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Found 6 results

  1. Hi everyone, I've lurked a little through some of the other freedom pass misuse threads but thought I'd make my own, sorry if you're tired of these. Before I get into it, call me stupid (I am) but I really did not stop to think about where the money came from so people who need it can use freedom passes, what I was doing and how wrong it was, I only found out after doing some research and I feel extremely ashamed and disgusted at myself for this. I completely admit what I did was wrong and if worst case scenario I am charged with it, I accept my faults and take responsibility. However, if it can be helped I would really not like to hinder my future career, I really do not want this time of ignorance and foolishness to determine my future. I was stopped by an inspector(?) on my way to my retail job who took my details, I admitted it wasn't my card and I had taken it from my mother to avoid paying the fee and save money, and that I had done this more than this one time. I then got a letter from TfL asking if I accept commiting the offence or not and any exceptional reasons, including evidence, as to why TfL should not proceed with a prosecution. I replied with an email expressing my remose and accepting my actions and how foolish it was. I explained why I did it, I was in a really difficult place with money which had been contributing to my depression so I had been using it to and from work, but I know this is no excuse and I know what I did was completely wrong. I also explained the adverse impact it will have on my future career, and offer reasonable monetary sums equivalent to any related fines and administrative fees incurred by the company to settle out of court. The original email was a lot more thorough and remoseful but that is the main points I had, I'm happy to show the full email if necessary. They did not reply to that email, but a few months later I recieved a letter inviting me to court. It reads: [NAME] You are required to appear on [DATE] at [TIME] before [X] Magistrates' Court at [X ADDRESS] to answer the following charge: That you on [DATE OF OFFENCE] at Oxford Circus did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17(1) of the Transport for London Railway Byelaws made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962. [...] On [DATE] [DEFENDANT] travelled from [sTATION] to Oxford Circus station. At 7:52am she produced a Disabled Persons Freedom Pass of high value that did not belong to her and was not valid for her to use. She admitted the pass belonged to her mum and that she was using it to save money. Further analysis of the recent usage of the pass showed an addition 48 journeys where fares totalling £237.40 has been avoided. An application will be made in court for a £338 contributtion towards TfL... I believe my case will be a difficult one considering the number of uses. I hope to settle out of court and pay any fines, and if they decide not to I will attend the court and plead guilty and explain how sorry I am even if they do charge me. Currently I am unsure what to do from here. They did not reply to my initial email. Should I be contacting the Investigations, Appeals and Proecutions team? Should I plead guilty on the court letters I have recieved as soon as possible? What exactly is Byelaw 17(1)? will I be getting a criminal record, what are my possible outcomes? I assume worst case is I get a criminal record, and best case is I settle out of court, but are there any other outcomes? How much will any kind of record hinder my career, what kind of checks are done? Thank you for taking the time to read and any advice will be greatly appreciated.
  2. Hi there. I'm absolutely gutted I got this through for such a stupid mistake. I have just received a Single Justice Procedure notice and panicking greatly. It says I have 21 days to plead guilty or not guilty. That you on [DATE OF OFFENCE] did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17(1) of the Transport for London Railway Byelaws made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962. On [DATE OF OFFENCE] I attempted to travel from home station to work. At 7:55am he produced a TfL 60+ London Free travel Pass, that did not belong to him. He was not entitled to use the pass and it was invalid for travel. He stated it belonged to his father and admitted it was not the first occasion he had used it. They want £225 + £4.90. The summary statement has plenty of inaccuracies including my and and address that he said he confirmed ITAL but couldn't have as I gave him my driving license. That I walked away from the station when I re-entered with my bank card. Also, that he confirmed everything with me but didn't as the statement provided did not match the conversation or my details. Obviously I'm incredibly sorry and was a very stupid mistake. When I go out with my parents, I hold their oyster card so they don't have to rummage through their wallet or bag. On this occasion, I didn't give it back to him and mistakenly was then using for what I thought was a couple of weeks. As this was back in July, I called up several times to try and sort it and even my dad called up to get his oyster card back and they said nothing was logged against the card. I'll be gutted if i get a conviction as I'm in the process of looking for a property, will be visiting friends in America next year, was very stressed at the time due to work and a kidney condition getting worse and after the event receiving mental support for anxiety. I'm worried this will affect all of the above and negatively affect my mental health after just making progress. Any help on the best way to approach settling out of court would be appreciated. I'm happy to pay costs as I was incorrectly using it for what I think was a couple of weeks but a criminal conviction will hurt me in many ways. Thanks for reading.
  3. Evening All, I've scoured through many threads and posts on here and google and thought the only way to get esteemed advice was to put up this thread. I thank you all for your time and advice in advance. December last year I was summoned to court for a July offence for 'compulsory ticket area without a valid ticket' contrary to Byelaw 17(1) of Transport for London Railway Byelaws etc. That evening I travelled from Canada Water to Norwood Junction, on attempting to exit the barriers I tapped my Oyster and it wouldn't allow me to leave I called the female attendant who informed me the oyster wasn't validated at the start of my journey. She checked the oyster and saw that I had a monthly travel card (Z2 and 3) and PAYG balance to cover my journey. She suggested to be careful mixing bank cards with the oyster; then an RPI rudely intervened, taking the oyster card from the attendant and checked it on his portable device. He also stated that my journey wasn't validated from the start, asked if the oyster was the card I travelled with from the start of the journey - I said yes. He then proceeded to get very rude and aggressive. Initially he said he'll give me an £80 fine then as the exchange went on he said I will be prosecuted and summoned to court amongst other unsavoury comments, while I duly complied and kept my calm. I was not given a caution re PACE. I waited for the letter. Unfortunately, I forgot this was sent to my mother's address I received the Single Justice Procedure Notice (sent on 27 Nov) too late to make an appeal or an out of time appeal - it was received 5 days before the hearing. I was prepared to go to court either way but upon asking for CCTV and Travel History from TFL due to the time lapse, they were only able to provide my product history confirming I had a valid travelcard and balance on my oyster for the July offence. Furthermore, the Witness statement from the RPI repeated a snippet of our conversation convenient to prosecution (remember I had no caution re PACE) and there was no mention of the valid travelcard I had. I called the court and they advised me the hearing will still go ahead on the set date. Low and behold the day before the hearing, I received the Notice of Fine and Collection order for £473. Again I called the court and they said as I was found guilty in absence (recall I was out of time to send an appeal) and the only way forward was to accept the fine and pay. I have paid the fine in full just to avoid it affecting my record etc but I am ready to address this matter in a complaint against the RPI as it was due to his incompetence that I received the fine. But don't know where to start - your help and advise are much appreciated?
  4. Hello everyone and thank you in advance for your help. I was caught in early May using my father's freedom in Newbury Park, using the Underground station (zone 4) travelling to zone 1. The Revenue Control Inspector asked me if I am entitled to use the Freedom pass for travel, I said “No”. He asked if I used this pass before and how many times, I said yes and many times. Before 2 weeks I was sent a court summons for the following: You are required to appear on …….. at Magistrates court ….. That on (said date) you did entered a compulsory ticket area without having with you a valid ticket… Contrary to Bye-law 17 (1) of the TFL railway byelaws made under paragraph 26 of schedule 11 to the greater London Authority act 1999, and confirmed under section 67 of the Transport Act 1962. .......... An application will be made in court for a £338 contribution towards the costs of TFL. My questions are as follows: 1) I am wondering what exactly is 17 (1) all about? 2) Is my case in fact recorded? Is it a criminal record? 3) Is it worth it to attempt an out of court settlement with TFL? As I have decided to plead guilty. 4) If the answer for the question 3 is yes, How? And to which office/address? Thanks for taking the time to read this.
  5. Hi there everyone on CAG. I've read lots of threats on here, which have been full of very useful and invaluable advice, but I couldn't find anything very specific to my query. I'm hoping my thread will help people in the future with the same question. I'll quickly describe my situation. It goes like this: Basically, it's exactly what I've been charged with. I was on the London Underground, I didn't have a valid ticket, I got caught by a ticket inspector as I tried to exit the station who then asked for my details. I am not going to cry and whinge about my financial circumstances and any personal drama that led me to not having a proper ticket because; I deserved the outcome. It's all my fault and I deserved it. I didn't have a ticket, I used the trains unlawfully, I got caught by an inspector, I got sent a Court Summons, I returned it with a Guilty Plea, I got a hefty fine, I paid it all off in one go and the case is now officially closed and I've learnt a lesson to remember. What I would like to know is about is the charge I have been convicted of. I was only charged by TFL/the courts with this charge: 1: Byelaw 17(1) - No person shall enter a compulsory ticket area unless he has with him a valid ticket. On my 'Notice of fine and collection order' it is worded slightly differently, like so: 1/ Enter a compulsory ticket area on the Transport for London regional network without a valid ticket I am quite confused on the implications of this. My general understanding from what I have read is that, on the grand list of fines and charges that Rail Networks can hit you with, this one is quite 'minor'. There is generally no defence against it in court because it's a black and white issue. Either you had the correct ticket for the train stop you were getting off at, or you didn't. I have been told it is a 'Strict Liability Offence'. I have also read that Byelaw 17(1) is a 'non-recordable' offence and Byelaw's don't show up on Criminal records, except on enhanced Criminal Record Background (CRB) check's. My questions, which, again, I hope can also help other people, are as follows: 1: What is a 'non-recordable' offence? Does it show up on Criminal Record Background check's? 2: Again, from what I have read numerous times on different forums/articles I have seen that Byelaw offences 'may' show up on an Enhanced Criminal Record Background check. What decides whether or not it 'may' show up? Does it depend on what type of Byelaw offence it is? 3: Are TFL Byelaws any different to Railway Byelaw's offences? 4: What makes Byelaw offences different from, say, the Regulation of Railway offences? Is there a difference in the level of seriousness of the charges and conviction implications between the two? Finally, 5: Certain countries I want to travel to in the future require a visa and also a Criminal Record Background check (Australia, Canada, USA etc...). For this, I will need to provide a 'Subject Access Report' from the Police which shows all the information held about me on the Police National Computer (PNC). Will my Byelaw17(1) offence be held on the PNC? Thanks for any help and advice!
  6. Hi all, today i received a court summons and would greatly appreciate some advice/help from some one with similar experience or knowledge. I am 19, i was 18 at the time. I have just received a magistrates summon, stating that i was questioned at Guildford and failed to show a valid ticket. in the statement written by the ticket officer its references that i had appropriate change, (so intent to pay) and that my reasoning was due to the ticket machine not taking my change. I received several documents but am a bit lost on what is my best option, I personally think that pleading guilty would be the best options. However i am unsure if being present at court would benefit me? Or whether i should sign guilty and provide a cover letter? I'm also would like to know what kind of result this will have eg criminal record, as well as general thoughts on the matter. any help would be greatly appreciated.
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