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.