Was stopped by an inspector for using parents freedom pass a year ago. Provided ID and name etc. Driving license shown had a previous address so all correspondence was sent to this address. At the time when the inspector requested ID I was confused and did not provide updated address as this was not on the license. Recently received a letter with court fine and discovered that this case had gone to court in my absence. Should I make statutory declaration as I was unaware or will I be questioned for not updating the DVLA?
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Fare Evasion - Wrong address
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The two are unrelated.
ForTheLoveOf
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The question of whether there is any point in making a Statutory Declaration depends on whether or not you think you could be found not guilty (in which case, it's probably worth it), as well as whether or not you think the fine you would be given if found guilty is higher or lower than that given by default when the defendant does not respond to the summons and means form.
Obviously if you don't intend to do a Statutory Declaration you would be well advised to pay the fine etc. outstanding as soon as possible. If you do want to do a Statutory Declaration you must do so within 21 days of becoming aware of the conviction in your absence.
Obviously if you don't intend to do a Statutory Declaration you would be well advised to pay the fine etc. outstanding as soon as possible. If you do want to do a Statutory Declaration you must do so within 21 days of becoming aware of the conviction in your absence.
It has been updated. Will statutory declaration allow possibility for this to be settled out of court?
ForTheLoveOf
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There is a possibility, but the likelihood depends very much on the prosecuting authority involved. If it's TfL, you're probably wasting your time as they are very hot on fraud (which is essentially what you did) and are reluctant to settle out of Court in such circumstances. You can still try but honestly I don't see the point if the result is the same - or are you planning to plead not guilty?
The main concern for me is the criminal record. Is this still on record given that it happened a year ago? In terms of pleading not guilty, that's not my intention. It was a mistake nonetheless the first ever mistake or 'crime' committed in my life. I just wanted to make it clear to the court that I did not receive correspondence and that I would of attempted to resolve with TFL/apologise etc. as it will have huge implications on my life as a graduate.
ForTheLoveOf
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Well, it depends on the offence you were convicted of. If it was a Byelaw offence then there would be no criminal record. If it was an offence under the Regulation of Railways Act then this would leave a criminal record and would constitute an unspent conviction for one year after conviction. After that time it would no longer have to be declared other than where specifically told to declare spent convictions.
Unfortunately I think the time to attempt to resolve it was far earlier, and I don't rate your chances at negotiating a settlement with TfL as particularly high. It's up to you whether or not you would like to nevertheless do the Statutory Declaration and hope for a better result (bear in mind it may also be a worse result!). It's like an exam remark - you always hope you'll end up better but it's a lot of stress and hassle, and there's a risk it'll end up worse.
Haywain
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In theory, you will have more chance/time to try and arrange a settlement if your statutory declaration (SD) is made through a solicitors, rather than directly with the court as it may then be dealt with at the point of making the SD.
The failure to receive correspondence is relevant to the court in the case of the SD, but any attempts to resolve the matter out of court or make apologies are unlikely to be of any interest as the court will simply be judging your guilt and the level of fine and costs.
Thanks for responding, I believe it was under Byelaw 17(1) of TFL made under par 26 of sched. 11 to Greater London Authority Act 1999. Confirmed under sect 67 of Transport Act 1962. Matter was heard at Magistrates in my absence.
ForTheLoveOf
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Ok, so this shouldn't lead to a criminal record on the Police National Computer. However, it is a criminal conviction (though immediately spent), so there may be some very limited times where you may need to declare it - for example, if you apply for high level security clearance. Having been convicted of an offence may also make you ineligible for some countries' visa waiver programmes, depending on how you interpret their questions.
MichaelAMW
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Given you've admitted acting in a fraudulent manner by using someone else's ticket but only been prosecuted for a byelaw offence, I should pay up. If you go down the SD route they might try to go for a more serious offence, particularly if as seems likely you did this more than once. I might have more sympathy if you acknowledged you'd done wrong.
This was the first ever time and I have acknowledged that I was wrong, but I do not agree that a criminal conviction is appropriate given the implications it has on the rest of your life. A warning especially for first time should suffice, taking this to court and spending money trying to get people a criminal record seems futile in aiding society progress - it only prevents you from getting a job and forces you to do less skilled jobs. I would of preferred 500 hours community service or a fine where I would be forced to work extra hours etc. Everyone makes mistakes but this seems to be taken to the extreme. If you were to give your son your gym membership for the day would you expect to be taken to court?
Haywain
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Was this "the first ever time" you had done this or "the first ever time" that you had been caught? How do TfL know which is true? People get criminal records for breaking the law, and that is what you have done - in using a parent's Freedom Pass you were committing an act of fare evasion and there is specific legislation making that an offence. What you might do with a gym membership is irrelevant as there are not specific laws governing that, although your son could perhaps be committing fraud. I am sure that there are many people doing very highly skilled and highly paid jobs who have criminal records, but maybe not what they would have liked to be doing when they were young. I'm afraid that you have done what you have done and now need to get used to the fact that actions have consequences.
Driving license was ID shown to inspector. This had previous address that lived at 2 years ago (has now been changed) so all correspondence was sent there.
Understood. What I meant was any offence for travelling without a valid ticket is separate and independent of any offence for not updating the address.
DaveNewcastle
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Most Courts have now moved over to a faster process in which you simultaneously make the declaration, and are asked to enter a plea (Guilty or Not Guilty) of the offence for which you were previously found Guilty without your knowledge. There is no opportunity to negotiate with the Prosecution and no chance that an alternative Offence could be prosecuted against you.MichaelAMW said:
As Haywain suggests, if you make the SD in a Solicitors office, the Declaration and the Plea are separate. This allows for an attempted negotiation (in theory, though unlikely in reality) and for an alternstive Offence to be prosecuted against you.
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