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When I was caught using my mom's freedom pass, 'the caution' was read to me AFTER I answered all the questions and was asked to sign the notes. I was NOT asked to review the notes just to sign.

 

 

  • Is it how it is supposed to be done?

 

After the questions and my signature the caution followed and I just felt sick. The officer offered free legal advice but I refused because I was mentally and physically unable to continue.

 

 

  • Can I still request free legal advice should I go to court?

 

I think I wasnÂ’t informed that I DID NOT have to answer the questions WITHOUT legal adviser. My mind is pretty fuzzy on the above but this is what I remember. In hindsight I would have answered everything with a free lawyer but to be honest I think I answered everything truthfully anyway... but:

 

 

  • Was the caution read to me legally in this order?
  • Should I mention it in my apology letter?

 

With a case number saying to fill in the form on the reverse of the letter with plead guilty or not guilty within 10 days – no intention to prosecute yet. I intend to plead guilty because I did commit this offence. If I accept committing the offence I need to provide any exceptional reasons as to why they should not prosecute me. They stopped me just after I crossed the tube gates at Northolt station so I didn't have a chance to actually make any journey. After all the questioning they let me out and I went back in using my credit card.

 

I only have 4 days to reply as I only received it today (I was checking the post ever since the incident – it took them only 4 days to write it to me – is it a bad sign?) so I only have a week to reply L. So please can you help me understand:

 

  1. What the legal consequences will be? I am talking about worst case scenario. I am pretty sure I will be prosecuted, will be given a criminal record, huge fine (how much do you think?) but will not be jailed as this is my first offence? Or am I wrong and can get to prison? Will my employer need to know? Will I get fired?
    • If this happens can I appeal and how?

 

[*]My exceptional reasons (I guess these are the mitigating circumstances) is my mental illness.

  • I have suffered from depression, anxiety, associated disorders and side effects caused by being on antidepressants for about 10 years – all is GP documented. As a result I have suffered from frequent serious disorders – just imagine the worst for a depressed person as I donÂ’t feel like providing such details. In addition I recently started a therapy to stop smoking and the side effects of the medicine are severe and are not helping my mental state. Especially the last 2 years have been very hard for me, I lost my job, my person life crumbled, I had difficulty getting out of bed and so onÂ… and finally 3 weeks ago I found a job (which again added a lot of stress as I want to keep it at all costs) and I was caught only after 2 weeks of working.

 

[*]I was asked if it was my first time:

  • I honestly donÂ’t know and this is what I answered. My mom and I keep exchanging bags and stuff and I have been too stressed out to check which card I had in my bag – they have the same cases. So the worst case scenario is that I have been using it since January/February this year but irregularly like 1-3 times a week or weeks of not using it at all.

 

[*]‘the caution’

  • Was read to me after I answered all the questions and was asked to sign the notes. I was not asked to review the notes just to sign. Later came the caution and I just felt sick. He offered free legal advice but I refused because I was mentally and physically unable to continue. I think I wasnÂ’t informed that I didnÂ’t have to answer the questions without legal adviser. My mind is pretty fuzzy on the above but this is what I remember. In hindsight I would have answered everything with a free lawyer but to be honest I think I answered everything truthfully anyway but:

 

  1. Was the caution read to me legally in this order? I.e. after I answered all the questions and was asked to sign the notes without reviewing them?

[*]Apology letter

  • I intend to write everything that happened, the card/bag mix up, my mental issues, plead guilty, apologise, ask not to be prosecuted, not to get a criminal record, settle out of court, offer the payment of all the associated fees and penalty etc.

 

  1. Does it sound right?
  2. Should I add something about the caution that to me should have been read at the beginning?
  3. Should I add anything else to help my case?

Thank you very much for reading this! As you can imagine I am losing my mind, I am scared, terrified I overmedicate so that I donÂ’t have to thinkÂ… any words of wisdom will help so please, I am begging you help me if you can.

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Don't start trying to pull the legal stuff on them.

 

The best you can do is to be completely contrite, open, honest and make it clear that you've learnt a lesson and you will never do it again.


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Thank you for your reply.

Yes, my letter is very humble, contrite, open and honest.

 

I am begging for mercy and I’m offering to pay any fees and penalties they think I deserve and/or do any social/charity work that might help me not get a prosecution and a criminal record.

 

I was actually planning to write the 'caution' at the very end as a ps. just in case it changed anything.

 

Are you saying I should not even mention it? Even if it was done wrongly? And I presume it was but I don't know the law that’s why I’m asking…

Edited by dx100uk
quote spacing

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No don't do it. Very undiplomatic in the circumstances


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were you caught going/coming from work?


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going to work but they stopped me after entering the station so I didn't have a chance to make the jouney.

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good.

you should have focussed on that part

they cant prove anything outside of a differing timeframe.

 

I was caught only after 2 weeks of working.

 

so the VERY maximum journeys they might think you have made is 10.

 

you've just started a new job, so I would guess you've not been paid yet either?

 

still not an excuse for using the card

or mistakenly using the card.

you indicate you had other cards and the wallets look the same

so.. did you top up the other card with money for your journeys to/from work?

 

 

if you didn't your I mistakenly used the wrong wallet excuse is blown straight out the water

did they note the other card

did you tell them about

is it in your name?


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Not sure why 2 separate threads were merged and are now repetitive and confusing...

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Yes

Edited by dx100uk
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the oyster card is in your name good

now did you put money on it to travel the two weeks of work?

 

dx


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No I didn't load my card.

As I explained earlier I thought I was travelling on my credit card as usual.

With the new job I didn't have time to check all the fares, daily, weekly, monthly, yearly, substract holidays, working from home and calculate what was the best option for me.

 

At one point I did try to do it but it was so confusing that I just gave up and planned to do it later but later never came.

But the officer did not take the details of my credit card,

he took the details of my expired student oyster card with some top up credit on it.

Does it answer your question?

how should I proceed now?

 

I'm really desperate and so frightened.

If I get a criminal record I will lose my job, I will have another breakdown, I won't be able to find a new job and I have no idea how I will get on with my life.

 

I am so angry as I have always lived honestly and I have never done anything illegal or similar.

In all my life I have always been a law abiding citizen paying my taxes and bills always on time, and living in accordance with all the rules and regulations.

And now out of the blue I am in huge trouble and I really have no idea why it happened :-(

Edited by dx100uk
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well don't be

its not a big deal

and if you read here on cag there are numerous cases of these being settled OOC.

even at the court room door on the day.

oh and no you will NOT goto prison!!

 

you've got to do the letter properly mind.

 

At one point I did try to do it but it was so confusing that I just gave up and planned to do it later but later never came.

 

this troubles me as it shows you knew something was amiss , it they have a record of this it might make things difficult.

 

 

can you scan up your letter please to PDF read upload

lets see exactly what it alleges.


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At one point I did try to do it but it was so confusing that I just gave up and planned to do it later but later never came.

 

this troubles me as it shows you knew something was amiss , it they have a record of this it might make things difficult.

---

Unfortunately this is the problem I am experiencing with my mental health, depression and anxiety.

You know you need to do something, even something very simple like brushing your teeth, and when you are about to do it, you get a feeling that it is so overwhelming, so huge and impossible to achiveve that you just give up, don't do it, start crying and don't get out of bed for a week or 2 until someone notices your abscence and comes to help you...

Have you got anyone with such problems?

 

THere are many forum on this topic and the only consolation to me is that I am not the only one in this situation....

If this 'make things difficult' I will need to ask my therapist to attend the court and explain what depression is all about...and it is not easy.

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all to your advantage poss

 

anyway can you scan your letter up:

lets see what they are alleging please

PDF read uipload


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Sorry what is 'poss'?

 

and sorry I dont have a scanner but they don't say a lot:

 

TFL, date, addresses...

 

On date... you were reported to TFL for failing to produce a valid tickets....

the facts of this incident are being considered and I must advise that legal proceedngs may be taken against you in accordance wit TFL's prosection policy.

 

In order to deal with it correclty,

please return the information requested with any comments within 10 days...

in writing, by email to or post.

Provide a copy of a valid photocard.

 

you do not have to reply but it may harm our defence...

failure to respond may result in matter being progressed without furthe notification.

for more information refer to TFL's revenue enforcement and prosecution policy....

TFL will use your personal information for administering enforcement activity.... including prosecution... fraud prevention. We may also share it with london councils...

your personal info will be properly safeguarded in accordance of data protection...

In cetrain circumstances TFL may disclose this info with the police and others... yours sincerely

And at the back the requested info: personal info plus 1- I deny and 2 I accept and are asking for exceptional reasons including evidence as to why TFL should not prosecute.

 

Any advice please? pretty please?

 

Sorry, not sure how to delete this post as I can't find the delete option and it is a duplicate.

Edited by dx100uk
quote/merge/dupe

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post 22 here attachment

 

type out EXACTLY word for word the 1st sentence of your letter upto in order for TFL …

the rest is std. we KNOW what they say after that its the same


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Dear Madam

On date... you were reported to TFL for failing to produce a valid ticket, pass or photocard for your journey on the London Underground. The facts of this incident are being considered and I must advise you that legal proceedngs may be taken against you in accordance with TFL's prosection policy.

 

In order for TFL to deal with this case correclty...

 

Is it really bad? or just standard? What does it mean exactly?

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pretty much std them like that other one above.

opps I see links aren't posting hang on


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

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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Thank you! I wrote 2,5 pages in my appology letter - is it far too long? I've been working on it since yesterday and I just have no idea how to reduce it :-(

For now I feel to ashamed to ask a friend for help to proofread it so I am asking here. Can anyone please help?

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Hi.

 

You could post up your defence for us to read, but as I think you suspect, 2.5 pages is very long. Are there things that you've repeated that you could remove?

 

HB


Illegitimi non carborundum

 

 

 

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use the example I posted

briefly insert you stuff as a couple of short sentences

no more than that


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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I'm so sorry I didn't notice your post :-( I'm looking at it now and it really is short, I am this type of a person whose writing style is very long... but I will try again and post it.

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you must always check back to when YOU last posted

not just hit an email link

cag only alerts you to the last post.


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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I'm so sorry I didn't notice your post :-( I'm looking at it now and it really is short, I am this type of a person whose writing style is very long... but I will try again and post it.

 

It's good to put things in your own words so they don't think you've just copied a template. Try to condense it to under a page. They don't need paragraphs on your mental problems, they should understand depression and so on. Just sentence or two is enough.

 

And I wouldn't major on the bag mix-up, everyone tries that one.

 

HB


Illegitimi non carborundum

 

 

 

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