Found a Lost freedom pass, now summoned to court!

[noidea007]

Hi All, 

 

Been reading your forums for a while now, great advice given by all!

 

I have been summoned to court for using a Lost freedom Pass for 2 years! 

I have been summoned for Regulation of Railways Act 1889, s.5(3) (travelling on railway without paying fare, with intent to avoid payment); s.5(1) (failing to produce ticket). My Court date is in May but i am leaving the country in march for good.

 

I am a student and planning to go back to my home country for good and not planning on coming to the UK.

 

I have notified TFL and asked for Out of Court settlement but it may have been missed? 

 

Any advice on what to do?

 

Dave

[BankFodder]

If you are leaving the UK for good then I suppose there won't be much they can do if you don't pay anything. However, I would strongly suggest that you try to contact them again – and may be on the phone to try and organise the settlement.

At the very least it will show some level of remorse and goodwill and good faith and if you do come back then you won't have this hanging over you.

If they hear the matter in your absence then you will be found guilty and a fine will be imposed which if it remains unpaid could eventually find its way onto your credit file and you have no idea how this could impact in the future.

 

[dx100uk]

i don't think fines or magistrates judgements are part of a credit reporting systems remit.

 

initially you had a letter from TfL asking for you side of the story

did you reply to that?

 

how long did you leave this before you started to engage with TfL.?

 

it would be far better to put this to bed now whilst you can rather than leave it to fester for years, you don't know what your future holds...

 

for how long and how many times did you use the pass, and is this true you 'found' it??

 

dx

 

[noidea007]

Thanks for your reply.

 

Yes, I did find the Pass and used it for 2 years. 

 

I got caught by a ticker inspector just before lockdown in march 2020 and the first letter came through to me in the first week of June. So i have been corresponding with them for a while now and I did mention I am a student and will be returning back to my home country in that letter itself. 

 

I am trying to put it to bed thats why I am here. 

 

Dave 

[dx100uk]

you indicate you used this for more than a year!

i can't see you ever getting an OOC if this is the case and it was substantial fraudulent use over that long.

 

on your charge sheet from the court...

i expect you are being charge with one specimen usage and hundreds? of other listed uses TIC (taken into consideration) of which you have to sign off and agree to the TIC in each case?

 

dx

[noidea007]

I have been only charged with one usage? and not for the whole 2 years. 

[dx100uk]

2 years now blimey..

 

i didn't say charged for more than 1 specimen usage.

i said there could be a list of other usages that you are being asked to sign off on as TIC...

 

so there is zero mention of any other usage within the single justice? procedure paperwork pack from the court?

if so you are VERY luck.

 

dx

[noidea007]

Think i got off lightly then. Yeah, no other usage listed. 

 

I am going to speak to someone from the team tomorrow, hopefully a settlement can be reached. 

[dx100uk]

can't see why not.

 

you need to show remorse, understand why you got prosecuted, prove you have since paid for travel and offer to settle this .

it could be worthy to mention that a criminal record would harm your future employment and even though your plans for the moment are firm, theres is no seeing into the future as to if you might have to return and a record would not be good ( as far as you understand).

 

above all show remorse 

[noidea007]

Thank you for the response. I have shown remorse and feel a bit stupid for doing this!

 

I also asked if they could bring the court date forward but TFL have said, that will be hard as it will depend on the court.

[dx100uk]

keep pushing..

 

is this a single justice hearing?
 

[noidea007]

I am prosecuted for this RoRA S5(3)

 

its not a single justice procedure