Fare evasion

[K123]

can you please give me some advice as i've got myself into a simliar situation as you?

thanks

[K123]

Can someone please help me becuase i've got caught using my aunt's freedom pass and they have asked me to come to court, and they are holding me against the history of the pass as i have used it on more than one occassion.

[maroondevo52]

Hello and Welcome, K123.

 

I'll start a new thread for you, please continue to post here.

 

Regards.

 

Scott.

[maroondevo52]

Hello and Welcome,

 

I've started a new thread for you, here's the 'link'........

 

http://www.consumeractiongroup.co.uk/forum/public-transport-trains-tubes/258799-caught-using-my-aunts.html

 

Regards.

 

Scott.

[Old-CodJA]

Did you admit to having used the pass on previous journeys when you were questioned?

 

This is a very serious and particularly offensive form of fare evasion so far as the Rail Companies are concerned

 

Freedom Passes are paid for by public money and are issued to people who are in receipt of state benefit in various forms and qualify for the pass issued by the local authority etc.

 

For this reason, those who are caught using other people's passes to avoid paying fares will normally be prosecuted.

[K123]

Hi, thanks for the reply.

 

Well, when i was questioned on the day they did not ask me about previous journeys - he just asked why i was using it and i said to save money.

 

In the summons they have sent me they have also attached the inspector's conversation with me and the history of the freedom pass and because I've used it on more than one occassion - i am certain that they will question me about this in court.

 

What do you suggest?

[Consumer dude]

I will be honest to you. If you used it and it was'nt yours to use, hold your hands up, try and settle out of court, show remorse and pay the fine which I'm sure is what your get. Get it out the way and move on..

[K123]

hmmm....theres been several letters that i've been sending back and forwards. i wrote to them asking if i could get an out of court settlement and they refused.

The thing is if i plea guilty by post i will be convicted of criminal record and a small fine. if i go court and fight it i have 10% chance and most likely i will convicted of a criminal record and a bigger amount of money bcoz i would have been found guilty.

At the moment am i uni and i can't afford to be convicted of criminal record bcoz it could ruin my future career path

[Consumer dude]

hmmm....theres been several letters that i've been sending back and forwards. i wrote to them asking if i could get an out of court settlement and they refused.

The thing is if i plea guilty by post i will be convicted of criminal record and a small fine. if i go court and fight it i have 10% chance and most likely i will convicted of a criminal record and a bigger amount of money bcoz i would have been found guilty.

At the moment am i uni and i can't afford to be convicted of criminal record bcoz it could ruin my future career path

 

 

 

 

 

I do sym'pathise I really do. We all make mistakes. What I would think of doing would be perhaps talk to the support section of the uni where you are studying (am sure they have them) explain the situation admit that you made a mistake and hopefully get some one to talk on your behalf with a view to getting a settlement out of court as it would be unfair for this to ruin your career..

[dx100uk]

grovel is the only way.

 

have they actually proved it was you on the other occassions, i bet its a like timeframe eachday so you might well be fruked.

 

how long did you do it for....be honest here.

 

dx

[K123]

Yes i've informed my uni...there not sure whether or not it can affect my degree, it's up to the General Teaching Council (GTC)as im training to become a teacher. I have spoken to the GTC and i had to fill out a declaration form an they will assess the situation.

 

But, do i go to court or not?

 

Have you been in this situation or know someone who has?

[K123]

grovel is the only way.

 

have they actually proved it was you on the other occassions, i bet its a like timeframe eachday so you might well be fruked.

 

how long did you do it for....be honest here.

 

dx

 

They haven't proved it was me on the other occassions, but i suppose they could check CCTV cameras and yes theres a consistent pattern in the history

[Consumer dude]

Did you receive a copy of the inspectors report and did you sign anything ?

[K123]

Yes, i recieved a copy of his report and yes i signed it.

 

Although i also wrote a report stating the facts of the situation, and they slightly differ. The inspector's summarise their recordings. I only signed it because he told me - i never really thought about it. He also said all this legal jargon and i just agreed to everything he said - i was scared and they will hold this against me if i attend court

[Consumer dude]

Ask for a copy of the inspectors report (assuming you was never given one and request all other documentation be sent to you that they intend to depend on in a court of law. My attitude would be well if there going for it anyway they may as well do some work as well. Request an adjournment pending any documentaion be sent to you. Good luck..

[UKP]

In addition to the great advice given here so far, I would also suggest that, in accordance with requesting an adjournment contributed by Consumer dude, you MAY want to look into some legal representation for yourself as well in the meantime, particularly if they have already refused your out-of-court settlement requests. It may be a bit out of pocket for you...but their expertise in court will be well worth it to ensure that you do not end up with a criminal record. As a student, you might qualify for some legal aid so, once you get a chance, check with your local Citizens Advice Bureau regarding your eligibility for that. Good luck; I hope you get everything resolved.

[dx100uk]

how long were you doing it for?

 

we need to be honest with you but we cant you're being too cagey

we are here to help....now cough the truth please.

 

dx

Edited May 8, 2010 by dx100uk

[K123]

Thanks for all the responses.

I seen somebody elses chat, how had been through a simliar situation

and it stated the person should be given a chance to pay back the money for the fares they have travelled and it was apparently stated in paragraph 4, section 7 of a document - does any1 happen to know which document this person was thinking of?

I tryed researching it but had no luck. I thought this would be good to highlight if i went to court???

[Old-CodJA]

Thanks for all the responses.

I seen somebody elses chat, how had been through a simliar situation

and it stated the person should be given a chance to pay back the money for the fares they have travelled and it was apparently stated in paragraph 4, section 7 of a document - does any1 happen to know which document this person was thinking of?

I tryed researching it but had no luck. I thought this would be good to highlight if i went to court???

 

I am sorry that this will not be the answer that you are hoping for, but it is accurate. I have been involved in processing these sort of cases for many years.

 

There is no obligation on the rail comapny to offer you any opportunity to settle this matter out of Court.

 

There is no obligation on the rail company to allow you to pay or to ask you to pay the back fares.

 

The offence has been committed, detected and reported. The rail company may issue a Summons for the charge to be put before a Court and if they decide that they are not prepared to settle this out of Court then they are at liberty to proceed.

 

When you receive the Summons telling you when the Court hearing will take place, you will receive with it a copy of the inspectors statement and any evidence that they intend to rely on and all associated papers such as plea form, means form, explanation of the legal process and a written summary in the form of a Statement of Facts to be put to the Court.

 

If you are convicted, the Rail Company's prosecutor will ask the Court to order you to pay the back fares that they are claimiing and their costs incurred in bringing the prosecution.

 

The Court will be likely to impose a fine and a victim surcharge imposed on all people who are fined by the Magistrates in addition to any costs & compensation orders.

 

 

.

[TheFonz1]

I work for a rail company..

 

Ok you made a mistake just go to court apologise and accept your punishment. You can usually pay back over a longer time period.

 

I am not there to judge you but warn anyone else after your experiences it is just not worth the hassle!

[MARTIN3030]

2 threads merged.