Conclusion to this story. My friend went to see a criminal lawyer and (at a cost of £100s) the lawyer wrote to @tfl: worth a go, said the lawyer. Prosecution dropped.
I do not suppose that an ordinary citizen without lawyer friends or the money to pay for a criminal solicitor to write a letter would have been so lucky.
Not impressed by @tfl. Strict liability offences which carry significant penalties are only remotely acceptable if prosecutions are brought only after careful consideration of the facts and mitigating circumstances (eg innocent error), and against transparent criteria.
A demonstrably one-off innocent mistake should not lead to prosecution, but to (at most) a penalty fare.
As explained in the thread, @tfl’s prosecution policy is without content. It’s all discretion; all the whim of the prosecutor on the day.
@SadiqKhan @MayorofLondon is an experienced and able lawyer. This is his patch. He should tidy this up.
