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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 80420
Experience:  Over 5 years in practice
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I'm being prosecuted by LNER for travelling without a valid

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Hello, I'm being prosecuted by LNER for travelling without a valid ticket with my three children. I did in fact have valid tickets, but refused to pay the excess fare on a train that was dangerous oversold, when I decided to sit in an empty first class carriage. I would like to plead not guilty and would like to apply for costs. What do you advise? Thanks very uch, S WIlson
JA: Because traffic laws vary from place to place, can you tell me where this is?
Customer: UK
JA: Do you need to appear in court?
Customer: yes
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Are you asking if you should plead not guilty?

Customer: replied 1 year ago.
Fire away!

Go on?

Customer: replied 1 year ago.
I am asking if I should plead not guilty and apply for costs.
Customer: replied 1 year ago.
LNER sells tickets for overcrowded trains regularly. I did not pay my fare to stand with my children for an hour, in a corridor with urine swilling around the floor!

Thank you for your patience.

I do fully understand your view of this. These companies are deplorable.

However, come what may, I'm afraid you were travelling in a first class carriage without a ticket. Or at least that is at what I presume you are saying.

I do understand that it isn't fair but I'm afraid the fact remains.

Nobody can make you plead guilty say. Of course you can take this to court if you want so but you don't have a defence Im afraid.

in those circumstances it is generally better to plead guilty early.

If you are intent though then you can find this.

If you win then you would have a claim for the cost that you actually suffered.

If you lose though you would have to pay their costs although they are not ruinous

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
Thank you for your reply and patience also.
Customer: replied 1 year ago.
It is the principle of the thing which bothers me most. If I can prove the train was dangerously oversold, what then? At what point must LNER begin to prioritise their passengers safety over profit?
Customer: replied 1 year ago.
passengers’

Overselling really goes to the issue of passenger safety which only becomes an issue when there is a disaster.

They do often prioritise profit over passenger safety. It was one of the things that came out of the train crashes.

Customer: replied 1 year ago.
Ok, so that said, could I reasonably defend my action to sit in the safety of an empty carriage because the company deliberately put me and my family in danger?
Customer: replied 1 year ago.
There was a clear lack of customer safety.
Customer: replied 1 year ago.
passenger safety

I have to be honest with you; that is just not a defence.

It is a legitimate complaint and I quite understand but it isn't a defence to the charge.

I'm so sorry.

Customer: replied 1 year ago.
Ok. Not to worry. I’m glad to have some clarity. Thank you so much for your assistance on this matter.
Customer: replied 1 year ago.
I do have another matter perhaps you can assist me with?

No problem.

All the best. I;m so sorry

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Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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Customer: replied 1 year ago.
Jo, I am currently the respondent in divorce proceedings. Live with my children in the family home, which is owned by their father, my husband. We departed in 2017. It has come to my attention that he is serious financial difficulties and may be declared bankrupt. How can I secure my home in these circumstances? Thank you for assisting.
Customer: replied 1 year ago.
i live

I am sorry but I don't do family.

We do have family practitioners though. \

If you post another question somebody will be able to help.

Customer: replied 1 year ago.
Thanks so much. S WILSON

No problem.

All the best.