Hi,

I have a hearing on this Thursday 2nd August for Fare Evasion using my Father's Freedom Pass to travel on London Undergrond.

I have tried to settle the matter out of court by writing to the TFL three times but they have rejected my appeal.

Kindly help me prepare a Letter of Mitigation for the court. Also I want to check if the court verifies the Statement of Income and Outgoings? I want to avoid writing my correct occupation if possible as I am scared to impact on my job. Please give me further information about this. Also will I definitely get a Criminal Record and will this show up on CRB check?

Please reply to the post as soon as possible as I have to send the paperwork to Court today.

Hi

Welcome to CAG

The guys will be happy to advise as soon as they are available.

Please let us know how your problem has been resolved, it could help fellow Caggers.

Hi,

I have apologised in all my letters stating that I am shameful of the act and promise to not repeat the mistake again. I have also stated that it is my first mistake and to kindly treat me with a caution and settle the matter out of court. I have offered to pay maximum penalty of £1000 and also offered to carry out voluntary work. I have also mentioned that my Father is happy to give away his Freedom Pass and I will pay for his travel.

I have mentioned the impact on my job and my application for British Nationality. I have submitted copy of my existing visa as a proof that next step is British Nationality and a Conviction will delay my application for 5 more years.

I have stated that I work in Healthcare and have to submit CRB report every 6 months and a Criminal Record will cost me my job and prevent me from getting a new job.

The prosecution had rejected my appeal and asked me to send the paper work to the Court.

Kindly advice me regarding following:

1. Please help me prepare a Letter of Mitigation for the Court.

2. Is Statement of Means form verified by the Court with regards to the occupation title, income and expenses.

I don't want my employer to know and hence want to change to occupation title.

3. Will I get a Criminal Record and will it show up on CRB check?

Thanks in anticipation.

 

Kindly advice me regarding following:

1. Please help me prepare a Letter of Mitigation for the Court.

 

2. Is Statement of Means form verified by the Court with regards to the occupation title, income and expenses.

I don't want my employer to know and hence want to change to occupation title.

 

3. Will I get a Criminal Record and will it show up on CRB check?

 

 

Thanks in anticipation.

Using someone elses' Freedom Pass, which has their photograph on it and is completely different to all other Oysters cannot really be described as 'done by mistake'. The TOCs & TfL take fare evasion by this method very seriously because it is akin to steakling from the public purse.

This is why they will have rejected your offer to settle and proceeded to Court action

1. All that you can really do in a case like this is to apologise to the Court and rail company for your actions and undertake never to repeat the offence.

2. You only need give the basic information requested by the means form (MC100), but bear in mind that giving false information is an offence in it's own right. It will tell you this in print on the form itself. If you give all your details correctly in respect of income and outgioings, it will not matter if you don't give your employers' name and address, but if you then fail to declare a conviction where any employer requires such a declaration to be made, this could lead to repercussions for you personally at a later date..

3. Yes, if you have been charged with 'fare evasion' and are convicted, a record will be made.

Hi,

Kindly send me a link of templates for Letter of Mitigation. I cant find it in the threads. Kindly reply urgently as I have to post the letter tomorrow.

Regards

There aint no sech link. Each case and therefore piece of mitigation is different... there are sample letters that other CAGgers have written for their own ends scattered around the threads.Cannibalization is the order of the day.

Hi,

 

Kindly send me a link of templates for Letter of Mitigation. I cant find it in the threads. Kindly reply urgently as I have to post the letter tomorrow.

 

Regards

As Grotesque has said, there is no general 'fix all letter' for those who use other people's Freedom Passes in order to avoid fares.

YOU have to apologise and give YOUR reasons for doing this, every case is treated on merit by the Magistrates and only YOU can really know what the situation was.

There isn't a magic formula once these matters get to Court, but the key thing is 'keep it simple'. In my experience, once the writer starts to build an overcomplicated 'defence' for an offence that is so clear cut, they are are likely to lose any sympathy that might have been evident.

Please advice me if I attend the court in person will it be better or will it be same as pleading guilty by post? I am scared to attend the court room.

Hello again.

I think I'm right in saying that the advice here in the past has been that if you attend and make a good impression, it may alleviate the penalty.

There's a forum sticky about attending court if you haven't read it. Old-CodJA wrote it to give people an idea of what to expect.

HB

Please advice me if I attend the court in person will it be better or will it be same as pleading guilty by post? I am scared to attend the court room.

Yes, I believe that Honeybee13's suggestion is spot-on.

In my experience the person who attends Court and apologises in person always sets a good impression for the Magistrates and will normally attract the maximum credit.

Thank you OC.

And thank you.

Sorry Grotesque, thank you for your input too, I wasn't ignoring you. I was saying thank you for saying I got it right for once.

Sorry for hijacking the thread.

HB

honda123, how are you getting on with all this?

HB

Thank you all of you. My court date is tomorrow. I am praying and hoping for the best. Will let you guys know abt the decision.

Sorry Grotesque, thank you for your input too, I wasn't ignoring you. I was saying thank you for saying I got it right for once.

 

Sorry for hijacking the thread.

 

HB

lolol etc, I was only kidding!

What happened???

I pled guilty. I was given £265 fine + £130 london underground charges + £15 victim surcharge. Big lesson for a stupid mistake.

Hello again.

Thank you for letting us know how it went, lots of people don't. I hope things work out for you.

My best, HB

I had a legal representative to present my case. He is Barrister. His number is [edited]. If anyone is in trouble contact him before dealing with the matter on your own.

Hello again Honda.

I have edited out the phone number for two reasons. Advertising is against site rules and also we don't recommend lawyers here, sorry.

But you had a barrister, wow! That must have been expensive.

HB

I pled guilty. I was given £265 fine + £130 london underground charges + £15 victim surcharge. Big lesson for a stupid mistake.

Did this affect your CRB records?

Hello Benice.

This thread is 6 years old, you need to start a new one of your own because I don't know if you'll get a reply here.

HB