Found a Freedom Pass, used it 58 times, then got Caught - Now Summoned to court

[Rick Ross]

Dear All,

 

I've been summoned to court in November for using a freedom pass that I found.

They looked at the card and found out that I had used it 58 times before getting caught.

 

Before I received the court summons TFL sent me a letter asking me to confirm my name and address and that it was me.

I sent them an email at the same time apologising and requesting an OOC settlement .

 

TFL responded with the following:

TFL take the misuse of high value freedom passes very seriously, especially in cases where there is evidence of previous misuse.

I then received the summons.

 

I feel ashamed of what I have done but I did it and deserve to be punished.

I would like to avoid a criminal record if I can as this would definitely stop me from getting jobs in my current field.

 

Would it be a good idea to send them another email informing them that I've since been made redundant and I'm afraid I will never get a job in my current field if I have a criminal record? I have never been in trouble with the law before so this is very stressful and worrying for me.

 

Thanks,

Rick

[dx100uk]

i would suggest the charge is not 58 offences but ONE stating a specific time and place?

and the rest are a TIC list?

 

dx

 

[Rick Ross]

Hi dx yes that's correct I'm being charged with one offence.

[dx100uk]

 

 

same as 

get a grovelling letter together

[Rick Ross]

Hi dx is it worth mentioning that I've been made redundant and a criminal record could prevent me from getting another job?

[dx100uk]

not the redundancy bit no.

but if your educated trade requires full disclosure then it's an important point.

however you always need to weigh that against the fact that you should, being thus educated, have known it was illegal to use the pass.

 

you have a serious amount of time to get this right.

 

don't rush it, let's get it the best we can.

 

i suggest you read most of the  threads in this same forum.

 

 

 

 

[Rick Ross]

Hi Everyone,

 

I've been really stressing out as the court date is fast approaching. I sent TFL the below email which they rejected and are continuing with court proceedings to claim the fares totalling around £240. 

 

Dear ######,

 

Thank you for your reply to my previous email. I have now received a requisition to appear at ############### court, in regards to the above case.

 

I would like to again apologise for my actions against TFL. 

 

At the time my partner had recently returned back to work from maternity leave I selfishly tried to evade payment therefore abusing the public transport system in an attempt to save money.

 

A criminal record would be absolutely devastating for me and my family as my employment in I.T. requires a clean record. Since then I have paid my fares using my oyster card as I should have done and also made use of my bicycle more often as a responsible way to save on travel costs.

 

At the time of this offence I was going through a very stressful point in my life with a newly born child and other stresses from work. I made a very poor decision that I have regretted ever since. I admitted what I had done to the Revenue Control Inspector and apologised. I have never done anything like this before and I’m truly ashamed of my actions. 

 

I wish at all costs to avoid a criminal record and I am happy to make immediate payment of the unpaid fares and any incurred costs that my actions have caused to settle this matter.

 

I acknowledge my wrong doings and promise not to make this mistake again.

 

I hope that you consider my proposition and can show some leniency in this matter.

 

Yours sincerely,

 

##########

 

Rejection email.

After reminding me of the particulars of the case they continued with the following:

 

"We have noted the mitigation you have supplied but we feel there is insufficient mitigation to persuade us that it is not in the public interest to continue with proceedings against you. We acknowledge your concerns with regarding a criminal conviction however you will note that you have only been charged for a breach of TfL’s byelaws and not under a more serious charge of Fraud. It is our view that a solitary charge of being stopped in a compulsory ticket area without a valid ticket will have prevent you from continuing in your current role and you have supplied no evidence to suggest otherwise.

 

TfL believe that good warning is given to all passengers in relation to the possible implications of travelling without a valid ticket, and it is our view that you made a conscious decision to use the pass to avoid paying the fare. Under the circumstances we intend to proceed with the matter and we would advise that you should enter a plea to the charge. You will have the opportunity to provide your mitigation to the court which can be taken into account by the Magistrates at the sentencing stage."

 

Please help! What do you suggest I do now? On the court requisition form there is a space for mitigating circumstances do I fill this in with the info I have already provided to TFL?

 

Thanks,

Rick

 

 

[honeybee13]

Hi. Is this single justice procedure or magistrates court please?

 

HB

[Rick Ross]

The requisition is to attend a magistrates court.

[honeybee13]

Thank you. Well, you could try writing to TfL again although I'm not sure what new argument you can put. Also they've pointed out that it's a byelaw contravention and not fraud.

 

The other thing we tell people is that you can continue to negotiate up to the day of your court case and speak to the prosecutor. Certainly in the past they've accepted cash payments to settle out of court.

 

Have a read of some Freedom Pass threads here.

 

HB

[Rick Ross]

Thanks honeybee I'm reading all the posts I can and found some useful info. Excuse my ignorance but if I end up going to court how would I know who the prosecutor is and would I get a chance to speak to him/her before my hearing?

[honeybee13]

I'm a bit rusty on this myself. I think you can ask someone like an usher to point out the prosecutor to you. Hopefully others will comment.

 

HB

[honeybee13]

This isn't a recent thread but Old-CodJA really knows his stuff. This is what he said.

 

There is a remote chance that you may be able to get the Prosecutor to 'take a view', but the only chance you have in that respect is to go to Court at least 40 minutes before your case is timed to be heard and ask to speak with the prosecutor outside the courtroom and try to agree a settlement there.

 

This thread, post #151.

 

[dx100uk]

 

56 minutes ago, Rick Ross said:

. It is our view that a solitary charge of being stopped in a compulsory ticket area without a valid ticket will have prevent you from continuing in your current role and you have supplied no evidence to suggest otherwise.

 

dont think you've copied the above correctly?

 

this is the key sentence

[Rick Ross]

Hi dx100uk,

 

I thought it looked a bit odd too but I literally copied it word for word.

[dx100uk]

lets assume they have added the word have by mistake, when it should say not.

 

1 hour ago, dx100uk said:

It is our view that a solitary charge of being stopped in a compulsory ticket area without a valid ticket will not prevent you from continuing in your current role and you have supplied no evidence to suggest otherwise.

 

What they are saying is if you re plea your case with suffiaent evidence that this will destroy your job, they will reconsider, which is very good news.

so get onto your employer or find your terms of contract where this is stated and write an additional letter including a copy of the evidence.

i would not simply relate to this evidence within your reply, but include an actual copy of it from source stapled or attached to the email reply.

 

when is you case? 

[Rick Ross]

Unfortunately during this process I lost my job so I'm out of work at the moment.

 

The case has been moved and is now the first week of December. 

 

Also on the form it's asking for mitigating circumstances that will be read out in court do I just apologize here again and submit my my mitigating circumstances I already sent to TFL?

[dx100uk]

possibly 

however now you have extra time 

get a new appeal in

esp as you are now out of work.

 

what evidence do you have a criminal record would prevent further employment in your trade

 

[Rick Ross]

I don't have any evidence other than usually when working in IT for a company you have full access to confidential information (as I did in my last role). As I remember additional checks where also done when I first joined and some of the roles I'm applying for state I should have clearance. 

 

I should say I have a part time driving job which I've done for years they run a DBS check on me every so often so I could possibly lose this job? Which is my only form of income at present if convicted is this worth mentioning?

 

 

[dx100uk]

only for enhanced DBS searches and only shows for 12mts AFAIK anyway

 

but we ain't there yet...

 

IT jobs outside of the financial or childrens sector don't usually do enhanced searches.

 

IT is a very wide field whats your specific speciality? i'e what say have you degrees or qualifications for?

[Rick Ross]

My last job was in the financial sector so that's where I gained my experience in 1/2 line Desktop/Server support and networking. 

 

Degree in Computer Applications

[dx100uk]

then use that in a new pleading letter.

 

it would also benefit you to state since the incident you are now unemployed due to (was there a reason..covid etc)

and that my specialist field is IT in the financial sector, my last job being xyz.

 

a criminal record would be severely detrimental and potentially fatal to my whole future being only xxyrs of age .

 

dx

 

[Rick Ross]

Thank you I will write up a new letter to them. In the mean time should I return the forms to the court and the TIC list to TLF?

[dx100uk]

i believe there is a deadline to return the forms to the court

sorry on a small phone for a while

 

dx