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Misuse of spouse pass


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Please I need your help and advice.

 

I had a spouse pass given to me by my partner who works on the railway but I was using it to go to work which was not part of the condition of the pass. I honestly shouldn’t have done this and should have listened to my partner. When I got stopped I was panicking and told the whole truth of how I Was using it to travel for over 2yrs because the train fares were expensive however I only assumed my partner just didn’t want me to use it and scared me by saying it shouldn’t use it for going to work.

 

I am a nurse and a criminal record will ruin my career please what can I do

i am will to pay back all the money and really sorry for my actions

i haven’t got a letter for the company yet but I’m sure they will as the misuse was for a long period of time

 

during this time of nhs crisis as a nurse my responsibility of care is very crutial and I really feel ashamed this happened, my partner has now lost his job with the company due to this and I’m scared the company will now come for me to pay back the money but I want to plead to pay all back before it gets to court

 

please I need help, I’m so devastated 

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Hello and welcome to CAG.

 

There isn't a lot we can advise before the letter arrives, I'm afraid, but we certainly can once you hear from them.

 

Have you bought a season ticket now? It's important to be able to show that you have learned from the experience of being caught and that you've taken steps to make sure you don't use the pass inappropriately again.

 

Best, HB

Illegitimi non carborundum

 

 

 

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Thanks, oh yes I have strongly learnt my lesson, I have started by season tickets now and I don’t even want to get anyway near the spouse pass.

I didn’t know the policy or signed the policy to understand the gravity of it if been misused.

I am just hoping they will allow me pay all the fares back as this was a misuse of staff spouse pass and not just train tickets, not sure if this will matter but I just don’t want to go to court over this, I’m so worried

 

could I just write them to apologies and offer to payback I’m thinking it might help them give me a chance to atleast before considering charging me to court. 

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I assume this is a train company you're dealing with? There's no point writing to them at the moment because they won't have a reference for your file.

 

Once their letter arrives, which can take around six to eight weeks, asking for your version of what happened, we'll help you to put together a letter explaining your side of things.

 

HB

Illegitimi non carborundum

 

 

 

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Yes it is a train company, I found a ref case on my partner’s docs and was thinking to quote that

dont know if that will link me to the case as it was spouse pass misuse

atleast they know I’m genuinely sorry about the whole situation and eager to remedy my actions

as my husband’s case is still getting processed I think hence why I haven’t been sent a letter yet

it just really an emotional trauma for me right now, had no understanding how terrible this could be

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In addition to the advice given above, I understand that your partner gave you the spouse pass quite legitimately – is this correct?

Also your partner was not at all complicit in your unauthorised use of the pass – is this correct?

If that's the case then I don't understand why your partner has lost their job

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They saying it was he’s responsibility and he should have checked it that’s all.

 

even though he didn’t know much about it, so he was advice to resign by his union as the case needed strong even to show to the management which he couldn’t provide. So as to be able to get another job in future it was best to resign.

 

Hence why for me, I am scared of this affecting my job as well if gone to court because I totally didn’t understand the consequences of this and was just travelling to work with the pass. I’m so broken

i really just want to pay all the fares back, as I could be charged for something more serious with this misuse 

as in my partners documents it states I was defrauding the company and the company lose revenue

The pass has really got us in trouble 

just because of he nature of my job, I am strongly hoping they would let me pay back all the fares owed by I don’t know

I am so stressed 😩 

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Can you tell us which company please, so we can see the Ts and Cs for spouse passes, or link us to them?

 

HB

 

PS I agree with BF, it seems harsh that your OH should lose his job for something you did.

Illegitimi non carborundum

 

 

 

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I suppose it's too late now but I have a sense that he was badly advised by his union.

 

 

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Yes!... they going by it was he’s responsibility which was the condition of the pass and he should have stopped it. 

 

now I am scared because my partner got the hit for this already and for me they will come for the funds that weren’t paid all through this period, in the policy it stating something about been prosecuted

 

“Employee who receives free travel facilities for themselves and their families are responsible for their proper use. Any person found guilty of improperly using, transferring or causing to be transferred a free travel document, or attempting to do so, will be liable to prosecution, withdrawal of facilities and possible dismissal”

 

that’s what I read 

now I thinking will I be prosecuted, I can’t use the pass anymore anyways now as Partner is now out of job with the company 

but the lose of revenue is what I really want to just give back and sincerely apologise 

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Well as you have been advised, you probably should wait for the letter to arrive and then make sure that you respond in a way which shows that you are completely remorseful, that you and your partner have already been punished enough and you are going to make a full reimbursement.

It's such a shame because it sounds as if the both of you have paid a very heavy price for this

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It such a nerve racking wait. As partners case ended yesterday and was told at work is only then the company will now chase up for the fare not paid.

 

could I be going to court for this and might get a criminal record?

As a nurse this will affect my job too, I don’t want this to happen, I have already seek for financial help and willing to pay all the money back

i am only relying on my income now to afford to have a roof over our head and feed while my partner is out of job

im scared

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Quote

Any person found guilty of improperly using, transferring or causing to be transferred a free travel document, or attempting to do so, will be liable to prosecution, withdrawal of facilities and possible dismissal”

 

But, assuming he was entitled to give the pass to you, your partner did none of those things. He did not improperly use it, transfer it or cause it to be transferred. More than that, it  says that "...any person found guilty of [those actions] ...will be liable to prosecution". How is it established he was guilty of it unless he was prosecuted? Does the company run its own courts?

 

You may well have been guilty of misusing the pass (though that will depend on its terms and conditions). But provided your partner was entitled to give the pass to you, he is guilty of nothing. He cannot be expected to police the use of a pass he was entitled to pass on to you, another adult. He needs to get somebody to look at the legality of his dismissal.

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Companies will often hold the staff member accountable for misue by spouses, my Oh has a discount card for where they work, i have a card, and its been made clear they will hold them responsible if i abuse the discount.

 

 

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please don't go writing to anyone yet.

you need to await the letter from the rail company TOC to findout what they might be looking to do over this.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes, they had him done for not monitoring the pass enough which after all the advice he seek from the union they all asked him to resign as that is better off than having dismissal on he’s work record which would impact other job prospects for reference.

 

my husband wants to also offer the company through the prosecution manager to pay all the money back, this is just so I don’t get to go court over this

Should he do this? 
he needs advice and doesn’t know what step to take to remedy this

Paying back as soon as possible is just what’s most important in my mind now

really panicking 

 

 

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1 hour ago, anmarj said:

Companies will often hold the staff member accountable for misue by spouses,

 

26 minutes ago, Maysoon said:

Yes, they had him done for not monitoring the pass enough

 

I find both those ideas ridiculous. What is it they suggest he does (whilst he's on duty working for the railway, that is)? Follow his spouse around to check the pass isn't being misused. I couldn't see that standing up to proper scrutiny.

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I know. It so sad how with modern age of freedom rights companies still up hold this.

the partner argue on this but the company is stating if he’s signed the agreement then he’s was happy with it.

It was a hard fight to win as all he was accused of were what was in the policy and he couldn’t fight or argue as they keep pointing it was their rules and that’s it

i am so shattered 

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I believe all the train operating companies take very seriously any questions of abuse of concessionary tickets, especially those issued to staff and their spouses as some employers view it as evidence of a breakdown in trust.  I'm not sure but I wouldn't be surprised if TOCs make it a condition of the issue of a spouse's pass that the employee is held responsible for their proper use.  (Whether that's enforceable or not... )

 

Having said that, on the basis of what the OP has said I'm astonished that this should reach a stage where even the OP's husband's union has advised him to resign.  (Especially when the OP says "... I only assumed my partner just didn’t want me to use it and scared me by saying it shouldn’t use it for going to work."!)

 

I can't helping if there's more to this than the OP knows...

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after he has had to resign for been charged with serious offence, he is has now tried to offer paying all the money back as well just with the hopes they don’t come for me now as the impact of going to court will be devastating for us.

 

I don’t know what rail law I would have broken by the misuse my this spouse pass ... so worried 

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he cant

you were charged with the offence not him.

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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well thats wrong and wont stop them prosecuting YOU , the charge is again YOU not HIM.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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