Single Justice Procedure Notice from TfL - What do I do?

[Mar99]

I have been issued a Single Justice Procedure Notice from TfL on 23/09/2024. This comes after on the 26th of June I travelled from Stratford to West Silvertown and my card had declined when I tapped it on the National Rail change. I didn't notice that my card declined as I was in a hurry. At West Silvertown there was an inspector who asked for my card which I provided, he said my card was invalid and me being under the impression that it worked said no way. He offered that I pay a penalty or "provide my details for investigation" Being still under the impression that I had paid my correct fare I provided him with all my details. When I went home I discovered that my card had actually declined so I ran back to the station and spoke to the inspector that stopped me and explained and apologised. He said that I would get a letter and that I should reply explaining my mistake and that nothing would come of it. I did get that letter it was one of the letters that asked for my info as well as an explanation for my case I provided all the details and explained my mistake as I was instructed by the inspector. However, now I have just received a Single Justice Procedure Notice and I am terrified. I am not sure what to do. It was an honest mistake and I have not realised my contactless card did not go through. I usually use an oyster but I did not have it at the time. all my communication with IAP has been over email (I have sent them the info they requested via email, and they also replied to that email saying that their records show this isn't the first time I have not validated my card correctly, which is confusing because I always validate my card). Since I have received the Single Justice Procedure Notice I sent an email to IAP again apologising and asking for a settlement. I am not sure if this would even reach them in time since I know how tricky emails can be. Even then I don't know if they would actually consider it provided I had also apologised and asked to pay anything necessary when they first asked for information. I don't know what to do now and I do not want a criminal record as I am not a UK citizen and I have just applied for a graduate visa and currently looking for jobs. Any advice or help is much appreciated.

 

[John R]

Have you established why your card was declined? Has TfL blocked it, typically because you have had previous instances where you have not tapped at both ends to complete your journey? It sounds as though that could be the case from what they say.

 

[Mar99]

I mean personally, I am not sure as I mainly rely on my oyster and don't use my contactless regularity, my card is foreign and my home country is very weird about contactless so I imagine there could have been an instance where it had not gone through before, but not that I am aware of. From my communication with them, they are referring to my card as "not having a valid ticket in a compulsory ticket area". I am just concerned about the next steps now since the Single Justice Procedure Notice has already been issued and the 21-day countdown has started.

 

[Hadders]

Welcome to the forum!

TfL take a robust approach to ticketing irregularities and thet frequently prosecute. Unlike their National Rail counterparts they do not offer out of court settlements although occasionally they do issue a final warning. The Verification Letter is the opportunity to tell TfL about any mitigation you want them to take into account when deciding how to proceed but having read your reply they have decided to prosecute you. It's highly unlikely that you will get them to change their mind.

What happens next is that you will need to reply to the Single Justice Procedure Notice saying wther you are guilty or not guilty of the offence. If you plead not guilty then the court will give you a trial date where the case will be heard.

If you decide to plead guilty then you have two choices:

- You say you don't want to attend the court in person. You give any mitigation you want the Magistrate to take into account when deciding the punishment. The court will writ to you with the coutcome which will be a fine
- You say you want to attend the court to present your mitigation in person

If you plead guilty or are founf guilty following a trial then you will need to pay:

- A fine based on your income (usually reduced by a third if you plead guilty)
- A surcharge of 40% of the value of the fine
- A contribution towards TfL's costs
- Compensation for the fares avoided

If you are found guilty then this is a criminal conviction. If you are prosecuted under the TfL Bylaws (which is what normally happens) then the conviction isn't normally recorded on the Police National Computer and won't normally appear on Basic DBS checks. A criminal conviction for a railway ticketing matter won't normally affect future career prospects although we always advise people to be honest when asked if they have a conviction.

Here's a link to TfL's Revenue Enforcement & Prosecutions Policy which you might find worth reading:

https://content.tfl.gov.uk/revenue-enforcement-and-prosecutions-policy.pdf

 

[Mar99]

Thank you for taking the time. I appreciate it. Does it matter how early I plead, I think maybe I should wait a bit since I have sent an email to IAP asking to settle. I understand that they rarely do that, but is it worth waiting? Or should I just go ahead and plead guilty now?

 

[Hadders]

Nothing wrong with waiting, you won’t be penalised further but do make sure you reply before the deadline.

 

[Mar99]

I have this idea which might sound a bit crazy. I am thinking of heading to the TfL's IAP office and asking to speak with the solicitor on my case (his name is on the Single Justice Procedure Notice). I highly doubt they would even let me in but I am thinking if they don't I can give the receptionist a letter for the IAP Department, the letter that has the same contents as my email (asking to settle) maybe this could cut the time it would take for them to go through the emails. Or maybe I have a chance to speak with the solicitor and try to settle. I can take the time out of my day and I know IAP's HQ is in Palestra in Southwark. Is this completely insane?

 

[skyhigh]

Is this completely insane?

Yes. Do not do this. They won't let you in, the person named will probably be working from home anyway. Any letter you gave them is likely to get lost too.

 

[Fawkes Cat]

I have this idea which might sound a bit crazy. I am thinking of heading to the TfL's IAP office and asking to speak with the solicitor on my case (his name is on the Single Justice Procedure Notice). I highly doubt they would even let me in but I am thinking if they don't I can give the receptionist a letter for the IAP Department, the letter that has the same contents as my email (asking to settle) maybe this could cut the time it would take for them to go through the emails. Or maybe I have a chance to speak with the solicitor and try to settle. I can take the time out of my day and I know IAP's HQ is in Palestra in Southwark. Is this completely insane?

To be blunt - yes, it's completely insane.

At the simplest, it's unlikely that TfL are geared up for random callers (regrettably, it's the case that all organisations today have to be aware of the possibility of terrorism or other disruption: the door is likely to remain locked to uninvited visitors). But while I have no reason to know how TfL work, it seems to me quite likely that your case will have been prepared by someone else, and then signed off by the named solicitor. They will have seen your papers, and agreed the conclusion - but they won't have the details at their fingertips.

And quite simply, TfL do not settle out of court. So even if you could get in, and even if you could talk to the right person, and even if they were fully up to speed with your case, the answer would be 'no'.

It's best not to go down this road.

 

[Titfield]

I have this idea which might sound a bit crazy. I am thinking of heading to the TfL's IAP office and asking to speak with the solicitor on my case (his name is on the Single Justice Procedure Notice). I highly doubt they would even let me in but I am thinking if they don't I can give the receptionist a letter for the IAP Department, the letter that has the same contents as my email (asking to settle) maybe this could cut the time it would take for them to go through the emails. Or maybe I have a chance to speak with the solicitor and try to settle. I can take the time out of my day and I know IAP's HQ is in Palestra in Southwark. Is this completely insane?

There is a whole bank of receptionists at Palestra. I am not even sure they are allowed to accept letters etc etc for security reasons. How they handle documents by courier I do not know.

== Doublepost prevention - post automatically merged: 26 Sep 2024 ==

To be blunt - yes, it's completely insane.

At the simplest, it's unlikely that TfL are geared up for random callers (regrettably, it's the case that all organisations today have to be aware of the possibility of terrorism or other disruption: the door is likely to remain locked to uninvited visitors). But while I have no reason to know how TfL work, it seems to me quite likely that your case will have been prepared by someone else, and then signed off by the named solicitor. They will have seen your papers, and agreed the conclusion - but they won't have the details at their fingertips.

And quite simply, TfL do not settle out of court. So even if you could get in, and even if you could talk to the right person, and even if they were fully up to speed with your case, the answer would be 'no'.

It's best not to go down this road.

There is a reception area at Palestra you report to. But if you do not have a prearranged appointment then you are asked to leave the premises. There are security guards present who can intervene if needed.

 

[KirkstallOne]

You say you don't want to attend the court in person. You give any mitigation you want the Magistrate to take into account when deciding the punishment. The court will writ to you with the coutcome which will be a fine

On this particular aspect, it has been demonstrated by Tristan Kirk of the Evening Standard that choosing this option means your mitigation is unlikely to be read. Yes that is as ridiculous and unfair as it sounds.

Personally I would choose to present my mitigation in person if possible. This will ensure it is actually considered properly by the magistrates. Also you will likely get a chance to speak to a Tfl representative on the day so there is always a chance they will withdraw the prosecution. It doesn’t hurt to try.

Also, as Hadders says, this is not the end of the world. It is a very minor strict liability offence you are being charged with and is unlikely to impact your future as long as you declare it when asked.