Please help - Freedom Pass Problem

[united4life]

Please,Help.

 

Dear team.

 

I'm a blind person and recently my brother was caught using my freedom pass.

 

He wrote to London transport,

 

however he was sent a court summon.

 

He has written another letter asking to settle out of court.

 

We both realise what a horrible mistake it was, but is he likely to allowed to settle out of court?

 

Should we call them to see whether they have received his email.

 

I'm so worried, because the court date is in a month.

 

Many thanks for your help.

 

H

[citizenB]

I am sure someone will be along to help over the weekend.

[antone]

I've moved this to the Public Transport forum, where the guys should be along soon.

[dx100uk]

how many times has he used your pass...honestly.

 

dx

[united4life]

how many times has he used your pass...honestly.

 

dx

 

hi there. I think a week, i mean for all its worth, i actually didn't know it was a crime. but now that is done, I'm regretting not researching this before. i can't seem to find the transport forums link? cheers

[dx100uk]

you are there already

 

if he did it all week this might get serious

 

like court etc.

 

scroll right up the top here

 

and click the bit that says tudes train etc

that'll take you to the forum homepage.

then scroll down and you'll see plenty of other thread [[inc yours here]

 

that mention freedom pass

 

it might benefit you to read each one.

 

the transport guys aren't around much of a w/end

but they'll be up soon.

 

dx

[united4life]

you are there already

 

if he did it all week this might get serious

 

like court etc.

 

scroll right up the top here

 

and click the bit that says tudes train etc

that'll take you to the forum homepage.

then scroll down and you'll see plenty of other thread [[inc yours here]

 

that mention freedom pass

 

it might benefit you to read each one.

 

the transport guys aren't around much of a w/end

but they'll be up soon.

 

dx

 

My brother already has a court summon and he's written to settle out of court. but in the statements it doesn't say that they know he used it for a week.

[dx100uk]

as suggested you need to read the other freedom pass threads.

they WILL look at the passes history.

 

dx

[firstclassx]

Proceed carefully. Sounds as though you may have knew he was using it, although you didn't think it was against the law.

If things are worded incorrectly, you may well find yourself in a bit of bother too!

 

If they've refused to settle, and issued a summons, combined with the fact it is effectively misuse of public funds, it is highly unlikely court can be avoided here. The reality is, had he not been stopped by an Inspector, it is most probable that he would have continued to misuse the ticket/pass.

 

As stated above, they know exactly when and where it was used, and CCTV is checked in some instances where misuse is denied.

 

My feeling on the matter is that a prosecution is justified here, and TfL seem to also have this view.

 

The summons should refer to Section 5(3) Regulation of Railways Act 1889.

If pleading guilty, probably a fine of £300-£500, costs of £100-£150, victim fee of £30-50, and the inevitable criminal record.

If pleading not guilty, and is found guilty, increase by 30-50%.

 

The freedom pass has obviously been confiscated, and they may want you to explain, perhaps under caution, how you lost possession of it, before (if) issuing a replacement.

Edited June 2, 2013 by firstclassx

[noveum]

Find the prosecution department number and ring it untill someone picks up..night and day keep calling it.

 

Have you written already to plead with them?

 

Best of luck - keep us posted.

[united4life]

Find the prosecution department number and ring it untill someone picks up..night and day keep calling it.

 

Have you written already to plead with them?

 

Best of luck - keep us posted.

 

yes hee has emailed them pleading. can I call even though the case is under my brother's name?

You suggest that we keep calling, what should we say to them?

Also if he goes to court one should i go with him and two should he get legal advise or take someone with a bit of legal knowledge?

many thanks.

h

[dx100uk]

have you def WRITTEN to them not just an email

 

dx

[united4life]

Proceed carefully. Sounds as though you may have knew he was using it, although you didn't think it was against the law.

If things are worded incorrectly, you may well find yourself in a bit of bother too!

 

If they've refused to settle, and issued a summons, combined with the fact it is effectively misuse of public funds, it is highly unlikely court can be avoided here. The reality is, had he not been stopped by an Inspector, it is most probable that he would have continued to misuse the ticket/pass.

 

As stated above, they know exactly when and where it was used, and CCTV is checked in some instances where misuse is denied.

 

My feeling on the matter is that a prosecution is justified here, and TfL seem to also have this view.

 

The summons should refer to Section 5(3) Regulation of Railways Act 1889.

If pleading guilty, probably a fine of £300-£500, costs of £100-£150, victim fee of £30-50, and the inevitable criminal record.

If pleading not guilty, and is found guilty, increase by 30-50%.

 

The freedom pass has obviously been confiscated, and they may want you to explain, perhaps under caution, how you lost possession of it, before (if) issuing a replacement.

 

and as far as I know I've not been told to attend. so he's looking at paying almost a £1000? also does a criminal record mean he can't attend University?

[united4life]

have you def WRITTEN to them not just an email

 

dx

 

he wrote to them and then received the summons and he's emailed since theen. should he write too again? and if he calls can he plead over the phone?

cheers

[dx100uk]

so they have never replied indicating they have received his pleading grovelling letter?

 

dx

[united4life]

so they have never replied indicating they have received his pleading grovelling letter?

 

dx

 

no. they wrote to him asking for an explanation and he wrote back explaining what had happened and in actual fact he should have asked then to settle out of court. anyways after that letter, they sent the court summon a week ago.

[dx100uk]

keep ringing the number on the first letter [ the one where you sent that pleading letter too]

 

dx

[Old-CodJA]

no. they wrote to him asking for an explanation and he wrote back explaining what had happened and in actual fact he should have asked then to settle out of court. anyways after that letter, they sent the court summon a week ago.

 

 

There is nothing wrong with keep trying to convince TfL to settle, however the purpose of sending you the NIP was to allow you to put forward an explanation of your actions.

 

TfL will have considered your reply and not accepted your actions as justified hence the issue of a Summons alleging the criminal offence of attempting to avoid payment of a fare contrary to Section 5.3 of The Regulation of Railways Act (1889). They do not have to write back and give any reason, an offence has been detected and a Summons to answer that charge has been issued.

 

As others will have said, this is considered a very serious breach of trust because it is a misuse of a publicly funded resource. TfL are not obliged to accept any offer to settle in any case, if you are extremely lucky they may do so, but do be prepared to pay their full administration costs and an unpaid fares immediately if the do relent and allow an opportunity.

 

It seems unlikely, but you never know.

[noveum]

a fair point there....

 

These are publically funded passes... so its not a case of mr X purchased a monthly and let her wife use it for a day then gets caught?..

 

publically funded passes will be seen differently..

 

hold tight and try not to let it worry you too much.

[united4life]

a fair point there....

 

These are publically funded passes... so its not a case of mr X purchased a monthly and let her wife use it for a day then gets caught?..

 

publically funded passes will be seen differently..

 

hold tight and try not to let it worry you too much.

 

thank you but to be honest my naive ways have caused this and they are not responding and my brother is in the middle of his exams, but I'm praying.

[united4life]

Hello guys.

 

so my brother sent an email asking for forgiveness and told them he was going to study in medical.

 

they asked for proof and he provided this,

 

but today they have refused it.

 

the court is next week,

 

whats the best thing to do now please?

 

get legal advice?

 

should i go with him to court even though they didn't ask for me?

 

please please someone help?

[Old-CodJA]

Unfortunately as we had commented previously, TfL are not obliged to grant or accept any offer of settlement

 

You can attend Court with your brother, but you will have to sit in the public area and unless you are specifically granted an opportunity to speak, you will not be allowed to take part in the hearing.

 

I think your brother really needs to speak with a Solicitor who specialises in criminal matters and who is local to the Court where his case is to be heard

 

This is not a charge that qualifies for legal aid in these circumstances, so he is unlikely to get help from the Duty Solicitor at Court though it's worth a try, but most law firms will give an initial consultation for a very reasonable fee

[sailor sam]

If you can convince the court that this was a 'one off' then they may be lenient. But if you knowingly allowed him to use your pass, then IMO the very least is that you should have the entitlement withdrawn.

[BazzaS]

Hello guys.

 

so my brother sent an email asking for forgiveness and told them he was going to study in medical.

 

they asked for proof and he provided this,

 

but today they have refused it.

 

the court is next week,

 

whats the best thing to do now please?

 

get legal advice?

 

should i go with him to court even though they didn't ask for me?

 

please please someone help?

 

Your brother needs a plan for if he is unable to persuade TfL not to proceed to court.

 

He should seek advice from the GMC and the admissions officers of universities he intends to apply to.

 

If he goes to court he needs to decide if he wishes to plead guilty (if he believes he was guilty of the offence.

There is a possibility that (if found guilty) the admissions team will look at his plea ; if he pled not guilty that may show a lack of willingness to accept that he had done wrong.

 

There was a case of a student with a spent conviction who was refused admission by one medical school, but later offered an interview by another:

http://www.guardian.co.uk/education/2008/jul/11/highereducation.uk

 

Imperial College refused him and notes at:

https://workspace.imperial.ac.uk/registry/Public/Admissions/Undergraduate%20Admissions%20Policy.pdf

4.4 Criminal Convictions

 

(i) Applicants for non-medical courses who declare a criminal conviction:

 

While we do not wish to penalise an ex-offender the College does have a duty of care to

its wider community and there may be occasions when an academically suitable applicant will be refused entry.

 

The College's policy is that applicants who declare a criminal conviction are initially reviewed on the same

academic grounds that apply to all applicants. If a department wishes to make an offer, the applicant will be

contacted for further details and the case will be reviewed by the Chair of the Undergraduate Admissions

Committee and a College Tutor so that the applicant’s suitability can be assessed.

 

It is the responsibility of applicants to inform the College of any convictions occurring after the UCAS

application has been submitted and throughout their College career.

 

(ii) Applicants for medical courses who declare a criminal conviction:

 

Admission to and continuation on the MBBS/BSc and MBBS course(s) at Imperial College London is subject

to the Rehabilitation of Offenders Act (1974) Section 4(2) (Exemption) Order 1975 and DHSS Circular

HC(88)9 guidelines regarding child protection and police checks. As a condition of acceptance/continuation,

all applicants and continuing students are required to have completed and cleared an enhanced criminal

record disclosure by a given deadline.

.

 

[united4life]

thanks. How caan we find a solicitor who works around that area please?

Unfortunately as we had commented previously, TfL are not obliged to grant or accept any offer of settlement

 

You can attend Court with your brother, but you will have to sit in the public area and unless you are specifically granted an opportunity to speak, you will not be allowed to take part in the hearing.

 

I think your brother really needs to speak with a Solicitor who specialises in criminal matters and who is local to the Court where his case is to be heard

 

This is not a charge that qualifies for legal aid in these circumstances, so he is unlikely to get help from the Duty Solicitor at Court though it's worth a try, but most law firms will give an initial consultation for a very reasonable fee