the prosecution office, also I have pleaded not guilty, Due to the fact I had a valid oyster card with money on it.

I went to the court office yesterday and completed the form, Which I pleaded not guilty.

I look at the statement the ticket inspector,written I disagree with some of the facts and I want the chance to cross examine him.


Expert:  James Mather replied 4 years ago.

You didnt say you had a valid OC.I did ask but you didnt reply.

In which case send copy to the prosecutor saying that and suggesting that they should drop this and deal with it by way of reprimand. I have done that many times succesfully.If it does go to court, what do you want to query the inspector on?