Proper Tidy
Arsed
Yeah but the letter isn't addressed to them so why plead not guilty, I don't get it
TFL Fare Evasion Prosecution. HELP
- Thread starter lazim
- Start date
Yeah but the letter isn't addressed to them so why plead not guilty, I don't get it
skyscraper101
0891 50 50 50
This letter I assume wasn't recorded or signed for - so they cannot argue that it was ignored if they can't prove it was received.
That's not me offering advice either way. But I'm just putting it out there.
That's not me offering advice either way. But I'm just putting it out there.
Spymaster
Plastic Paddy
They've got his cousin's name though and are in touch with him. They'd be pretty stupid not to ask his cousin who he's lent the card to. His cousin then has the option of telling them, or not telling them and becoming a party to fraud.
Proper Tidy
Arsed
Yeah and if they write to his cousin then deal with it. At the moment they aren't though. At the moment they are writing to the OP at a different address. If somebody from the different address responds to say nobody of that name lives there then that is true and accurate and in no way has the potential to end up as fraud.
Spymaster
Plastic Paddy
littlebabyjesus
one of Maxwell's demons
This bit is a bit overdramatic, no? The cousin could just say that they don't know anything about any of this and then say nothing. In fact, I'm pretty sure any lawyer would be telling the cousin not to say anything.
in fact the way lazim has worded it above sounds right - not guiltly, that's not me, that person doesn't live here. Bare minimum.
Proper Tidy
Arsed
No. That's why I asked on previous pages. They are writing to the OPs name at a false address he gave them, which is some family members. Dunno if same cousin or not lives at the fake address but the letter is addressed to the OP. I did say right at outset that if they contact the cousin about allowing his card to be used then get advice, I'm not a cunt
cupid_stunt
Thank you for your attention to this matter!
Careful about the wrong address thing, it's rarely a defence that papers haven't been served.
It can be difficult for parties to litigation to understand that, in legal terms, service is not the same as delivery or receipt. A claim form is deemed to have been served on a defendant even if it has been returned to the court marked undelivered – provided that it was sent to the last known or usual address of the defendant. The claim form is even deemed to have been served if the claimant knows that the defendant has left that address – unless they know the defendant’s new address.
This rule is so strict that there is nothing the defendant can do to rebut it even if they have conclusive proof that they never received the document. There is even case law that says that service was still good where a document was sent to a property which had previously been destroyed.
How Court Papers and Documents are Served
A guide to how and where to serve court documents. What is meant by good service and what happens when documents are undelivered.www.aboutsmallclaims.co.uk
The OP gave a false address, the papers were therefore sent to 'the last known of the defendant', the papers are served.
Last edited:
Spymaster
Plastic Paddy
One way to find out.
littlebabyjesus
one of Maxwell's demons
Well I did say that they ought to get legal advice, tbf. But until then, saying nothing and admitting nothing is also right.
littlebabyjesus
one of Maxwell's demons
Yes. If it's not addressed to him, he shouldn't be pleading anything.
Proper Tidy
Arsed
Exactly. I think some people haven't read the thread properly
cupid_stunt
Thank you for your attention to this matter!
Yes it would be wrong, it's not their problem, but yours. The paperwork has been sent to the address you gave, so in law it has been correctly served, and can go to court and be dealt with even if you don't reply or attend court.
They can track you later to enforce any fine, which could keep growing with costs.
Speak to the CAB, or a solicitor.
Proper Tidy
Arsed
Your link says last known or usual address. There is no reason somebody would be aware of a letter sent to an address they had never resided at. By all means get advice but it's not right to use that link to demonstrate what you are saying here.
keybored
Well done. You remember cat good.
If you decide you're going to deal with this, you (or a solicitor) should be contacting TfL to negotiate an out of court settlement. TfL will get more money with less hassle, you'll hopefully pay a bit less than if you went to court and you'll have no criminal record. Expect it to be £hundreds though.
littlebabyjesus
one of Maxwell's demons
That's a bit extreme. An unregistered oyster card would be wise though.
cupid_stunt
Thank you for your attention to this matter!
He gave them the bloody address, so to them it is the last known address.
MrSki
Who am I to say you're wrong
The enforcement officer will be in the station & could well pull him over if he sees him on CCTV
its fine i dont go through train anymore, i usually just drive nowadays. if it does go to court this will probably mess up my insurance
Is your licence in your cousins name?
no its in my name
keybored
Well done. You remember cat good.
Doubtful, and the conviction would be spent after a year anyway if you just get a fine.
Spymaster
Plastic Paddy
So they have your name and your cousin's address and they are aware that you were using your cousin's card. Is that correct?
yep
Proper Tidy
Arsed
I'm fairly confident that isn't how last known address is being defined tbh
Spymaster
Plastic Paddy
And they have written to "your name" at your cousin's address, asking for a guilty/not guilty response to fare evasion?
yes, my cousins fathers name is exactly the same bar his middle name
