tfl summons to court, misuse of freedom pass. Confused with letter.

[sunandmoons123]

Hi everyone,

I was caught using my mum's freedom pass back in late August and I've been summoned to court. But, the reasoning they gave me is for a case management hearing, then they will give me a trial date. I want to know if any of you guys have any thoughts as to why they have given me a CMH.

I used the freedom pass countless times, and initially said it was a mistake due to my vertigo. Of course, I was just misusing it intentionally and the only reason is because I am a broke uni student.

Then once I was given the letter to state whether I want to plead guilty and go to court, I wrote back stating I am guilty and want to go to court. I also wrote them a letter stating how I am remorseful and that misusing a freedom pass is wrong.

I've attached a PDF with everything here from emails to them and the letters they have sent to me.

Please let me know your thoughts!

Thanks.

 

[Puffing Devil]

Some confusion at the court over the contents of your letter - it appears that they have recorded a not-guilty plea and have put you on the path to a trial.

Write back confirming your intention to plead guilty and there must have been a misinterpretation of your earlier letter. Confirm that you will attend on the date requested with the intention of offering a guilty plea at the first and earliest opportunity.

It's important that you establish that you are pleading guilty at the earliest opportunity to get the full 1/3 off your sentence. Unfortunately, that doesn't extend to costs, victim surcharge or compensation.

 

[sunandmoons123]

Oh no way, I did plead guilty so that's so strange. I've emailed them, hopefully they correct this for me. Thank you!

 

[reb0118]

I could be wrong but maybe you got confused between the offers? I think your options would have been. Plead guilty OR attend court. Not plead guilty AND attend court.

If you are pleading guilty then, for minor cases, there is usually no requirement to attend court UNLESS the court requires your presence.

When you selected both plead guilty AND attend court this may have confused matters and the default position when there is doubt is to enter a not guilty plea.

As I state above this is only my sumising of the matter.

 

[sunandmoons123]

Hi Reb0118, I had the option to plead guilty and attend court. I thought it would be good to attend court so they could lessen the fine, which is why I'm confused why I've received a CMH. I've attached it onto here to show what it looks like, but I did it online. There might have just been a lot of confusion as you said.

 

[30907]

Thank you for updating us. I don't think many (any) of the regular responders on here are familiar with this scenario (I have been a member for nearly 10 years and don't recall one before), and you might be better off following up your mail with a phone call to the court. Do keep us updated.

One other point: you are being charged under the TfL Byelaws for a single offence - it is one they can easily prove (as you have realised), but it also counts as a "non-recordable" offence, meaning that you will not get a criminal record even though you get a fine, so the long-term effect on your career etc will be limited - a minor offence on an enhanced DBS check will not be "the end" for you. I hope that helps.