I am sorry but I cannot give you good news. I'm afraidyou are in difficulty here.
I have to tellyou the truth.
I am sorry but itwould be wrong of me to avoid giving you the downside of your
The short answer is that there is no failsafe way to stopthis going to court. You accept travelwithout a valid ticket and so have committed an offence. They are entitled to prosecute it.
This is almost certainly S17 Railway ByLaws which are ofstrict liability. Either you did have aticket or you did not.
You could ask them to give you the internal fine or tosettle out of court. Sometimes they willagree to that. You cannot demand itthough and usually they are in the region of £200-£300. But it is an offer you can make and it mightwork.
If it does go to court then you would only get a fine and itshould not show on DBS checking as it is not prosecuted by CPS. There is an outside chance that it might butnot likely.
Do remember that I can only give you myopinion.
Another lawyer may have a different opinion.Litigation needs at least 2 parties and neither goes to court expecting tolose.
Nonetheless, one of them does, even thoughthey have been told by their respective legal advisers that they have a goodchance of success.
If there was a black-and-white answer toevery legal problem there would be no need for anything to ever proceed tocourt.
The ultimate decisioncomes from a county court judge in a civil case or from the magistrate in acriminal case heard in the magistrates court or the jury in Crown Court.
Hopefully, Ihave answered your query in a way that is simple and easy to understand. Ifanything remains unclear, I will be more than happy to clarify it for you. Inthe meantime, thank you once again for using our services.