Court summoning for Fare Evasion using someone else's freedom pass

[ehc99]

Hello everyone,

I am currently seeking help for a court summoning that I have coming up soon due to fare evasion with someone else's freedom pass.

To give some context, It was my first day of coming into the office for my very first graduate job after finishing Uni in summer 2021. I was required to come into the office to collect my work laptop and phone but was required to work from home for the rest of the month due to COVID resrtictions - so this was the only day I had come into the office (this was my 3rd day working at this job btw). As I had just started, I didn't have much money in my account at the time and plus I was running late, so I took my mum's freedom pass (without her knowing) to make sure I am able to make the journey (as I didn't know how much the fare would be). As I was tapping out of Victoria station, a TFL staff member noticed I had used a freedom pass, consequently stopping me and asking to see the pass. I immediately showed them and admitted to my mistakes. They took me to one side and questioned me. I was 100% truthful about everything when explaining to the inspector.

Couple days later, I recieve a letter from TFL that legal proceedings may be taken and that I have 10 days to email and provide any migitating circumstances/reasons as to why TFL should not proceed with a procecution. I emailled them straight away with my statement.

1. I mentioned how this was the very first time I had ever used my mum's pass
2. I explained how I deeply regretted my actions and would never intend to evade any kind of fares again
3. explained how I am willing to pay any outstanding payments/fines to agree to an out of court settlement.

I thought my explanations was sufficient and let it be. However, I have now recieved a letter of a court summoning under Byelaw 17(1) for not having a valid ticket at Victoria station. TFL decided to escalate the case and I now have to attend court and give any reason for them to not give me a crimincal record. My financial situation is a lot better so I am willing to pay for a fine but under no circumstance do I want a criminal record. Can anyone give me guidance on how to go about this? Thanks!

 

[Fawkes Cat]

Welcome to the forum.

There is no harm in writing to TfL to ask if they would agree an out of court settlement - but our experience is that TfL very rarely agree to this, so you may have to reconcile yourself to being convicted. But depending on what you do for a living this may have little or no impact on your work position.

You have been charged under the TfL byelaw, and from what you have told us I think that you will be found guilty (so in practice it will be better to plead guilty rather than take up the court's time when there doesn't seem to be any dispute over the facts). But there is a very useful piece of law called the Rehabilitation of Offenders Act: essentially the idea is that offenders should not have their whole life ruined by one conviction, so convictions become 'spent' for most purposes after a period of time. For a byelaw conviction, they become spent immediately, so you aren't obliged to tell anyone (such as your employer) about them, and in general they will not appear on a DBS search.

But there could be some bad news with the good news. Convictions become spent for most purposes - not all. For jobs involving a large amount of trust (so things like providing personal care, or dealing with other people's money or giving legal advice) you may have to disclose a conviction even if it is spent. As you have only recently started your job, I expect that you will have a copy of your terms of employment. Read them very carefully and see what they have to say about convictions. If they don't say anything or they're not clear you may also want to talk to someone you can trust at work to find out what the rules are: if you're a member of a union your union rep would be an ideal person. But even if you are required to reveal a byelaw conviction, don't despair: many employers recognise that people make mistakes from time to time: admitting your mistake and conviction will certainly be embarrassing but may have no further consequences. Failing to mention it (especially if your employer requires you to mention it) could lead them to think that not only did you make the original mistake of using someone else's pass, but you then made the further mistake of trying to conceal it. That will make them begin to wonder if you make a habit of making mistakes - which is not something you want them to ask!

 

[ehc99]

Welcome to the forum.

There is no harm in writing to TfL to ask if they would agree an out of court settlement - but our experience is that TfL very rarely agree to this, so you may have to reconcile yourself to being convicted. But depending on what you do for a living this may have little or no impact on your work position.

You have been charged under the TfL byelaw, and from what you have told us I think that you will be found guilty (so in practice it will be better to plead guilty rather than take up the court's time when there doesn't seem to be any dispute over the facts). But there is a very useful piece of law called the Rehabilitation of Offenders Act: essentially the idea is that offenders should not have their whole life ruined by one conviction, so convictions become 'spent' for most purposes after a period of time. For a byelaw conviction, they become spent immediately, so you aren't obliged to tell anyone (such as your employer) about them, and in general they will not appear on a DBS search.

But there could be some bad news with the good news. Convictions become spent for most purposes - not all. For jobs involving a large amount of trust (so things like providing personal care, or dealing with other people's money or giving legal advice) you may have to disclose a conviction even if it is spent. As you have only recently started your job, I expect that you will have a copy of your terms of employment. Read them very carefully and see what they have to say about convictions. If they don't say anything or they're not clear you may also want to talk to someone you can trust at work to find out what the rules are: if you're a member of a union your union rep would be an ideal person. But even if you are required to reveal a byelaw conviction, don't despair: many employers recognise that people make mistakes from time to time: admitting your mistake and conviction will certainly be embarrassing but may have no further consequences. Failing to mention it (especially if your employer requires you to mention it) could lead them to think that not only did you make the original mistake of using someone else's pass, but you then made the further mistake of trying to conceal it. That will make them begin to wonder if you make a habit of making mistakes - which is not something you want them to ask!

Hi Fawkes! Really appreciate the descriptive and prompt reply. How could I possibly contact TFL to see if they would agree to an out of court settlement and do you have any advice on what to say for that? Other than that, I think the information you supplied is really helpful, I'll have to look into my employment terms and everything. Thanks!

 

[Fawkes Cat]

How could I possibly contact TFL to see if they would agree to an out of court settlement

I can think of 3 options
- the address shown at the top of the letter telling you about the prosecution, if that's a letter from TfL
- the address or email you replied to when you first responded to their letter back in the autumn
- the address on their website:
TfL Customer Services
9th Floor
5 Endeavour Square
London
E20 1JN

do you have any advice on what to say for that

@Hadders often provides some very good advice: it's normally for people responding to a first letter from a railway company (who are a little different from TfL) but you could do worse than follow it:

I normally recommend that the following is included in a reply:

- That you are sorry for what has happened
- What you have learned from the incident
- That you are keen to settle the matter without the need for court action
- Offer to pay the outstanding fare and the train company's administrative costs in dealing with the matter

 

[ehc99]

I can think of 3 options
- the address shown at the top of the letter telling you about the prosecution, if that's a letter from TfL
- the address or email you replied to when you first responded to their letter back in the autumn
- the address on their website:
TfL Customer Services
9th Floor
5 Endeavour Square
London
E20 1JN


@Hadders often provides some very good advice: it's normally for people responding to a first letter from a railway company (who are a little different from TfL) but you could do worse than follow it:

Noted. Will take action as soon as possible - really appreciate the advice. I hope it all works out

 

[AlterEgo]

Unfortunately TfL tend to summons for this sort of wilful and obvious fare evasion and tend not to entertain out of court settlements.

When exactly was the offence, which date were you stopped? TfL have a six month time limit on laying papers for a summary only offence like this so we should first check that hasn't been fouled by them.

Couple days later, I recieve a letter from TFL that legal proceedings may be taken and that I have 10 days to email and provide any migitating circumstances/reasons as to why TFL should not proceed with a procecution. I emailled them straight away with my statement.

1. I mentioned how this was the very first time I had ever used my mum's pass
2. I explained how I deeply regretted my actions and would never intend to evade any kind of fares again
3. explained how I am willing to pay any outstanding payments/fines to agree to an out of court settlement.

I'm afraid by reply you admitted, again, to the offence (which I assume you admitted anyway when questioned). When train companies write to you, very often they simply want to collect evidence to lay before the court to ensure as smooth a conviction as possible. They now have the officer's contemporaneous notes of your interview, and your signed statement of admission.

Not all train companies do this (GWR's policy is that they almost always settle for all but the worst offences), but TfL work on the basis that convictions in the magistrates' court are better PR for them as a deterrent. I'm afraid I do sympathise with them, as they are in financial dire straits and it is politically difficult for them to adopt any other policy than maximum deterrence.

You can certainly ask again for an out of court settlement but, while possible, a resolution of this sort is unlikely and you should prepare for the (relatively limited, thankfully) consequences of conviction.

 

[ehc99]

When exactly was the offence, which date were you stopped? TfL have a six month time limit on laying papers for a summary only offence like this so we should first check that hasn't been fouled by them.

Hey, so I was stopped on 15/09/21 and I have received the court summoning letter on 26/01/22 by which the hearing will take place in March - think its just shy of 6 months but the hearing date exceeds that limit so not sure if that counts.

I would've thought being 100% truthful and it being my first + only time fare evading, I would get let off with a warning at least - even the inspector said I should likely get a warning given my situation. Oh well, I guess I'll just keep trying to ask for an out of court settlement. Nevertheless, my biggest worry is that it will affect my future job prospects but as its under byelaws hopefully it wouldn't be as bad. Thanks for the insight though, its very much appreciated!

 

[AlterEgo]

Hey, so I was stopped on 15/09/21 and I have received the court summoning letter on 26/01/22 by which the hearing will take place in March - think its just shy of 6 months but the hearing date exceeds that limit so not sure if that counts.

It's laying papers which counts, and they have already done that by summonsing you, so they are well within the six month limit I'm afraid.

 

[30907]

I would've thought being 100% truthful and it being my first + only time fare evading, I would get let off with a warning at least - even the inspector said I should likely get a warning given my situation.

In a sense, you are being let off: you are only charged with not having a valid ticket, not with the offence of fare evasion, which you arguably were guilty of and which would have given you a criminal record for 12 months.

TfL seem (judging by this forum) to prefer this option for first offences - it is easy to prove and probably deters enough people.

 

[SuspectUsual]

I would've thought being 100% truthful and it being my first + only time fare evading, I would get let off with a warning at least

Sorry if this seems a little harsh, but you’ve admitted an offence of dishonesty and are looking to escape with a warning because you’ve been 100% truthful

And look at it from TfL’s point of view - you say this is the first time you’ve done it; what they can see is it’s the first time you’ve been caught for it

As others have said, you’ve nothing to lose by writing seeking an out of court settlement, but previous cases suggest that’s unlikely.

Looking on the brighter side, again as has already been said the conviction is very unlikely indeed to have a meaningful impact on your life

 

[Bungle158]

In a sense, you are being let off: you are only charged with not having a valid ticket, not with the offence of fare evasion, which you arguably were guilty of and which would have given you a criminal record for 12 months.

TfL seem (judging by this forum) to prefer this option for first offences - it is easy to prove and probably deters enough people.

Convictions resulting in fines for Regulation of Railways Act offences are 'spent' after 12 months. There is then no need to disclose the conviction for a general employment basic DBS check. However, the conviction will still show on standard or enhanced checks. Think teaching, nursing, work with children etc. There is also a possibility that visa/visa waiver applications, including the new Schengen ESTIA could be compromised.

 

[Wethebest838]

Convictions resulting in fines for Regulation of Railways Act offences are 'spent' after 12 months. There is then no need to disclose the conviction for a general employment basic DBS check. However, the conviction will still show on standard or enhanced checks. Think teaching, nursing, work with children etc. There is also a possibility that visa/visa waiver applications, including the new Schengen ESTIA could be compromised.

I know that ESTA for USA travel is compromised if convicted. Byelaw you can use ESTA though. But, you just apply for a visa at the embassy if convicted. For something as silly as fare evasion, they really won’t turn it down. Unless you robbed some banks or you’re the head of a drug gang. You should be fine.

 

[30907]

I know that ESTA for USA travel is compromised if convicted. Byelaw you can use ESTA though. But, you just apply for a visa at the embassy if convicted. For something as silly as fare evasion, they really won’t turn it down. Unless you robbed some banks or you’re the head of a drug gang. You should be fine.

Fortunately, the OP is being charged with a Byelaw offence.

 

[Wethebest838]

Fortunately, the OP is being charged with a Byelaw offence.

Yeah, which is excellent!

Just an FYI incase anyone wondered!!

 

[Zabina25]

Any updates?