Used someone else's Freedom Pass, waiting for letter from train operator

[lovelycat]

this s going to be my letter :

 

I am writing to you to apologize for using my auntie's freedom pass. I really did not know that I am allowed to use that. I thought it's free so i just grabbed the pass from the table. My aunti doesnt even know that I used it. Im going to meet my friend in London bridge for a job interview on Thursday, March 22 2012. It was the first time i have used it and in the train only. I have 2 oyster cards. One is with my picture and the other one is just the normal one (spare one). The officer asked me why am i not using the oyster card with my photo often is because I dont want to lose it because this is my 2nd oyster card with photo. I want to keep it as a remembrance when I go back to my country in 2013. Unfortunately, that day I couldnt find my normal osyter card (spare one). So luckily I have my oystercard with photo. And I saw my auntie's pass and brought it coz i thought I can use it. I really dont know some of the rules and regulations about this. I thought it's just like a normal oystercard when you top up 1 month unlimited you can use it.I am really sorry.

 

 

Ive been in your country for 1 year and 7 mos but never did I break any rules. When I am on a student visa before, everything that is told me by UKBA, I follow them. I pay my tuition fee, my tax and I followed the working hours allowed for us students. But I have never ever done anything mad because I want to keep my name clean so I can still enter in this country without any problem. It's just my ignorance that made me use my aunt's oyster card.

 

I did not know that this is an offense. I dont want to be put behind bars. I am so scared. I do not have a very huge money in my bank account. I am willing to send you my bank statements and payslips. I dont want to end up in jail please. I am only staying in my auntie's house as I could not afford to pay for rent.I am just in a Post study work visa and working part time for an agency as a healthcare assistant.I will go back to my country aug 2013 as my visa will end already,I am unemployed at the moment. I just lost my temporary job last week for lebara mobile that's why I am going to attend for an interview on that day in Stanmore for ICE Enterprise.I also lost my healthcare assistant job , I have received my p45 from them. I am really having difficulties with my finances. You can also contact my agency for lebara mobile and they can prove to you that I am not working for them anymore.I hope you accept my sincere apology. I promise it will not happen again. I have learned from my mistakes. I am going to be more responsible and not to be moron with your rules and regulations.

 

My auntie is really mad at me and I understand that because I failed and I let her down. Now she does not have a pass to use for her every travel. I realized the problems i caused to myself and my family. I am so ashamed. I am really stressed out with this problem I have done. I could not concentrate anymore. I really regret this. This is really depressing and it's killing me. From honest to goodness, I really did not know. These things were not discussed to me by anyone. My auntie doesnt even talk to me now. If I only knew that this is an offense, I would have not used it.I am really sorry. I would also like to say sorry to the officer for the added work I have caused him and thank him as well as he was nice to me even if I made an offense.

[lovelycat]

Sorry for my english

[Old-CodJA]

sorry. may i know what OP means? thank you very much

 

Original Post, Poster or Posting

[weallmademistakes]

you just have to wait for their reply and hope for the best,I know it's a really difficult time for you but I am sure you will get through it

[wtlh]

Hi,

 

In my honest opinion it is unwise at to emphasis too much on your financial difficulty and inability to pay the fine, when and if you plan to contact the company.

 

Few points:

 

1) It is NOT the train company that is going to issue fines, it is the courts if the prosecution is to go ahead. What this means is that the train company will care zero, NADA, about whether you can pay the fines or not. It is the court's problem, not theirs.

 

2) The train company will not settle outside the court for nothing. It is entirely their choice and it is your job to be as persuasive as possible for making them to think that settling outside the court is a more convenient course of action for them to take. Hinting the fact that you may not be able to pay the couple of hundred pounds of administration cost for settling out of court is not wise in my opinion. (The normal out of court settlement cost is about 200 to 350 or more depending on the case involved.)

 

Therefore if they think you are in financial trouble it is likely to encourage them to take you to the court. It is much less hassle to just let the court and the bailiffs to chase you around for the money, instead of having to discuss terms of out of court settlement, and taking the risk that you may not be able to meet the payment agreed etc.

 

Now having said that, future will NOT be as bleak as you may think now.

 

Even if you are convicted by the court, you will NOT go to prison. You will get a fine and a criminal record, which will be spent in 5 years (or just 1 year if and when the new government proposal is put into effect). So unless you are in a profession that has the strictest requirement on a clean record, this mistake will not cost you that much, especially as you have mentioned that you may be heading home for the long term soon.

 

So if your aim is to minimise your financial hardship, write what you have mentioned in your letter, fill the means testing form (which you will likely to receive as part of the court summons) and support with as many evidences as possible when you plead guilty to the court. The court will normally impose fines appropriate to your financial situation.

 

If your aim is to avoid the criminal record, then you have to convince the train company that this is absolutely the first mistake etc and a criminal record would have disproportionate effect on your life. You MUST mention however that you are willing to pay any amount that may incurred because of your action. And hope.

 

Personally I think your chances of setting out of court is very slim, as the train company's---TFL, I suppose?---prosecution policy states that misuse of a public founded concessionary pass SHOULD be progressed to prosecution unless there are really exceptional circumstances. But as I said before it is not really end of the day. With the current economic climate going back home country to find a job may not be a bad option. And the criminal record would be spent after you have gained a few years of work experience, so there will be nothing really bad stopping you to come to the UK again if any new job opportunities etc comes up, and if you still want to come.

 

Anyway, the first thing you need to do is actually do nothing. Don't rush sending the letter, wait for the first letter from the company first. They are dealing hundreds of cases each week with a team of handful of people, so expect your correspondence to get lost if you don't already have a reference number.

 

Regards,

 

Wtlh

Edited March 26, 2012 by wtlh

[lovelycat]

Sir Wtlh,

 

Thank you so much for your reply. I will follow what you have said. I want to avoid the criminal record.

 

 

I will update you all soon

 

 

Im just hoping that somehow they will be lenient to me.

 

 

Thank you

[lovelycat]

you just have to wait for their reply and hope for the best,I know it's a really difficult time for you but I am sure you will get through it

 

Thank you very much

[lovelycat]

Hello

 

As I have said, I will update you with this incident. A lady from the borough phoned my auntie this morning to tell her that they are going to replace her freedom pass. Thank goodness. My aunt speaks to me but I can tell that she is still ****ed off at me.

 

I'm worried still about the fine but somehow I'm happy because they replaced her card.

 

Have a great day to you all.

[lovelycat]

Hi everyone..

 

It's been three weeks since they caught me using my aunt's pass.. still waiting for the letter... It's making me nervous

 

By the way, got the job from that Interview.. Thank God

 

If may just ask you mam/sir, should i put yes in the Criminal Convictions section of my contract in my new job?

I dont even know what's goin on. I am still waiting for the letter and Im scared that it might be a problem. Please I need your advise thank you

 

 

Have a nice day!

Edited April 14, 2012 by lovelycat

[honeybee13]

Hi everyone..

 

It's been three weeks since they caught me using my aunt's pass.. still waiting for the letter... It's making me nervous

 

By the way, got the job from that Interview.. Thank God

 

If may just ask you mam/sir, should i put yes in the Criminal Convictions section of my contract in my new job?

I dont even know what's goin on. I am still waiting for the letter and Im scared that it might be a problem. Please I need your advise thank you

 

 

Have a nice day!

 

Hello again. I hope the guys will be along with advice for you when they can. Have you told your prospective employer that you may have a pending case about a rail fare please?

 

My best, HB

[Justice_]

Hi everyone..

 

It's been three weeks since they caught me using my aunt's pass.. still waiting for the letter... It's making me nervous

 

By the way, got the job from that Interview.. Thank God

 

If may just ask you mam/sir, should i put yes in the Criminal Convictions section of my contract in my new job?

I dont even know what's goin on. I am still waiting for the letter and Im scared that it might be a problem. Please I need your advise thank you

 

 

Have a nice day!

You do not need to tell your employer unless you receive a conviction. You have not even received a summons yet so don't worry.

[lovelycat]

thank you honeybee and Justice

 

you dont know how much I appreciate all your help

 

God bless

[lovelycat]

Hello again. I hope the guys will be along with advice for you when they can. Have you told your prospective employer that you may have a pending case about a rail fare please?

 

My best, HB

 

Hello

I havent.. and I will not as what Justice advised me.

I am going to submit my contract tomorrow.

 

thank you

[Justice_]

Hello

I havent.. and I will not as what Justice advised me.

I am going to submit my contract tomorrow.

 

thank you

Some further information for your peace of mind:

 

https://nationalcareersservice.direct.gov.uk/advice/planning/Pages/convictions.aspx

 

- You do not have to disclose convictions at all unless asked or required to. You could be required to by vague clauses in your contract, such as "You must not bring the company into disrepute".

- You never have to disclose a summons unless you receive a conviction. You are innocent until proven guilty.

- If you only have spent convictions, you can legally LIE and say that you don't have a criminal record or any convictions.

 

You can also read the actual legislation on this matter here:

 

http://www.legislation.gov.uk/ukpga/1974/53

[lovelycat]

oh thank you very much for this!

 

By the way. I have received the letter today and I have written my apologies at the back of the letter. Im gonna send this tomorrow. I just wish the officer would be considerate. [edit] is the name of the Prosecutions Manager. Said in the letter.

 

Have a great one!

Edited May 17, 2012 by honeybee13
Removing personal details.

[BazzaS]

Some further information for your peace of mind:

 

- If you only have spent convictions, you can legally LIE and say that you don't have a criminal record or any convictions.

 

You can also read the actual legislation on this matter here:

 

http://www.legislation.gov.uk/ukpga/1974/53

 

Unless the post is exempt from the provisions of the Rehabilitation of Offender's Act (where they'll also likely request an Enhanced CRB), where even spent convictions must be disclosed ......