TFL Freedom Pass Misuse Bye-Laws 17(1) - multiple uses hearing - help needed.

[eldona-2541]

On ‎16‎/‎11‎/‎2018 at 15:36, dx100uk said:

 

Yes send new letter by recorded delivery

Examples are here

Then give it a day or two once received

Ring again and plead

 

Yes plead guilty when the time comes

That will give you a better chance speaking to then before you go into the hearing

Hi,

could you please send me example of the letter to TfL regarding byelaws 17(1)?

 

I have the same problem.

 

And how can I find their contacts?

 

Can you please provide them?

 

Thank you very much

 

[eldona-2541]

Hi,

I have a problem.

 

Due to financial problems (moved to another area and couldn't reach work place, used Mother's Freedom Pass during 2 months. 80+ charges of multiple use.

 

could somebody please send me example of the letter to TfL regarding byelaws 17(1)?

I have the same problem.

And how can I find their contacts?

 

Can you please provide them?

 

Thank you very much

[eldona-2541]

They stopped me on Vauxhall station , then in police they showed CCTV records

[eldona-2541]

Sorry for misleading. this is not about myself. 

It is about my friend.

She doesn't speak English.

I am not very good in it as well, but I can express my thoughts and understand what you are saying.

So, the Requisition to attend Magistrates' Court states:
[A] is required  to appear on 0Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under Section 67 of the Transport Act 1962.

 

Charge authorised by: [solicitor's name] , Solicitor, Transport for London, 9G3 Palestra [further address]

Date xx/04/2019

 

then:

'On Wednesday xx/01/2019 [A]attempted to travel from xxxxxxx station to xxxxxxx Station. At .20 am she produced a Freedom Pass that did not belong to her. She was not entitled to the use of the pass and it was invalid to travel. She stated it was mother's and was using it for financial reasons. Analysis of the passes recent usage showed a further 80+ like journeys, thus totalling unpaid fares of £3xx.00p.

[eldona-2541]

She wasn't delivered to police station. It is my misunderstanding. She was stopped by the underground worker who then asked her questions about the pass and where she was travelling.

 

She did not understand questions in English and the worker used her phone translator to translate into my friend's language. The worker did not ask a lot. She asked her document with photo and my friend provided her driving licence. Then the worker wrote quitely and then asked my friend to sign it.

 

She doesn't know what she signed. This took 45 minutes. She delayed and the potential employer refused to take her to work (she went for interview)

 

then, on the next day, she received the 1st letter from TfL. requested further information and she wrote them that she acceptes everything and it was for financial reasons and she appologies and very-very sorry.
That is it

[eldona-2541]

I cannot scan. I have photos from her

 

I cant understand why but i cannot attach anything here

 

her response was:

I owe you all an apology.

I made very big mistake.

 

Please accept my deepest apologies for my mistake in regard to the fact I was on a TFL service with a wrong ticket.

 

I 've just change my home address and had some family issues (which is not an excuse) and I didn't even realise what ticket I am using.

 

It was not my intention to create such an akward and embarassing situation.

 

If there was any good that came out of this unfortunate experience, it is that I have grown and learned alternative approaches to these situations!

 

Thank you!

 

____

They did not reply from 05/02/2019 to date

[eldona-2541]

this is why i asked for help with the letter of offer

[eldona-2541]

 

 

She is EU, lives in the UK 4,5 years and she would like to stay here forever.

Her son is outside of the UK.

Daughter and granddaughter in the UK.

 

She is a professional nurse and she would like to work as a nurse in future.

This conviction will close all opportunities

 

They provided her with list of her travels in December and January.

[eldona-2541]

It is written by the witness/TFL worker: "I observed a female I NOW KNOW  as Miss [--]..."

 

she never had any previous fare evasions or cautions and always was honest before

 

She went to Park for a job inreview (as a cleaner)

[eldona-2541]

thank you

we will try

 

In the list of travels,

which they sent to her,

is mentioned all travels to different destination.

but she went on xx/01/19 to Park.

Can we tell that there were not her travels?

[eldona-2541]

What do you think?

Dear Sirs,

I did not hear from you since my letter of .

I apologise profusely for my actions in this case.

I pride myself on my integrity and honesty and I feel shameful for my moment of very poor judgement.

 

I have never ever before made anything dishonest, and even in this case it happened so, that we don't speak English and cannot understand English.

 

my mother received this Pass in January 201x, when she came in the UK to work and live here.

We lived together with her and when she became ill (she has health problems with joints, cannot walk and has discopathies (her spine is hurting), she stopped working and I helped her to travel to get treatment there because it is more affordable than in the UK.  

 

I have sent her money monthly for her life and treatment.

I lived as a lodger in 2018 at [....] and I did not need to travel because I worked in Xxxxx [...] (it was 10 minutes to walk from my previous address). I was renting one room in the house. Then, I was evicted by Landlady (she was pregnant and she said that she needs that room for herself).

I had to urgently find another place to live and then I moved to my current address after paying deposit.

So, all my financies went for the deposit. I couldn't work nearby the new address.

 

To survive I had to travel to Xxxxxxx [...]. I said to my mum that I cannot send her money in December because I dont have them due to these circumstances. Our acquantancies assured me that, if my mum isn't using her Pass, any member of her family can use it. I did not even could immagine that it is not true. If somebody would tell me that this is wrong I would never used this.

I always paid for travelling, even in that sad time - in December 201xand January 201x.Please, find my travel cards (copies) for December and January enclosed.

I looked for additional work and I found it on  Park as a cleaner.

I had to go for the job interview on 00/01/2019.

 

However, I was stopped by the TFL worker who warned me that it is illegal to travel with my mum's pass.

I made a very bad choice when I trusted the assurances of our acquantances that I can use it.

It was my mistake that I did not check it. That's haunted me since.

 

I tried to explain to the Revenue Protection Inspector that it wasn't premeditated and admitted my mistake and I apologised.

I have never done this before, I am just so sorry for my actions and the inconvenience caused to all involved.

 

 However, my poor English did not allow me to explain everything said clearly and properly. Of course, the TFL worker did not understand me and what I try to explain, she just typed me something on her phone in translator (that I cannot use this Freedom Pass etc.).

Because of the necessary paperwork regarding my illegal (as I know now) travelling, I was delayed for the job interview and the potential employer refused me in job. My mum relied on me with financial support and I had to think how can we survive. 
I am a professional nurse. I came in the UK in December 201xwith view to go through necessary examinations to become a nurse in the UK. However, for this, I had to earn the money for these training and exams. 

I intended that I will stay in the UK and in a half-year, I will receive permanent residence and then in one year citizenship.
However, if I will have this convinction, I have to tell about it in all my applications for permanent residence and for citizenship. It can cause refusal for my applications.
I cannot even work as a nurse in this case. 

A criminal record would be devastating for me as my professional employment relies upon a clean criminal record.
I am happy to make immediate payment of the unpaid fare and any incurred costs that my actions have caused. I am also happy to purchase an annual pass immediately.

I was offered recently to work in  Supplementary school in our area.  organisers are opening a supplementary school (with lessons on weekends) for children living in xxxxxxx and the neighbouring boroughs of  Surrey to learn language, the history and the natural beauties of  I began to prepare methodics to teach children  language. I like to work with children and give them knowledge about beatiful xxxxxxx. A criminal record would prevent me from mentoring ever again, which would make me very sad indeed as to work with children is my passion in life.
I would appreciate your consideration of my offer for administrative settlement the case out of court and I sincerely hope that you can show some leniency in this matter.

[eldona-2541]

1. NO. SHE DID NOT KNOW. IF SHE WOULD KNOW SHE NEVER WOULD DO ANYTHING LIKE SO.

2. She did not even imagine that her acquaintancies could tell her something wrong.

 

She did not think that she need to go and check because she trust them.

 

3. She has never been in similar situation to run and study law of the UK, she just work and work to survive. Is it so difficult to understand?

 

She is repeating again and again^ "Why did I listen to her?"[the woman who said her to do it)

[eldona-2541]

You wrote :"the owner of the pass told her she could use it ..here take it." 

It is again incorrect. Could you please read my letter which I wrote for her? She was advised by some friend who is Bulgarian as well,, not by her mother

 

[eldona-2541]

You named her actions fraud. But where is mens rea? 

In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right.

 

Fraud can violate civil law, a criminal law, or it may cause no loss of money, property or legal right but still be an element of another civil or criminal wrong.

 

Material or immaterial.... There are circumstances and they are mitigate her action.

It is not excuse but mitigation.

You cannot take one word from sentence, you have to see a full picture. 

 

When you discribe a situation, you have to give a full picture that it would not lose even one puzzle that nobody could tell that something is wrong.

 

When you remove some details, you give an opportunity to put in that empty place a wrong puzzle to help the prosecution unfairly accuse an innocent person.

 

You can speak here about her negligence, but not about her intention to deceive.

But even negligence is under question.

 

Yes, there is breach of duty of comply with law.

And unknowing the law doesn't relief her from responsibility.

This is understandable.

But we looking for mitigation 

Good night 

[eldona-2541]

It is not necessary to show that you are native English speaking, but I am not.
At least I can speak one language more than you. 
Can you argue in another language? I am sure that not. 
Weakness in language skills doesn't make weak other skills.
I consider your notice has discriminatory nature.