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    About two months ago early in the morning (I think it was a sunday) I got on the underground and just walked through because the barriers were open and I wasn't sure if I had enough money on my oyster and assumed the barriers would be open where I wanted to get off (oxford circus). Unfortunately for me at oxford circus the barriers were closed and I just went behind someone to get through and was intercepted by a transport officer who took my details and said I could be summoned to court (pretty out of order considering this was a first offence). They then sent me a letter asking me to fill in a form asking the reason for my fare evasion which I filled in and sent off. Two days ago I got the court summons asking to submit a plea. Do I have any chance if I plea not guilty considering the barriers were open? Also I have mental health issues and I hadn't had any sleep which clouded my judgement.

    Thanks guys any input would be appreciated...
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    I'm sure it's okay if it's an honest mistake.
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    You're gunna jail op.
    Spoiler:
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    Just pay the fine
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    The messed up thing is because they've decided to prosecute the fine might be like 500 quid...and I'll get a criminal record if found guilty...that's why I want to know if I have any grounds to plead not guilty...
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    (Original post by Bongo Bongo)
    About two months ago early in the morning (I think it was a sunday) I got on the underground and just walked through because the barriers were open and I wasn't sure if I had enough money on my oyster and assumed the barriers would be open where I wanted to get off (oxford circus). Unfortunately for me at oxford circus the barriers were closed and I just went behind someone to get through and was intercepted by a transport officer who took my details and said I could be summoned to court (pretty out of order considering this was a first offence). They then sent me a letter asking me to fill in a form asking the reason for my fare evasion which I filled in and sent off. Two days ago I got the court summons asking to submit a plea. Do I have any chance if I plea not guilty considering the barriers were open? Also I have mental health issues and I hadn't had any sleep which clouded my judgement.

    Thanks guys any input would be appreciated...
    Purely on the law, no. The barriers being open don't absolve you of having fulfilled the conditions of the actus reus. The actus reus is, I believe, defined in terms of being in area which requires a fare and not having paid the fare. It has nothing to do with the gates per se.

    It might also be, and I'm quite sure that it is, a strict liability offense, whereby mens rea isn't necessary to prove - you're guilty purely by fact of having done the action, even if you weren't aware of it (like a speeding ticket). Mental health issues and lack of sleep clouding your judgement therefore aren't relevant.

    If you don't want a criminal record and want to submit a not guilty plea, then you should contact a solicitor. Perhaps they could have the charges thrown out due to lack of following procedure, etc. Here in the US for offenses of this nature you meet with the prosecutor before appearing before the judge; for first time offenses they usually will knock the charge down.
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    Contact a solicitor and ask her or him to plead on your behalf that it is your first offence for theft and plead leniency. Your intent was to steal a free ride.

    If you had a car you would not seek to get petrol without paying at the time, would you?
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    What was the outcome of this? In a similar situation right now.
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    (Original post by bluerabbit94)
    What was the outcome of this? In a similar situation right now.
    I emailed them and basically said I'm of good character and it would ruin my life if I got a criminal record and luckily they decided I don't need to go to court if I pay £350 within a month. It's alot of money but I'd rather pay it than have a record.
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    Ah that is so lucky. I'm hoping that I get a similar outcome it's so stressful as I'm waiting for a response now and they're taking ages Can I ask what company dealt with you?
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    Just say you lost your ticket?

    Really, kids nowadays have no sense.
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    (Original post by callum_law)
    Just say you lost your ticket?

    Really, kids nowadays have no sense.
    It's a lot more complicated than that.
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    (Original post by bluerabbit94)
    It's a lot more complicated than that.
    How do you work that out?
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    (Original post by bluerabbit94)
    Ah that is so lucky. I'm hoping that I get a similar outcome it's so stressful as I'm waiting for a response now and they're taking ages Can I ask what company dealt with you?
    I don't know exactly what you mean. The person who dealt with my case was part of transport for London as you'd expect.
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    Hi, does anybody know what happens if there is no reply after 1 year from a rail company regarding a stop on the train for no ticket / fare evasion ?
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    (Original post by ggyr55)
    Hi, does anybody know what happens if there is no reply after 1 year from a rail company regarding a stop on the train for no ticket / fare evasion ?
    I've heard it takes them a while to reply or for you to receive a summons for court in the post but a year is a bit long? Maybe they have let it go.. I would probably call and chase it up.
 
 
 
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