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Fare Evasion - used parents freedom pass - wrong address

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Was stopped by an inspector for using parents freedom pass a year ago.

Provided ID and name etc.

 

Driving license I showed had a previous address so all correspondence was sent to this wrong address.

 

At the time when the inspector requested ID I did not provide updated address as this was not on the license.

 

I now regret not giving current address but at the time I simply provided my ID and did not think of this.

Name and DOB given were correct.

 

I have now recently received a 'Further steps notice' letter with court fine of almost £500 and discovered that this case had gone to Magistrates court in my absence.

 

Should I make statutory declaration as I was unaware or will I be questioned for not updating the DVLA of my address?

Edited by dx100uk
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You knowingly provided id with an old address on it.

What do you think will happen when you put on your stat Dec that you knowingly did this?

At best it will be rejected

At worst your committing perjury and would be charged.

You now have a criminal conviction and its all your own doing.

You could technically also be charged and fined up to £1000 for failing to update the secretary of state a change in circumstance. ( not updating your driving licence) if the address on licence you didn't have regular contact with. I.E its ok to have your parents address on it if you can regularly get your mail and your Say a student and would bechanging your address quite regularly

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You knowingly provided id with an old address on it.

What do you think will happen when you put on your stat Dec that you knowingly did this?

At best it will be rejected

At worst your committing perjury and would be charged.

You now have a criminal conviction and its all your own doing.

You could technically also be charged and fined up to £1000 for failing to update the secretary of state a change in circumstance. ( not updating your driving licence)

 

Sgt - Please take care and dont be so critical

I appreciate being direct can help but please be careful in how you respond to people

Edited by Andyorch
Edited

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Cag is not for advice for people who knowingly flout the law and look for loop holes to get away with it.

It is to right wrongs and give advice on how to proceed against people/ company's who dont follow the rules.

I dont sugar coat replys. No point.

People need facts, not someone saying there there there, it will be alright when quite clearly its not.

 

Knowingly gave false info

Went to court

Criminal conviction.

Wants to make a stat Dec.

Stat decs clearly state that ny untruths/false info could lead to charges.

 

So stat dec would be rejected.

So contact with court could also lead to failing to update the sec of state fine.

 

Advice is pay fine or you may open up a can of worms

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how many times did you use it please...honestly..


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Was stopped by an inspector for using parents freedom pass a year ago.

Provided ID and name etc.

 

Driving license I showed had a previous address so all correspondence was sent to this wrong address.

 

At the time when the inspector requested ID I did not provide updated address as this was not on the license.

 

I now regret not giving current address but at the time I simply provided my ID and did not think of this.

Name and DOB given were correct.

 

I have now recently received a 'Further steps notice' letter with court fine of almost £500 and discovered that this case had gone to Magistrates court in my absence.

 

Should I make statutory declaration as I was unaware or will I be questioned for not updating the DVLA of my address?

 

What outcome are you looking for?

 

You likely won't avoid the criminal record, so are you just looking to 'get the fine reset'?

 

You knowingly provided id with an old address on it.

What do you think will happen when you put on your stat Dec that you knowingly did this?

At best it will be rejected

At worst your committing perjury and would be charged.

You now have a criminal conviction and its all your own doing.

 

You could technically also be charged and fined up to £1000 for failing to update the secretary of state a change in circumstance. ( not updating your driving licence) if the address on licence you didn't have regular contact with.

I.E its ok to have your parents address on it if you can regularly get your mail and your Say a student and would bechanging your address quite regularly

 

I don't think it was perjury (it wasn't a statement made under oath).

 

It might highlight a failure to notify (DVLA of) change of address, and (whilst it wasn't perjury) the OP potentially committed a further offence under The Regulation of Railways Act 1889 S5(3)©(if this were on the Tube, or TFL's equivalent for buses) "Having failed to pay his fare, gives in reply to a request by an officer of a railway company a false name or address"

 

So, any reduction in fine for the primary offence may get offset by different fines instead.

Edited by dx100uk
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My main concern is the criminal record not the fine (even though the fine is huge and as a student will take me a long time to pay).

 

I have never had any criminal records and honestly used the card for first time

- they can check to see that my uni is out of London and that I have never used it before.

 

Is it too late to contact TFL and ask them to withdraw the case.

 

I have been volunteering following a national tragedy for a year and didn't have time to contact them.

Edited by dx100uk
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IMHO yes

Have you updated dvla too..else that could cost you £1k fine too!!


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Single Premium PPI Q&A Read Here

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Reclaim Bank Account, Loan & Credit Card Charges Read Here

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Yes of course I have . Is there no point in contacting TFL then?

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My main concern is the criminal record not the fine (even though the fine is huge and as a student will take me a long time to pay).

 

I have never had any criminal records and honestly used the card for first time

- they can check to see that my uni is out of London and that I have never used it before.

 

Is it too late to contact TFL and ask them to withdraw the case.

 

I have been volunteering following a national tragedy for a year and didn't have time to contact them.

 

 

Hello again.

 

I'm not sure where you're trying to go with this, but tell us more and we'll do our best to help.

 

What do you mean about them withdrawing the case please? My understanding is that it's already happened.

 

HB


Illegitimi non carborundum

 

 

 

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As noted in my previous response, I doubt you’ll avoid a criminal record.

 

Even if you did a stat. dec. or asked the Magistrates Court to use its powers to rehear the case it’d (at best!) get the case to a hearing : and you don’t (realistically) have a defence from what you posted.

 

If not getting a record was your key aim, you’d have done better to engage with TfL at the time. They don’t really have any motivation to reverse things at this stage, based on the scenario you describe.

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It has happened but I was hoping after explaining to TFL my situation they would accept apologies/whatever payment necessary to avoid criminal record and accept my reasoning as to why I did not contact them sooner to arrange out of court settlement. This seems very unlikely but at the same time frustrating especially if its your first time making a mistake

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As noted in my previous response, I doubt you’ll avoid a criminal record.

 

Even if you did a stat. dec. or asked the Magistrates Court to use its powers to rehear the case it’d (at best!) get the case to a hearing : and you don’t (realistically) have a defence from what you posted.

 

If not getting a record was your key aim, you’d have done better to engage with TfL at the time. They don’t really have any motivation to reverse things at this stage, based on the scenario you describe.

 

Will the criminal record be on my file for life and do you know when it would be issued (at time of hearing or once paid fine?)

 

Thanks for responding

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I don't think it's for TfL to undo a court decision though.

 

 

The only way to reset the clock as I understand it is a Stat Dec, but the other forum you posted on seemed to think that this probably wouldn't help. You seem to be arguing that the punishment is severe given that you say it's the first time you used the Freedom Pass, but there are laws that back up what TfL have done.

 

 

HB


Illegitimi non carborundum

 

 

 

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Will the criminal record be on my file for life and do you know when it would be issued (at time of hearing or once paid fine?)

 

Thanks for responding

 

It goes on file from the time the court reached a finding of guilt (or, at least, as soon after as the court’s findings get processed).

 

If it “shows” or not depends on the offence (Bylaw vs. Regulation Railways Act), as well as the nature of the “records check” : even the more serious offence will become “spent” with time, although for the purpose of jobs exempt from the provisions of the Rehabilitation of Offenders legislation (those requiring an ‘eDBS’) - offences never become “spent”.

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