I was stupid enough to use my mum's freedom pass and got caught plz help

[B088YK]

Afternoon I was hoping i could get some advise over the last few months I've been going through some financial difficulty and have been stressed at work which in turn has triggered my epilepsy who have referred me to occupational help
I usually top my oyster up on a monthly basis but due to my financial problems I thought I'd use my mother's freedom pass for a while yes I know VERY stupid off me but my head was not in the right place anyway yesterday I got stoped at the station and asked to produce my oyster as I have them my oyster he said it's not the one you used can I see the one you just used so I told him this is the only 1 I have at which point he said he will have to call the police and they will search me as I've never been in trouble with the police before I got scared and apologised and showed my mum's freedom pass he took me aside and took out his note pad and starting taking my details I gave all the information he asked I explained my financial problems and why I did what I did and how I'm really sorry and scared of the outcome he also asked where did i get the freedom pass I said I took my mother's he also asked how long have I used it and I said around 2months he checked my oyster and said this has not been used for a month and how he will have to take my mum's freedom pass went through the notes and made me sign and then read me my rights and said we will be in contact with you soon and not to ignore any letters from them
Yes I made a BIG mistake and yes I'm scared off the out come as the ticket inspector told me this is a criminal offence and how I will be prosecuted and I can get a criminal record as I've never committed a crime before in my life and never been in trouble with the police I wanted to know what happens when I plead guilty I know I will have to pay a fine and is it possible to pay in instalments due to my financial problems and will I get a criminal record and how long does it stay for I'm so terifed as I've really let not just myself but my mother down really bad
Can I plz get some feedback plz

 

[yorkie]

Yes, you will get a criminal record, and yes your financial status will be taken into account, so you can pay the fine in instalments.

The criminal record will become spent eventually (there are threads on here where this sort of matter is discussed; a search may reveal the answer or someone else can advise) but will always be visible on an enhanced DBS check.

If your Mum was aware of the illegal use of the Freedom pass, then there could potentially be repercussions for her too, but I do not know about that (someone else may know).

 

[mikeg]

The irony being, if you have recently suffered epileptic symptoms that rendered you ineligible for a driving licence you may have been eligible for a disabled person's freedom pass:

7) People who, if they applied for the grant of a licence to drive a motor vehicle under Part III of the Road Traffic Act 1988, would have their application refused pursuant to section 92 of the Act (physical fitness) otherwise than on the ground of persistent misuse of drugs or alcohol.

https://www.londoncouncils.gov.uk/services/freedom-pass/disabled-persons-freedom-pass/eligibility

If it was a fit, this would typically be incompatible with driving:

https://www.gov.uk/epilepsy-and-driving



On another note:

Is this a TfL prosecution or a prosecution by someone else? On what mode of transport and what company's transport were you abusing the pass? We need to know as there may be a (small) chance of settling this out of court, although concessionary pass abuse is taken more seriously than plain faredodging.

 

[B088YK]

The irony being, if you have recently suffered epileptic symptoms that rendered you ineligible for a driving licence you may have been eligible for a disabled person's freedom pass:



https://www.londoncouncils.gov.uk/services/freedom-pass/disabled-persons-freedom-pass/eligibility

If it was a fit, this would typically be incompatible with driving:

https://www.gov.uk/epilepsy-and-driving



On another note:

Is this a TfL prosecution or a prosecution by someone else? On what mode of transport and what company's transport were you abusing the pass? We need to know as there may be a (small) chance of settling this out of court, although concessionary pass abuse is taken more seriously than plain faredodging.

I was traveling on the Hammersmith & District Line and I believe it was TFL

 

[Mojo]

I was traveling on the Hammersmith & District Line and I believe it was TFL

If you were stopped by a LU Revenue Control Inspector then dependent on the process of current investigations they will look at the journeys made on this Oyster card and look to link these journeys to you (tied up with CCTV evidence). They may invite you to an interview or present a list of journeys and ask you to advise if they are your journeys or not. If these journeys can be linked to you then should the case go to court then they will probably seek to claim them as compensation.

 

[B088YK]

If you were stopped by a LU Revenue Control Inspector then dependent on the process of current investigations they will look at the journeys made on this Oyster card and look to link these journeys to you (tied up with CCTV evidence). They may invite you to an interview or present a list of journeys and ask you to advise if they are your journeys or not. If these journeys can be linked to you then should the case go to court then they will probably seek to claim them as compensation.

Thank you for your feed back so can I confirm the matter will be taken to court I should plead guilty as I'm really scared what will happen and that I will be given a criminal record
Can I also ask how long does it stay on your name and do I need to inform my employer plus if I applied for retail jobs will it show up then as well
I was a fool a stupid fool now I'm so scared and have no idea how long I have to wait for some sort of response from them

 

[B088YK]

Thank you all for your reply can I just confirm plz that the matter will be taken to court i will be prosecuted and i will be given a fine and a criminal record I will be pleading guilty as I'm so scared as I've never been to court before
Also how long does the criminal record stay on your name and do I need to inform my employer and if so could I get fired from my job and lastly if I apply for retail jobs will they know about my criminal record
Sooo sorry for all the questions I'm just terrified and have no idea how long I will have to wait for them to get back to me this happened yesterday

 

[Elecman]

I'm wondering if they had been watching you for sometime if the Revenue Protection guy knew you had the second card when he checked your Oyster?

 

[B088YK]

I'm wondering if they had been watching you for sometime if the Revenue Protection guy knew you had the second card when he checked your Oyster?

I'm not too sure but he did say that is not the oyster you used as I saw you put the one you used in the other pocket

 

[B088YK]

Has anyone been in the same situation and if so could you plz share your outcome as this incident has really shaken me up how can be such a fool

 

[Mojo]

I'm wondering if they had been watching you for sometime if the Revenue Protection guy knew you had the second card when he checked your Oyster?

I doubt it. Staff can set the gates to flash up an orange light when a monitored pass is being used. If the Inspector saw this light illuminate and then on checking the pass an "ordinary" Oyster card was presented then it would be clear that the OP was in possession of another card.

 

[fowler9]

Thank you for your feed back so can I confirm the matter will be taken to court I should plead guilty as I'm really scared what will happen and that I will be given a criminal record
Can I also ask how long does it stay on your name and do I need to inform my employer plus if I applied for retail jobs will it show up then as well
I was a fool a stupid fool now I'm so scared and have no idea how long I have to wait for some sort of response from them

Regarding your employer have a word with the CAB or a Union that relates to your job. You should be able to get free advice. If it gives you some peace of mind I have worked with people with criminal convictions in some fairly sensitive jobs. It doesn't mean it is the end of your working life. Try Googling USDAW, I think they are the relevant Union. Otherwise as I say look up your local Citizens Advice Bureau. Neither will tell your employer what you discuss.

 

[B088YK]

Please any feedback on my question would be very helpful
Thank you all for your reply can I just confirm plz that the matter will be taken to court i will be prosecuted and i will be given a fine and a criminal record I will be pleading guilty as I'm so scared as I've never been to court before
Also how long does the criminal record stay on your name and do I need to inform my employer and if so could I get fired from my job and lastly if I apply for retail jobs will they know about my criminal record
Sooo sorry for all the questions I'm just terrified and have no idea how long I will have to wait for them to get back to me this happened yesterday

 

[najaB]

Also how long does the criminal record stay on your name and do I need to inform my employer and if so could I get fired from my job and lastly if I apply for retail jobs will they know about my criminal record

It will be 'spent' after twelve months and will no longer appear on a standard DBS check. Whether you need to inform your employer is entirely between you and them - you would need to find out from your HR or see if it's included in any employee handbook, contract or similar documentation you have.

After the conviction is spent it would not be visible on the standard disclosure check which is appropriate to a job in retail.

 

[Any_Permitted]

Has anyone been in the same situation and if so could you plz share your outcome as this incident has really shaken me up how can be such a fool

Other forum users have given useful advice. This is a pretty serious situation, but relax: other people have been in your position before. A quick search of this forum reveals the following similar cases, a read of them may well help you:

1. http://www.railforums.co.uk/showthread.php?t=107850
Caught using late mum's freedom pass, in the end the person DID NOT get taken to court and DID NOT get a criminal record. The matter was settled out of court.

2. http://www.railforums.co.uk/showthread.php?t=101917
Caught using mother's freedom pass, don't know the result.

3. http://www.railforums.co.uk/showthread.php?t=107714
Used a friend's non-transferable Oyster card, don't know the result.

Admittedly, Transport For London are less likely to settle out of court compared to other train companies. But that doesn't mean it is completely impossible. As hard as it is, try and relax and wait for the letter to arrive. Let us know when it does and we will give you further advice. In the meantime feel free to ask as many questions as you want.

 

[broadgage]

If convicted, in general there is no need to tell your employer, the only exception being if your contract of employment has a clause that specifically requires that you inform your employers of any conviction during your employment.

Any NEW employer might check to see if you have a conviction, so if possible remain in your present job until any conviction is spent.
After a time convictions become "spent" and need not be declared in most circumstances. They stay on record forever, but after becoming "spent" have no influence on everyday life.
Old convictions may prevent joining the police, the armed forces, the security services, and certain other specialist jobs, but have zero effect normally.

 

[trainmania100]

I've got bus confectionery travel the card looks like a freedom pass does it work on tubes?

 

[najaB]

I've got bus confectionery travel...

Is that some kind of sweet deal?

 

[B088YK]

Other forum users have given useful advice. This is a pretty serious situation, but relax: other people have been in your position before. A quick search of this forum reveals the following similar cases, a read of them may well help you:

1. http://www.railforums.co.uk/showthread.php?t=107850
Caught using late mum's freedom pass, in the end the person DID NOT get taken to court and DID NOT get a criminal record. The matter was settled out of court.

2. http://www.railforums.co.uk/showthread.php?t=101917
Caught using mother's freedom pass, don't know the result.

3. http://www.railforums.co.uk/showthread.php?t=107714
Used a friend's non-transferable Oyster card, don't know the result.

Admittedly, Transport For London are less likely to settle out of court compared to other train companies. But that doesn't mean it is completely impossible. As hard as it is, try and relax and wait for the letter to arrive. Let us know when it does and we will give you further advice. In the meantime feel free to ask as many questions as you want.

Thank you very much for your advise

 

[B088YK]

Thank you all for your reply can I just ask as my mum was not aware of me using her freedom pass can she get in trouble and also as she was not aware off this can this have a more sever impact on my case

 

[najaB]

Thank you all for your reply can I just ask as my mum was not aware of me using her freedom pass can she get in trouble and also as she was not aware off this can this have a more sever impact on my case

If she truly was unaware of it then she won't get in trouble - the question is, can you prove that she didn't know?

 

[Any_Permitted]

Thank you all for your reply can I just ask as my mum was not aware of me using her freedom pass can she get in trouble and also as she was not aware off this can this have a more sever impact on my case

Ok, TFL will probably want to know the answer to this question, and they may interview your mum as well as you:

> If your mum wasn't aware, and you declare this, then she will not get into trouble. However it will definitely have an impact on your case, as it now effectively looks like you stole her pass.

> If your mum was aware, and you declare this, it will have a minor impact on your case BUT your mum will get into trouble for helping you avoid the fare.

The best advice I can give is to be honest, and say that your mum was not aware IF THAT IS REALLY WHAT HAPPENED. It will make your case look worse, but (a) your mum won't get punished and (b) if you get caught lying, it will only make the situation MUCH worse!

Edit: To echo najaB, there may be difficulty in proving that she didn't just lend you her pass.

 

[B088YK]

Really appreciate all the feedback no my mum was not aware of this as she would never alow me to use it in the 1st place
So does this mean I could be looking at jail time for stealing and for using the freedom pass

 

[B088YK]

I've been so stupid and naive I've let myself and my mum down I just really want to get this sorted I've never ever been in trouble before and just to go to court is a big embarrassment for the family

 

[najaB]

So does this mean I could be looking at jail time for stealing and for using the freedom pass

Highly unlikely. Even in the worst outcome I think the odds of jail time are indistinguishable from zero. Most likely outcome would be a fine for the misuse of the freedom pass and at worst a conditional discharge for the theft.

 

[gray1404]

My understanding is that RPIs do not have the power to search people. Was the RPI in this case right to say he would get a police officer so she could be searched. I think all she was under any duty to do was give her name and address and walk off. Certainly not wait around for police to come and search you.

 

[broadgage]

Really appreciate all the feedback no my mum was not aware of this as she would never alow me to use it in the 1st place
So does this mean I could be looking at jail time for stealing and for using the freedom pass

A jail term is a theoretical possibility, but virtually unknown in practice for this sort of case. I would expect a fine of a few hundred pounds, and yes the court will give time to pay according to your circumstances.

 

[B088YK]

Thank you all for your reply I will be letting you guys know when I receive the letter to get further advice thanks again

 

[matt_world2004]

I've got bus confectionery travel the card looks like a freedom pass does it work on tubes?

No, only passes issued to greater london residents are valid on the tube, but you can use your pass on buses at any time.

 

[Clip]

My understanding is that RPIs do not have the power to search people. Was the RPI in this case right to say he would get a police officer so she could be searched. I think all she was under any duty to do was give her name and address and walk off. Certainly not wait around for police to come and search you.

They didn't search the OP - they told them that it wasn't the card they used and they would call the police to search them which I think they are allowed to do.

Now I assume they had entered the system as this is how they normally catch people on the underground so where would you suggest they walk off too? The gateline so they couldn't get back out the system?