Court hearing help

[anxious321]

I have been summoned to court next week.

Situation
Travelling from Arsenal to kings Cross on tfl. My phone was knocked in the crowd and smashed the screen as it bounced along the floor under people's feet. As i git to the gate i realised it wouldnt turn on/tap out and now I was unable to tap out of station as I had no physical card. (Tapped in and out of all other journeys via contactless, valid train ticket and discount travel card)

I have huge anxiety in public places and the station was heaving as it was after a concert at the Emirates. Sensing my anxiety, my partner grabbed my hand and I
double gated behind him.
As i did this, i made eye contact with staff member. sensing he had picked up on the situation unfolding, i approached him and I immediately explained i was really anxious and the phone situation etc and I asked him for help.
I was asked for my info, given promptly and correctly. (With hundreds of people streaming past, so no confidentiality and certainly not helping my anxiety (now becoming physical as i realised the train tickets were also on my phone!)
He said he would open a case re the tapping out and I will hear back. Awesome, I thought. I just pay outstanding when i get the letter and all is well. My partner could access my train ticket home etc via the app using my login on his phone...we were all good.

Fast forward a few weeks...I received a letter of intent to prosecute. Returned my statement stating the above circumstances. Added that I am an honest person, no previous, travelcard holder, professional NHS etc.

Reply received...now I have to appear in court next week (at a cost of £70. Ironically using train and tube to get into central london) If I dont go, I will risk a warrant for arrest!

Make this make sense when I see proliphic fare evaders on tv and in real life, being given warnings or paying the outstanding fare?
No oportunity for me to pay was given, plus my card was charged the full amount anyway as I didnt tap out of the station??? So ive actually paid. But the issue is the double gating offence it seems. Bylaw 9..exiting in an incorrect manner. Done in a split second decision, people pushing behind me etc and fully aware of the employee with eyes on me. But I actively went to seek help?? I didnt try to leave the station??

Any advice please? Im worried for the court case. I cant afford a huge fine and a criminal conviction could seriously impact my career.

 

[AlterEgo]

TfL are really hot on tailgating.

You should have received a verification letter before a summons; this asks for your comments on the alleged offence. Did you receive this, and did you reply? Please show us these pieces of correspondence with your name redacted.

Please also show us the summons with your name redacted. If there is any witness evidence included, please show us this.

Were you placed under caution? That is, were you read your rights when you were stopped? "It may harm your defence if...." etc

We need to see everything. TfL don't usually issue warnings when the expense of a summons has been incurred already, but it is not unheard of.

 

[anxious321]

I received a letter of notice to prosecute and I emailed them back my response, as requested. (see attatched)
I have since received a summons (also attatched)

== Doublepost prevention - post automatically merged: 8 Oct 2025 ==

I wasnt cautioned, definitely not read my rights. It was a TFL employee working the gate that I spoke with and gave my info to

 

[AlterEgo]

Does the summons come with any witness statement from the person who stopped you or contain any evidence?

You should be very clear about one thing - you admit committing the offence in your response, and have no defence to it in law. It is a strict liability matter and your intent need not be proven. Your submission doesn't contain any mitigation that TFL's prosecutions policy will consider. (see 8.2 here: https://content.tfl.gov.uk/revenue-enforcement-and-prosecutions-policy.pdf)

Tailgating because you don't have your ticket any more isn't doing the right thing. The right thing is to speak to someone at the barrier; they are manned, and there is no need to push through them.

Do you have evidence of the maximum fare charged to you? This is what you would be charged if you tapped in but never tapped out.

Were the barriers open at Arsenal after the concert (they often are!). Did you tap in?

 

[LYradial]

Have we seen other cases where TfL have gone for a case management hearing, it seems unusual.

i have read through all the link to the prosecutions policy and 8.2 might be relevant, i wonder what others think

 

[Puffing Devil]

Have we seen other cases where TfL have gone for a case management hearing, it seems unusual.

i have read through all the link to the prosecutions policy and 8.2 might be relevant, i wonder what others think

I suspect that the OP has entered a Not Guilty plea, either by accident or design, in response to an SJPN notice, and this is the next stage in the process.

It's not too late to instruct a solicitor, which would increase the odds of securing a change of heart from TfL, though there is only a small chance of success.

Otherwise, as @AlterEgo has said, it's an absolute offence and the best the OP can hope for is a strong plea in mitigation and suggest an absolute discharge, as I'm thinking a fare has been paid, as this was a failure to tap out, and it can be shown on the OPs TfL account.

 

[anxious321]

I think ive made a huge mistake by entering a not guilty plea...I did go through. They dont care why.
HELP!

 

[WesternLancer]

I think ive made a huge mistake by entering a not guilty plea...I did go through. They dont care why.
HELP!

I assume it’s possible to change your plea to guilty. That may also reduce the court fine.

 

[furlong]

It's also sounds like one of those cases where professional assistance might be helpful. Where is the public interest in prosecuting someone whose phone got smashed, nevertheless had touched in and paid, over a technicality? If they don't drop the case it sounds as though there might be strong arguments for a discharge. (I seem to recall a previous case involving incorrect use of a barrier when the fare was paid that was dropped.) Remember the recent ORR review and its position on over-zealous prosecution e.g. this is a similar situation to 4.37. Might even be a case that London Travelwatch would take an interest in.

4.37 For this reason, an honest passenger being able to prove later that they did purchase a ticket may not be sufficient to avoid a sanction. A similar risk applies with an e-ticket that a passenger says they are unable to present because of a flat battery on their phone or device. The result is that an honest passenger may find themselves being penalised in this situation.

Also 5.69 onwards

Evidence of passengers being prosecuted where the public interest is unclear

 

[AlterEgo]

Does the summons come with any witness statement from the person who stopped you or contain any evidence?

Do you have evidence of the maximum fare charged to you? This is what you would be charged if you tapped in but never tapped out.

Were the barriers open at Arsenal after the concert (they often are!). Did you tap in?

OP it's important you answer these questions and not ignore them. They may assist your defence.

== Doublepost prevention - post automatically merged: 10 Oct 2025 ==

It's also sounds like one of those cases where professional assistance might be helpful. Where is the public interest in prosecuting someone whose phone got smashed, nevertheless had touched in and paid, over a technicality?

We don't know they've touched and paid because they haven't collected any evidence of this yet. They need to do this urgently. They need to get hold of their journey history.

 

[Puffing Devil]

I think ive made a huge mistake by entering a not guilty plea...I did go through. They dont care why.
HELP!

In addition to the questions above, have you been to court? Is the hearing still next week?

Where does

They dont care why.

come from? Which conversation or letters?

We need to know everything.

 

[anxious321]

I have evidence of a payment of £7 taken by tfl that day.
I am saying they don't care about the "why' because ultimately I did, and have, admitted I went through the gate. My mitigation for why I did this or that i had paid a fare isnt their concern. The offence is bylaw 9, i exited in an incorrect manner. Bottom line, I went through a gate and thats the offence in question.
The gate wasnt open. I tailgated to get to the attendant.
The attendant wrote a statement saying that he saw me tailgate, stopped me and I said my phone was dead. He asked for details. I gave them and they are verified against electrol roll etc.
I think I need to change my plea to guilty as on refelction, I am clearly guilty of the offence, but I pleaded not guilty as I felt there was no intent and I was being honest in my approach/seeking help.
This has just blown up into something huge and I genuinely dont have the time or headspace to deal with it all right now as i have a very sick child in and out of hospital (Not said for sympathy, but for context)

 

[AlterEgo]

I have evidence of a payment of £7 taken by tfl that day.

How did you get to Arsenal? This doesn't look like a maximum fare.

 

[MotCO]

The attendant wrote a statement saying that he saw me tailgate, stopped me

In your first post, you said that you voluntarily went up to the attendant. Which is correct?

Were you caught up in the crowd and couldn't back out of the barrier? Would this, plus voluntarily approaching the attendant be a good defence?

 

[AlterEgo]

In your first post, you said that you voluntarily went up to the attendant. Which is correct?

Were you caught up in the crowd and couldn't back out of the barrier? Would this, plus voluntarily approaching the attendant be a good defence?

A lot hinges on whether they actually had a ticket or not. The OP has declined to answer a number of questions which would assist their defence .

Need to see the witness statement too if it's included (they often are) - RPIs on stings after events are often in plain clothes, and their statement of evidence may include that.

 

[Puffing Devil]

I have evidence of a payment of £7 taken by tfl that day.
I am saying they don't care about the "why' because ultimately I did, and have, admitted I went through the gate. My mitigation for why I did this or that i had paid a fare isnt their concern. The offence is bylaw 9, i exited in an incorrect manner. Bottom line, I went through a gate and thats the offence in question.
The gate wasnt open. I tailgated to get to the attendant.
The attendant wrote a statement saying that he saw me tailgate, stopped me and I said my phone was dead. He asked for details. I gave them and they are verified against electrol roll etc.
I think I need to change my plea to guilty as on refelction, I am clearly guilty of the offence, but I pleaded not guilty as I felt there was no intent and I was being honest in my approach/seeking help.
This has just blown up into something huge and I genuinely dont have the time or headspace to deal with it all right now as i have a very sick child in and out of hospital (Not said for sympathy, but for context)

I'm sorry to hear about your child. You clearly have a lot going on, and that is not helping your thinking or the information you're giving us. I'm going to give you my thoughts on what I've been able to pick out of the thread.

You have returned a Single Justice Procedure Notice with a statement of mitigation. Either you put not guilty on the form or the court was unable to accept your guilty plea. You have been summoned to court for a case management hearing.

As you accept you're guilty, you now have two main options.

1) Get a solicitor who specialises in working with TfL. They may be able to achieve an out-of-court settlement. It will not be cheap. There is no guarantee of success. Time is also running out.

2) Go to court and enter a guilty plea. Prepare a strong statement in mitigation, outlining the circumstances and ask the court for a reduced sentence - ideally an absolute or conditional discharge. Acknowledge that you will have to pay the fare outstanding, especially if you can't show that you tapped in at the start of the journey.

 

[Haywain]

I think I need to change my plea to guilty as on refelction, I am clearly guilty of the offence, but I pleaded not guilty as I felt there was no intent and I was being honest in my approach/seeking help.

You really have two choices now; one is to change your plea to guilty and the other is to engage a solicitor in the hope that they can help you to avoid prosecution which might be possible even at this late stage. However, a solicitor is likely to cost you in the region of £1000, and the fine and costs for a conviction will be less than this - probably about half the amount. I would suggest contacting the court first thing on Monday morning and asking if you can change your plea, which may avoid having to attend the court. You could then explain the circumstances in a statement of mitigation which might help to get the level of fine reduced.

 

[The Sorcerer]

It's an offence even if you have a valid ticket.

 

[Puffing Devil]

You really have two choices now; one is to change your plea to guilty and the other is to engage a solicitor in the hope that they can help you to avoid prosecution which might be possible even at this late stage. However, a solicitor is likely to cost you in the region of £1000, and the fine and costs for a conviction will be less than this - probably about half the amount. I would suggest contacting the court first thing on Monday morning and asking if you can change your plea, which may avoid having to attend the court. You could then explain the circumstances in a statement of mitigation which might help to get the level of fine reduced.

Unless you really want to avoid court, turning up and delivering your mitigation in person will always be more persuasive.

 

[The Sorcerer]

Unless you really want to avoid court, turning up and delivering your mitigation in person will always be more persuasive.

I would not advice going to court from an SJPN with a guilty plea.

The courts are over run and have no time for people offering usless mitigation that could have been put on the section on the SJPN.

The Magistartes will not be impressed.

 

[AlterEgo]

I would not advice going to court from an SJPN with a guilty plea.

The courts are over run and have no time for people offering usless mitigation that could have been put on the section on the SJPN.

The Magistartes will not be impressed.

You think a magistrate will not be impressed that a defendant has turned up to court? The mitigation is not useless and I think @Puffing Devil might be rather more qualified than either of us to give the viewpoint of a magistrate.

 

[MikeWh]

I would not advice going to court from an SJPN with a guilty plea.

The courts are over run and have no time for people offering usless mitigation that could have been put on the section on the SJPN.

The Magistartes will not be impressed.

How do you know that a guilty plea was submitted? It appears that a not-guilty plea may have been submitted, or that a guilty plea was not accepted on account of the mitigation provided. Your comments on this thread do not appear to be helpful to the situation.

 

[KirkstallOne]

I would not advice going to court from an SJPN with a guilty plea.

The courts are over run and have no time for people offering usless mitigation that could have been put on the section on the SJPN.

The Magistartes will not be impressed.

As it stands they have been summonsed to court (“you must attend”) although it would be helpful to know what OP returned in response to the SJPN.

 

[Puffing Devil]

I would not advice going to court from an SJPN with a guilty plea.

The courts are over run and have no time for people offering usless mitigation that could have been put on the section on the SJPN.

The Magistartes will not be impressed.

In my personal experience, magistrates are always pleased to see someone who takes the proceedings seriously and attends to plead in person. Very few people do in these cases, and having someone in court to put their plea of mitigation has a lot more influence than an easily scanned and dismissed written statement. That's why SJPN cases with mitigation buried deep in the paperwork sometimes get very poor handling.