I've already explained why I hesitate to give advice on this matter and these recent replies have done nothing to improve confidence. A strategic consideration of the few avenues available and the costs and risks attached to each are the only areas where the information available helps me to comment.
I'm reluctant to argue the details of the Statutes concerned as I'm unable to see that they assist at this stage - the OP appears to have admitted Guilt, albeit unintentionally, in a written Witness Statement. How we deal with that is all we can do to assist without copies of the written Evidence from both sides.
parnelli1983 said:
The Fact the conductor before Bristol allowed this, surely that is good reason for this to not go any further? And also, I provided the ticket I bought online - I understand I am in breach of not being able to provide a valid ticket, but haven't all trains got CCTV on them so asking for this evidence will show the conductor allowing me to travel on the train?
I would be surprised if you can persuade the Operator to locate the relevant section of a specific CCTV recording at this stage, to provide it as Evidence, to provide the Witnesses who can confirm that it relates to the exact incident, that the recordings have been sealed and not tampered with, and then for that recording to confirm your 'authority to travel'. In fact it beggars belief that you really expect that all this will happen, not just that you expect that it will persuade the Magistrates that you had been granted authority.
Would the defence of an authorised person giving permission stand up, given that the OP entered a CTA without holding a ticket valid for travel?
The Byelaw Offence in S.17 is :
17. Compulsory Ticket Areas
(1) No person shall enter a compulsory ticket area on the railway unless he has with him a valid ticket.
(2) A person shall hand over his ticket for inspection and verification of validity when asked to do so by an authorised person.
(3) No person shall be in breach of Byelaw 17(1) or 17(2) if:
(i) there were no facilities in working order for the issue or validation of any ticket at the time when, and the station where, he began his journey; or
(ii) there was a notice at the station where he began his journey permitting journeys to be started without a valid ticket; or
(iii) an authorised person gave him permission to travel without a valid ticket.
I think that 3.(iii) suggests that authority to travel nullifies the prohibition in (1), though of course your question refers to the Passenger entering the CTA
before receivng the oral authority to continue.
Its not a robust defence and we wouldn't want to find ourselves arguing over this analysis in front of some busy and weary Magistrates!
To the OP, much as I'd have been be willing to assist and support you in May (which was the time to examine the semantics of Legislation and the precedents in Case Law), your position now is, I believe, one in which you should consider the limited choices I outlined above. Some of these are expensive (though probably not as expensive as the CCTV line of Defence you've introduced) and carry costs which you will pay if you fail. Some of the choices I outlined are much less expensive.
if I asked for the conductor to attend the hearing if it got that far and asked the question - did you check tickets during Bristol to Birmingham that is enough to put me in the clear as he would have checked mine and the question would be - why did he not take my info then?
This is tricky to pull off in practice, I referred to this in my earlier post, you would deal with this by Cross-Examination of the Guard/Inspector based on what they have written in their Witness Statement.
No one here can advise you on this strategy without reading the Witness Statements and other Evidence. I wonder if the Witness Statements advised to you even include a Statement from the Guard/Inspector from the first train (who alledgedly gave you authority to travel)? If not, then how, five months down the line, are we going to find that persona and get a reliable Statement from them?
Do you not think that you are clutching at straws, and rather withered ones at that?
parnelli1983 said:
If I was to attempt to settle out of court which is cleary the most sensible option here even though I feel I should win the case as an authorised person validated the ticket, but do not wish to go to court as in doing so will cost more money - what stage could I not do this?
I understand that you have already replied stating that your plea is Not Guilty. That means that the case WILL go to Court, for you (or your advocate) to Defend you and, if requested in your letter, to cross-examine the Prosecution Witnesses (and if you didn't request it then tey won't be in Court to be Cross-Examined). If you do not want it to go to Court then you either change your Plea to Guilty (the letter should have explained how you can change your Plea), or to seek an out of Court settlement with the TOC's Prosecutions Manager, or both.
But, if you want "to win the case" then you have to stick with your Not Guilty Plea let it go to Court.
You can't have it both ways! And you do have to decide.