"Baloo" wrote in message
...

"Nick Cooper" wrote in
message ...
On Sat, 1 May 2004 11:30:42 +0000 (UTC), "evan"
wrote:

sinp

The Inspector does not *have* to accept an penalty under *any*
circumstances. If he suspects fare evasion he may report the individual,
as
he has done here. To do so, he *must* caution the person and tell them
they
are being reported and for what offence. The fact a penalty fare was
offered immediately is not eveidence of regular fare evasion, as suggested
by some of those posting here, and would not be deemed so by the court.

The fact that a summons has been issued just with the six months cut off
period set out in the magistrates court act is typical of these *private*
prosecutions. The departments who put the cases together are generally
less
than competent, and rely on individuals pleading guilty.

The offence in question is a criminal one. There are 2 options here.

1. Plead gulity by post, outlining the circumstances you describe as
mitigation. A fine will be the result, plus costs, probably £50. You WILL
NOT recieve a criminal record.

2. Plead not guilty, attend court and cross examine the inspector as to
his
procedure at the time of reporting (caution etc as above), and challenge
the
fact that you *intended* to avoid your fare. After all you where in
possession of a ticket, just not validated, not allready used or out of
date. The magistrate will take into consideration how you come across
when
giving evidence, and also how the inspector does. IME a properly prepared
defence case will wipe the floor with most rail/bus ticket inspectors.

regards

Baloo



Thanks. We're going to see a solicitor on Tuesday because we've arrived at
your position 2, having started off at 1. The prosecution is being bought by
TfL/London Bus Services, & *not* the CPS, which may make a difference - it's
a private, not a criminal, prosecution. This apparently may reduce the
burden of proof of intent.

In part, we are wondering if they are likely to withdraw if it looks as if
she is going to fight it.

Thanks to everyone who helped - it's got our minds clearer over the holiday
while we couldn't go straight to a solicitor.
--
Evan

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