Caught using my Mum's Freedom Pass

[Krissie]

Hi I am in the same problem - would this show on my enhanced CRB??

[Krissie]

Hi Al

 

I have read some of the post on here for advice but thought it would be good for me to write my own as my story is a lil different.

I was caught using my mum's freedom this evening - I recently I lost my job due to cuts so unexpectedly as I only had my job for 3months I got no pays out and I have been slowly been going in the red as I am also studying and was paying for my course - I finally got so part-time trainee unpaid work to keep me busy whilst looking for work but sadly couldnt afford to pay for the journey to and from.

Because of pride and not wanting to be a charity case I took my mum's freedom pass to help me just until I got back on feet but sadly I seem to have gotten myself in more trouble. When speaking to the officer I explained that I hadnt told my mum that I had taken her pass and told her that I was a student. I am to the understanding that I would have to write a letter explaining my situation and pleading guilty for using the pass but would this really show up on my Enhanced CRB as it my damage my chances in getting a new job!!!!

 

Thanks

[papasmurf1cx]

Here is the Home Office information http://www.crb.homeoffice.gov.uk/guidance/applicants_guidance/levels_of_crb_check.aspx

 

The short answer is that it might show up as local police records are checked. was there a Police Officer taking your details? Normally there could be a revenue inspector + a PC.

 

Showing up on the CRB check doesn't stop you being employed. The employer just needs to see what kind of risk you are.

 

How old are you? What are you training for?

[Krissie]

there wasn't a police officer there just a tfl ticket inspector. I am 22yrs old and am studying hairdressing - I know that this probably wouldn't matter in casse of a crb but I have been working in youth services as admin assist (well before I had to leave).

So are you saying that it will show up on my CRB. Also my mum was unaware that I had the oyster card should I state this when I write them a letter???

[dx100uk]

if you have admitted that this has been a regular occurance and i admire your honesty here, sadly i think you will get a conviction and a criminal record out of this.

in most of these like cases, they do go to court.

pleading letter might help

 

however, pers i'd wait for oldcodja or one of the other more knowledgeable members to comment before you do anything

 

if it does not go to court it will not show on your crb.

 

and anyway as advised, the crb is a bit like an mot, there are very few jobs where such a marker will affect your chances, and specifically, you cannot be refused a job, nor be sacked 'because' of a bad crb alone in most cases.

 

dx

dx

[Krissie]

may i ask why you think i would get a conviction for this......if i have a convection surely it would damage my position in getting any job???

I didnt admit to using it regularly but I did admit to have using it when she pulled me up. The lady didn't say anything about me going to court when talking me thru what i should do but she did say that a letter will come asking about my current situation etc. Its only whilst I've been on this website I have seen people talking about jail, crb, court etc!!!!!

[dx100uk]

calm down krissie, no-one has mentioned jail!

 

you p'haps might well be lucky here and i hope you are but.........

 

sadly, what you have done is a criminal offence, and as such you could be well be convicted.

 

typically most cases of fraud, which is what you have committed here, are a one-off 1st and only offence, and get sorted by a pleading letter and offerance of all costs etc to stop it going as far as to court.

 

in your case [even though you did not say so nor were asked? [which is good]] how long had you been doing it -

if they use their systems to search that pass use and view their CCTV

it will be obvious that this has been going on for XX days,

sadly i think if that happens you are on a sticky wicket and will do well if you avoid a court appearance and criminal conviction

 

you need to read a few threads in this forum

 

but as said before

 

pers i'd wait till spro or old codja pop up to pass comment

they are by far the best members to advise you.

 

dx

siteteam.

[Wriggler7]

DX knows a thing or two, he has said 'no one has mentioned jail'.

 

Sooner or later, someone will, so let us deal with the prospect of jail and put some perspective into this.

 

Second & subsequent convictions of offences under Section 5,3,a of the Regulation of Railways act can lead to prison.

 

But: Courts are reluctant to lock up anybody. There is no risk of you getting a custodial sentence if this is the first time you have been caught. It just will not happen.

[Wriggler7]

The 'prosecuting authority' will write to you before they do anything. It may be useful to tell us where you were caught, or whose inspectors caught you.

 

Their first letter may give an indication of what they want to do. If you do not answer their letters, the case will almost certainly go to Court. We normally advise waiting for their letter before you do anything.

[Wriggler7]

When you get their letter, which may be a few weeks time, you will wish to reply carefully. Tell them nothing that they do not already know, but ask if the case can be settled out of Court. It is their choice, but they may accept a settlement equivalent to their costs and the 'avoided fare'.

[Wriggler7]

If the cae does end up in Court, the normal result is 'just' a fine, costs and compensation (and the victim surcharge) None of us can predict what a Court will do, but experience suggests a total cost to you of something like £300 to £350.

 

A conviction for this type of offence is 'recordable'. Most employers will understand that all of us have done one or two things in our lives that we are 'not proud of', and will view such a conviction appropriately. It is not the end of you life or anything too dramatic.

[Krissie]

I know that he hasn't mention jail but reading out threads for advice I have seen other people mention jail.

I came on to find out advice when writing my letter such as what info to write etc, but seems this has worried me even more.

As my working in YOUTH SERVICES I have seen them turn people away because their CRB isn't fully clean.

I would of throught it would of been best interest in mine and the tfl to keep this out of cost but reading threads again it seems like only a few have had the chance to deal out of court. And maybe my honesty at the time didnt do me much favours.

Also if likely for them to check the whole history for the pass as i thought you would only be convicted for the travel cost for the journery they stopped you on? I was stopped at Notting Hill Gate the inspector was in uniform and wasnt an officer.

 

When writing my letter to say am guilty should I include that I was out of work?

 

Thanks for your help

 

Kris

[Krissie]

sorry i mean she wasn't a police officer and she had a badge that she showed me and i think it may have been a tfl one. The way she spoke to me I thought it would be easy and less likely to go out court if I admit and say am willing to pay its only since being on here I realised it is unlikely and more likely to go to court. How do they decide?

[SRPO]

Hi I am in the same problem - would this show on my enhanced CRB??

Yes

[SRPO]

Unless the officer questioned you about other days usage you can only be prosecuted for that days use.

They can check your usage if you want to contest the matter but only if they have to.

I strongly doubt they will not prosecute you as this type of offence is regarded as serious, they may accept an out of court settlement but as you have no money to pay it I doubt that will happen either.

As others have said, respond to their letter explaining your circumstances & ask them to settle out of court, be humble & apologetic, do not show them any 'attitude' or they will just ignore you & proceed to court.

[Wriggler7]

What you haven't told us is how old you are. Under 18s will find that they are treated differently to over 18s.

 

Few prosecutors regularly take under 18s to Court. (My local line prosecutes about a dozen youths annually, compared with about 1,000 adults)

[Krissie]

even if it doesnt go to court?

[Krissie]

Unless the officer questioned you about other days usage you can only be prosecuted for that days use.

They can check your usage if you want to contest the matter but only if they have to.

I strongly doubt they will not prosecute you as this type of offence is regarded as serious, they may accept an out of court settlement but as you have no money to pay it I doubt that will happen either.

As others have said, respond to their letter explaining your circumstances & ask them to settle out of court, be humble & apologetic, do not show them any 'attitude' or they will just ignore you & proceed to court.

 

sorry but if it is serious why wouldnt they prosecute me?? I am more worried about my enchanced CRB!!! Its jst been one thing after the another this couple of months!!

[SRPO]

even if it doesnt go to court?

only a court can give you a criminal conviction, however the police can give cautions which will show up on a CRB check.

[SRPO]

read my post again.

[Krissie]

so in other words you think they will check the usage and prosecte me! I am 22yrs old, am currently looking or wk so if I find work I would be more tha happy to pay an aways have. By being made jobless so quikly an getting any payments from my redenucany, studyin part-time and paying for the course I havent go money at the moment - but I would more than willing to pay if they offer me a payment plan etc.

I wil write a letter and explain them and say sorry but I suppose am struggling and not thinking. Am more worried about my CRB incase I need it for work purposes - I also find it strange that you can get caught drivin whilst on a phone which is a much serious matter as it may kill someone and it doest show up or go to court unless you agure. How long will something like this be put against you.

Also does it take long to slove these matters?

[Krissie]

also is it less likely to go to court if I write them back to the 1st letter apologising - give advice of not working since what ever date etc. - and a bit of grovelling?? I would really want to get this settled as soon as possible and with as lil disruption as am still looking for work!! if you honestly feel that it it is highly unlikely for me to get the chance to pay out of court yo dont need to butter it. It just seems that no ones seems to get away with paying out of court

[dx100uk]

i would say the opposite. most people do not end up in court.

 

however, and don't take this wrong. but you seem little concerned upon the fact that you did quite deliberatly defraud the railway network over a considerable amount of time, appearing more concerned with the effect upon your future life having now been caught will have.

 

pers i think you will be lucky and resolve this without a blemish, but you won't be able to take advantage of this if you plead poverty and say i cannot pay what they want.

get in contact with a family member that can help you financially with this, it will save the rest of your life by keeping your crb [if it gets marked] clean.

 

dx

[Krissie]

I am concerned that I have defraud the rail services - but if my crb is marked it may damage my career so am concerned about my well being.

I know I have done wrong and I would be more than willing to pay them back even if it takes me months!!! I haven't got a problem with that at all and that is probably why it seems like that as I am not mentioning it as I know i've done!

Thanks for your help am very grateful - maybe i should stop reading threads as I am mostly reading people saying that they wasnt given the chance to settle it out of court!

[SRPO]

I dont see any point responding as you appear to be unable to comprehend my previous posts.

DX, the opposite is true of people reported for fare evasion, the vast majority end up convicted.