Disabled persons Freedom pass in oyster 94 times - Byelaw 17(1) TFL (Freedom Pass) court summons

[Khali007]

Hi All,

 

Although I have seen some similar threads on here I thought ill create a new one as I seek advice tailored to this scenario so please do hear me out..

 

I have received a letter to attend a Magistrates' Court for the following charge: 

"That you on [Date] at [Location] did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17(1) of the Transport for London Railway Byelaws Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962."

 

"On [Date] Mr [Myname] attempted to travel from [Location] station to [Another location] station. At [Time] he entered through the way in barriers using a pass which activated the gateline monitors. When initially approached he produced a bank card that had not been used. He later produced a Disabled persons Freedom pass in oystercard format that did not belong to him. He was not entitled to the use of the pass and it was invalid for travel. He was unable to produce any other ticket for his journey. Further investigation into usage of the pass was identified a further 94 journeys he was suspected of making using the pas, avoiding fares of £341.80p. "

 

"An application will be made in court for a £388 contribution towards the cost of Transport of London. Further costs may be incurred if additional documentation is required or if the matter is not resolved at the earliest opportunity." 

 

Also the letter consists of all the 94 transactions I have made using the freedom pass with exact dates along side it.

There is also a witness statement (The undercover Revenue Control Inspector which I got caught by). Which quotes the conversation he had with me on the day caught. 

 

----------------------------------------------------------

 

I am completely new to all of this, I have never committed any kind of crime before this in my life. I totally understand I am in the wrong here and should of been aware of the consequences before using the freedom pass that did not belong to me... 

I am a University Student currently on my Placement (Working in industry as intern), I will be going into my final year this September and will be having to apply for graduate jobs throughout this year as my university will be coming to an end. in around a year from now. 

 

Knowing that a criminal record can make a huge impact in getting a job, I am super worried about getting one and want to know if there is anyway around getting a record (alternatives etc).     

 

Which brings me to 3 main questions..

 

1) Is there a way to settle out of court in this case? If so, what is the best way and how should I do so? 

2) Will I get a Criminal Record? (Is there anyway I can avoid this)

3) If I do get a Criminal record, how long will it be recorded for? 

 

Please any advice or knowledge on this will be much appreciated.

Will respond to any questions if necessary. 

 

Thanks for taking time to read this.

 

[johnjordan]

I can't answer 1 & 2 but I can tell you that a criminal record is kept on the Police PNC for life. This includes all cautions and warnings.

[dx100uk]

worthy of a careful read

 

 

 

[act0145]

Hi,

 

I am in a similar situation to yours. 

 

If I may ask regarding your 94 usages, how long does the date span range?

 

Thanks.

[Khali007]

Sorry to hear that, mine is approximately 3-4 months 

[dx100uk]

so both about the same

do it right and you might both get a good result

just dont go over thinking things at this stage

 

 

[BazzaS]

59 minutes ago, johnjordan said:

I can't answer 1 & 2 but I can tell you that a criminal record is kept on the Police PNC for life. This includes all cautions and warnings.

 

Gross oversimplification, since although (if a record goes onto PNC, it stays there for life), it may not go onto PNC in the first place, and even if it does, it may become 'spent' or 'filtered" for the purpose of employment checks.....

 

A) Not all offences are "recordable", so some summary offences aren't recorded on PNC, but may be hold on "local records" only. Local records MIGHT show on an eDBS, but not a basic check.

B) Are you talking only about the PNC, or about DBS / employer checks?.

Even if a recordable offence, The Rehabilitation of Offenders (RofO) Legislation applies. Records become "spent" for employment purposes unless an exemption to RofO applies (like a post that attracts an enhanced DBS / e-DBS, or an overseas matter like a Visa application where I wouldn't advise relying on RofO).

 

Take a look at

regarding recordable vs non recordable, and

http://hub.unlock.org.uk/knowledgebase/filtering-cautions-convictions/

regarding 'filtering'

 

[Khali007]

On 19/05/2019 at 19:42, dx100uk said:

worthy of a careful read

 

 

 

 

Thanks for the help! 

I am planning on writing up a letter to send to tfl to try and settle out of court (as it seems to be the only way to avoid getting a record) Should I send an email or letter to them and if so is there a specific address I should send to? 

 

I am worried I send the letter to a wrong department and it doesn't get considered/read at all. 

 

Thanks

 

[Khali007]

On ‎19‎/‎05‎/‎2019 at 20:04, dx100uk said:

so both about the same

do it right and you might both get a good result

just dont go over thinking things at this stage

 

 

When you say "do it right" could you elaborate on what you mean? Is this regarding the letter to tfl to settle out of court? 

[dx100uk]

yes do it right with the letter and its wording

look at post 3 in that link and its attachment 

that's the address

[Khali007]

Thanks for the quick response, 

Just slightly confused. The attachment you mention I never received however I did receive a large letter with all the court information asking me to fill in all the relevant information to send off (as shown attached). 

 

I'm guessing these are different and I should still send my letter to "SE1 8NJ" rather than the court letter I currently have "SW111JU" 

 

Thanks for your time 

Edited May 21, 2019 by Khali007

[dx100uk]

the begging letter does not go to the court

[Khali007]

Just thought to double check as I never got that letter you mentioned. I'm guessing letter is better than email but should I do both? (or does that make it confusing) 

Just want to absolutely make sure it does get in their hands. 

[dx100uk]

you don't always get a letter I believe in some type of cases.

[act0145]

hi Khali007,

 

Any updates? 

[Khali007]

As my current work place also requires me to have a clean background I contacted my companys HR to send me a letter which proves that.

 

So that I can include it with my email to tfl that a record will lead to me loosing my job.

 

HR said they will look into this and see if they can provide such letter. So awaiting that right now 

[act0145]

Best of luck with this - hope it works out for you.

[Khali007]

 

Hi @dx100uk @act0145 or any other following,

 

Could you please give me some feedback in regards to this letter I am looking to send to TFL soon. Anything I should add, remove or change ...

 

Much appreciated guys.

 

 

 

 

 

[dx100uk]

explaining your reason for using the card 94 times should be your very 1st paragraph.

specifically the one time you were caught..the rest is as they say being viewed as TIC.

what harm a criminal record will cause you is second.

 

 

[honeybee13]

Hi. A couple of small point for you to consider.

 

Rather than say your mother is unemployed, you could say she's unable to work because she's caring for your father. And rather than saying you're happy to pay unpaid fares, etc., I would ask if they will allow you to do that.

 

It would read better if you split the paragraphs up a bit more, blocks of text are off-putting to a lot of people.

 

HB

[Khali007]

 I don't have a good excuse for using it so many times other than it was poor judgement on my behalf and it was completely a stupid mistake. Should I say this or just leave it out?

[dx100uk]

financial reasons or not?

truth now please

you knew it was illegal and fraud?

[Khali007]

Yeah I have mentioned financial reasons which is the truth

[Khali007]

I have called tfl and asked for a address where I can send a letter to by post and they gave me one for "appeal purposes". Do you guys think I should send the letter via post then maybe 2 days after send the same one via email? 

 

Or should I just do one. If so which one? 

[honeybee13]

I think it's always best to do a proper letter. Do you have an email for the person handling your case? I don't know if a general email will get to them.

 

HB