After your first hearing and in preperation for your trial, immediately serve a notice on London Bus Services Limited. Advise them that this is a formal notice and that you require their asistance in organising the driver's attendance at the court.
Advise them of the garage code on your summons along with the date of travel, ask them to identify the driver, which garage he works at, what his name is and his badge number and if possible the name and phone number of the garage manager.
London Bus Services probably will not assist in finding your bus driver on the grounds that all bus companies are franchises and technically the drivers do not work for them. However they ought to provide you with the above information.
If you are an Oyster card customer, also within the same notice request a full breakdown of your Oyster card usage. Your oyster card will probably have been confiscated, however the serial number of a confiscated Oyster card will be on the summons.
Important
Copy this notice to the magistrates court, this provides a paper trail should you need to request an adjournment in the event of your not receiving the required information.
If you do not receive all the information that you require, write once again to London Bus Services and copy all correspondence to the court so that you can prove you have been making earnest efforts to write your defence.
Thursday, 21 June 2007
Pleading not guilty- Hearing 1
You will initially receive a court summons with a hearing date.
At this hearing you must plead "not guilty", but do not feel that you have to be overly prepared for this hearing, it is only a plea hearing.
DO NOT expect legal advice, legal aid is not available for this "crime"
Because it is not imprisonable there will be no duty solicitor for you to speak to in the court.
DO NOT say more than you have to in court
DO NOT let the clerk or magistrate strong-arm you into pleading guilty on the basis that costs will rise if you are found guilty at a later hearing. The prosecution is unlawful and you can prove it in a full hearing.
DO state clearly "I have a legitimate legal defence based upon paragraph 4 of section 7 of the regulation."
DO insist that you want a full trial at a later date.
DO advise the court that you would like to call the Bus Driver as a witness but at this point in time you will liaise with the bus garage and do not require a witness summons.
What will happen?
Tfl are not banking on you being able to defend yourself intelligently, they use the cheapest least resourceful counsels to argue their cases. The trial will be adjourned, the usher will hand you a piece of paper with a new date and time for your hearing.
TfL do not want to argue section 4 in open court, and if they do then the magistrate(s) will normally come down in favour of the defendant. See http://www.londontravelwatch.org.uk/get_document.php?id=2192
You may shortly aferwards receive a letter from TfL saying they do not wish to take the matter any further. In this event you are "off the hook"
TfL may call your bluff, in which case you can prepare your defence using info on this blog.
REMEMBER This prosecution is unlawful and you can prove this in court.
At this hearing you must plead "not guilty", but do not feel that you have to be overly prepared for this hearing, it is only a plea hearing.
DO NOT expect legal advice, legal aid is not available for this "crime"
Because it is not imprisonable there will be no duty solicitor for you to speak to in the court.
DO NOT say more than you have to in court
DO NOT let the clerk or magistrate strong-arm you into pleading guilty on the basis that costs will rise if you are found guilty at a later hearing. The prosecution is unlawful and you can prove it in a full hearing.
DO state clearly "I have a legitimate legal defence based upon paragraph 4 of section 7 of the regulation."
DO insist that you want a full trial at a later date.
DO advise the court that you would like to call the Bus Driver as a witness but at this point in time you will liaise with the bus garage and do not require a witness summons.
What will happen?
Tfl are not banking on you being able to defend yourself intelligently, they use the cheapest least resourceful counsels to argue their cases. The trial will be adjourned, the usher will hand you a piece of paper with a new date and time for your hearing.
TfL do not want to argue section 4 in open court, and if they do then the magistrate(s) will normally come down in favour of the defendant. See http://www.londontravelwatch.org.uk/get_document.php?id=2192
You may shortly aferwards receive a letter from TfL saying they do not wish to take the matter any further. In this event you are "off the hook"
TfL may call your bluff, in which case you can prepare your defence using info on this blog.
REMEMBER This prosecution is unlawful and you can prove this in court.
Useful Links 1
The regulation which is used to prosecute you (and ultimately defend you)
http://www.opsi.gov.uk/SI/si1990/Uksi_19901020_en_2.htm
The weakness in this legislation that will ultimately save you
http://www.londontravelwatch.org.uk/get_document.php?id=2192
The unfortunate case of Jo Cahill (finally found guilty and fined £315)
http://news.bbc.co.uk/1/hi/england/london/4361286.stm
http://www.opsi.gov.uk/SI/si1990/Uksi_19901020_en_2.htm
The weakness in this legislation that will ultimately save you
http://www.londontravelwatch.org.uk/get_document.php?id=2192
The unfortunate case of Jo Cahill (finally found guilty and fined £315)
http://news.bbc.co.uk/1/hi/england/london/4361286.stm
Navigation
To search for information for your own defence, please check the links to posts in the navigation space on the right. I will try to use headings that make info easy to find.
Unlawful Prosecutions
London Bus Services Limited (aka Transport for London) routinely prosecute 700 people per week for fare evasion under the Public Service Vehicles Regulations 1990.
I applaud the crackdown on fare evasion, however the majority of these people that are prosecuted are not habitual criminals, they are normally fare paying passengers that have made an innocent error.
London Buses have a faceless and brainless system of unfair prosecution, if you give the inspector your correct name and address then you will probably receive a court summons within 6 months. This is the irony, you have to provide a valid name and address to be prosecuted! the really dishonest guys escape.
On this blog I will seek to offer advice as and when I have time to post. I urge you all to defend yourselves (because TfL certainly aren't expecting you to.)
I applaud the crackdown on fare evasion, however the majority of these people that are prosecuted are not habitual criminals, they are normally fare paying passengers that have made an innocent error.
London Buses have a faceless and brainless system of unfair prosecution, if you give the inspector your correct name and address then you will probably receive a court summons within 6 months. This is the irony, you have to provide a valid name and address to be prosecuted! the really dishonest guys escape.
On this blog I will seek to offer advice as and when I have time to post. I urge you all to defend yourselves (because TfL certainly aren't expecting you to.)
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