Boyfriend used my freedom pass on bus, will he be prosecuted?

[twamary]

My boyfriend took my freedom pass without me knowing and used it to get on the bus. An inspector came on and his details have been taken down.

 

He used the freedom pass as we are struggling financially, he ran out of money and had no other way to get to work. He's a chef so if he calls in sick he doesn't get paid as he is paid hourly.

I am disabled and my boyfriend provides for me, so not going to work for one day would have a massive blow on our rent/food money along with my medical expenses (private therapy as still on nhs waiting list)

 

Before he used the freedom pass, his mum paid for him to get a new bike because she knew we were struggling. The bike arrived the same day before he used the freedom pass, but it was dismantled and he couldn't put it together and used freedom pass as a last resort

 

I understand this isn't an excuse, and it was very stupid of him to do it.

He can also prove all of the above

 

When they write to him to ask for a defence, will explaining this do anything? Or is he likely to go to court/pay a ton of money?

 

When writing the letter, what should it contain?

 

I really hope he doesn't go to court or have to pay a lot of money, we are already struggling so much and it would make things so unbearable.

 

Maybe he should be asking these questions, but I suffer with anxiety and this whole situation has got me so worried

[honeybee13]

My boyfriend took my freedom pass without me knowing and used it to get on the bus. An inspector came on and his details have been taken down.

 

He used the freedom pass as we are struggling financially, he ran out of money and had no other way to get to work. He's a chef so if he calls in sick he doesn't get paid as he is paid hourly.

I am disabled and my boyfriend provides for me, so not going to work for one day would have a massive blow on our rent/food money along with my medical expenses (private therapy as still on nhs waiting list)

 

Before he used the freedom pass, his mum paid for him to get a new bike because she knew we were struggling. The bike arrived the same day before he used the freedom pass, but it was dismantled and he couldn't put it together and used freedom pass as a last resort

 

I understand this isn't an excuse, and it was very stupid of him to do it.

He can also prove all of the above

 

When they write to him to ask for a defence, will explaining this do anything? Or is he likely to go to court/pay a ton of money?

 

When writing the letter, what should it contain?

 

I really hope he doesn't go to court or have to pay a lot of money, we are already struggling so much and it would make things so unbearable.

 

Maybe he should be asking these questions, but I suffer with anxiety and this whole situation has got me so worried

 

Hello and welcome to CAG.

 

As you say, TfL or the relevant company will write to your boyfriend in the next few weeks, asking for his version of events. He will need to write back truthfully with an explanation and promise never to travel without a ticket again. He can ask if they will allow him to reach an administrative settlement with them by paying the fare due and their reasonable admin costs. There isn't a template for this, he will need to write in his own words.

 

It's hard to say what their reaction will be, because as you may have read, Freedom Pass abuse is taken seriously by the train/bus operators.

 

Has he only used the pass once?

 

My best, HB

[twamary]

How much would the admin costs be on average?

 

I don't know if he has used it more than once. If they look through the history and find that a similar journey has been made, will this be taken into account or just the time the inspector caught him with it? He says he used it once, but it may have been more than once and he hasn't told me

 

Should he provide proof of things, such as my disability, bike delivery etc? Should fine details be made such as financial situation, where he works, etc?

[BazzaS]

My boyfriend took my freedom pass without me knowing and used it to get on the bus. An inspector came on and his details have been taken down.

 

He used the freedom pass as we are struggling financially, he ran out of money and had no other way to get to work. He's a chef so if he calls in sick he doesn't get paid as he is paid hourly.

I am disabled and my boyfriend provides for me, so not going to work for one day would have a massive blow on our rent/food money along with my medical expenses (private therapy as still on nhs waiting list)

 

Before he used the freedom pass, his mum paid for him to get a new bike because she knew we were struggling. The bike arrived the same day before he used the freedom pass, but it was dismantled and he couldn't put it together and used freedom pass as a last resort

 

I understand this isn't an excuse, and it was very stupid of him to do it.

He can also prove all of the above

 

When they write to him to ask for a defence, will explaining this do anything? Or is he likely to go to court/pay a ton of money?

 

When writing the letter, what should it contain?

 

I really hope he doesn't go to court or have to pay a lot of money, we are already struggling so much and it would make things so unbearable.

 

Maybe he should be asking these questions, but I suffer with anxiety and this whole situation has got me so worried

 

The circumstances leading to him choosing to use the pass are not a defence.

 

They might be seen as mitigation (making it more likely that TfL will choose not to take it to court [ but see below, rare] or - if it goes to court and he is found / pleads guilty , that the penalty will be reduced )

 

TfL take Freedom Pass abuse seriously : it is rare for them not to prosecute : the passes are paid for from the public purse and are intended to benefit groups who are traditionally seen as disadvantaged. (I got "Told off" by one respondee who correctly pointed out that not all e.g. disabled are disadvantaged - True, but many are!)

 

If it does go to court they are likely to proceed under : travelling without having previously paid his fare with intent to avoid payment thereof ; from what you have said he'd have difficulty defending this.

 

If it went to court, would he plead guilty?.

 

You also need to consider where you might need to use caution : would you try to get your pass back / replaced?.

Here you face a cleft stick : if you say he took it with your permission they don't have to issue you a replacement.

If you say you "lost" it or he took it without permission : he might become liable to be prosecuted for theft (of the pass )

[honeybee13]

Hello there.

 

You're asking questions I'm not sure of the answers to, I'll send a couple of SOS's and try to get you more help.

 

If this is TfL, they can check card use going back two months for similar journeys.

 

HB

[twamary]

The circumstances leading to him choosing to use the pass are not a defence.

 

They might be seen as mitigation (making it more likely that TfL will choose not to take it to court [ but see below, rare] or - if it goes to court and he is found / pleads guilty , that the penalty will be reduced )

 

TfL take Freedom Pass abuse seriously : it is rare for them not to prosecute : the passes are paid for from the public purse and are intended to benefit groups who are traditionally seen as disadvantaged. (I got "Told off" by one respondee who correctly pointed out that not all e.g. disabled are disadvantaged - True, but many are!)

 

If it does go to court they are likely to proceed under S5(3) of the Regulation of Railways Act 1889 : travelling without having previously paid his fare with intent to avoid payment thereof ; from what you have said he'd have difficulty defending this.

 

If it went to court, would he plead guilty?.

 

You also need to consider where you might need to use caution : would you try to get your pass back / replaced?.

Here you face a cleft stick : if you say he took it with your permission they don't have to issue you a replacement.

If you say you "lost" it or he took it without permission : he might become liable to be prosecuted for theft (of the pass )

 

What is a reasonable defence in such a circumstance? Should he bother writing these reasons?

 

I'm not sure what he would do. He seems non nonchalant about the whole thing, convinced he will just receive a fine through the post but I have done my research and know otherwise

 

Will they not see the reasons behind his actions and have some sympathy? Maybe I am being too hopeful, and should just prepare for the worst. If he is prosecuted, will he have to notify his employer? What affect will the prosecution have?

 

I do need a freedom pass, should I just say I lost it to avoid him being prosecuted for theft? Do they not have a record of the fact it was taken by tfl?

[BazzaS]

What is a reasonable defence in such a circumstance? Should he bother writing these reasons?

 

I'm not sure what he would do. He seems non nonchalant about the whole thing, convinced he will just receive a fine through the post but I have done my research and know otherwise

 

Will they not see the reasons behind his actions and have some sympathy? Maybe I am being too hopeful, and should just prepare for the worst. If he is prosecuted, will he have to notify his employer? What affect will the prosecution have?

 

I do need a freedom pass, should I just say I lost it to avoid him being prosecuted for theft? Do they not have a record of the fact it was taken by tfl?

 

I don't want to be "all doom & gloom", but I've yet to see a believable defence. Others who work on the railways (+\- in a Revenue a Protection / Prosecutions) might have seen a valid defence : but I bet these were rare as hens teeth and relied on a specific scenario : there is no ' magic wand to wave'

(I don't work in RP / prosecutions, nor do I work on the railways, but I hope my info is accurate and pertinent)

 

Just because there might not be a defence doesn't mean he shouldn't try, by writing. They are humans, not robots, and even with the tough line they take, they do have some discretion.

They probably have heard every "sob story", so make sure it is 100% true - they'll have a finely tuned "BS" detector for inconsistencies. This doesn't mean it isn't worth trying, being honest in his reply.

 

He won't have to notify his employer if he is told he is being prosecuted. He may have to notify his employer if he is convicted.

This will depend on a) what the offence is, b) what his contract of employment requires of him, and c) if his job requires a DBS/eDBS (which used to be called a "CRB")

 

Chef in a restaurant ( no direct public contact) : likely doesn't need a DBS. Chef in a school : might do, e.g. If comes into contact with the school kids.

 

I mentioned previously the downside of saying you "lost" your pass. It would mean you are saying he didn't have your permission to have the pass.

 

He "appropriated" it (by taking it and assuming control over it). If he did this "Dishonestly" and with "intent to permanently deprive" then this is Theft.

Dishonesty wouldn't be hard to show (he knows it is yours, not his, it has your photo on), and even if he said he meant to give it back a court can still find intent to permanently deprive (as it risks being confiscated / only returned later with some of its "Goodness"/utility gone.

 

If you say you lost it or he took it without permission : theft.

If you say you gave him permission : not theft but they don't have to give you a replacement since you agreed as one of the conditions not to give it to someone else.

Additionally : you can be prosecuted if you say you gave it to him :

 

Railway Byelaw 22(2):

"No person shall transfer or produce a ticket on behalf of another person intending to enable that other person to travel without having paid the correct fare."

(Or it's TfL bus / underground equivalent bylaw)

 

So, my advice (regarding if you gave permission) is to is say nothing unless asked.

If asked : tell the truth, with apologies.

[ashmk]

In my opinion, lost it or took it without your consent, either way he would have known he had it without your knowledge and could be seen as theft.

 

If it were me I would be straight with them, put my hands up and say sorry I did it but I have learned an important lesson and it wont happen again.

 

If you try and cloud the whole thing with wishy washy excuses you might get their backs up.

[twamary]

In my opinion, lost it or took it without your consent, either way he would have known he had it without your knowledge and could be seen as theft.

 

If it were me I would be straight with them, put my hands up and say sorry I did it but I have learned an important lesson and it wont happen again.

 

If you try and cloud the whole thing with wishy washy excuses you might get their backs up.

 

So do you think he should give the whole story as to why he used it? (financial hardship, me being disabled etc) or just say "I used it, I'm sorry, I won't do it again" kind of thing?

If he was going to state the reasons why, even though they're not valid, he would also obviously say he knows it isn't valid and hopes they possibly understand, is sorry and assures them it will not happen again

[Bravot]

This was on a bus so different regulations apply. Due to the nature of the incident a prosecution is highly likely and you will probably lose the privilege.

 

 

If you report it lost or stolen then enquiries will be made and you could end up as a party to the prosecution against him.

 

 

There is no statutory defence nor one that will have any bearings on TfLs however you may be able to appeal for some level of clemency.