Used my mom's freedom pass, got caught and received a letter from TFL:

[najaB]

Do bear in mind that the process could take many weeks/a few months

You've sent everything off now so try not to dwell on it. Get on with your life as best you can

This is extremely good advice. You might get a reply in 24 hours, or it might be anything up to five or six months and there is absolutely nothing you can do about it. So just keep an eye out for their response but don't obsess over it.

 

[Wolfie]

Wishing you good health and a less stressful time, Dyda.

Ditto

 

[Dyda]

Thank you, I will try not to think about it but of course it will be very hard.

 

[Dyda]

And they will reply by email because I've sent everything off by email? Or should I be checking my letter box as well?

 

[Islineclear3_1]

And they will reply by email because I've sent everything off by email? Or should I be checking my letter box as well?

Check your letter box as well. I'm not an expert but I would expect to receive a 'hard copy' response

 

[Wolfie]

Can l suggest that you think about putting some money aside to cover any settlement that they may propose.

 

[najaB]

Check your letter box as well.

Agreed. They are much more likely to respond by 'snail mail'.

 

[Dyda]

Can l suggest that you think about putting some money aside to cover any settlement that they may propose.

I will do that but do they accept credit cards? or just cash? and any idea how much that might be?

 

[najaB]

I will do that but do they accept credit cards? or just cash? and any idea how much that might be?

You're getting a bit ahead of yourself here (since you don't know what TfL will decide to do) but typically they'll accept payment by cheque, postal order or debit card.

 

[Dyda]

You're getting a bit ahead of yourself here (since you don't know what TfL will decide to do) but typically they'll accept payment by cheque, postal order or debit card.

I know, I was just replying to Wolfie's suggestion...

 

[Wolfie]

I know, I was just replying to Wolfie's suggestion...

I was worried that a request for a largish sum of money that you might not readily have to hand might stress you more. My suggestion was intended to mitigate that.

 

[Dyda]

Hi everyone and Merry Christmas

It has been over a month since I replied to TFL and I still haven't received any response so... I am getting paranoid

Is it already time to chase them?

I'm thinking what if their reply got lost in the post or something like that? and they are waiting for me? You know... paranoia is paranoia!

If it’s time to chase what should I say?

And like always thank you in advance for your help

 

[ForTheLoveOf]

Hi everyone and Merry Christmas

It has been over a month since I replied to TFL and I still haven't received any response so... I am getting paranoid

Is it already time to chase them?

I'm thinking what if their reply got lost in the post or something like that? and they are waiting for me? You know... paranoia is paranoia!

If it’s time to chase what should I say?

And like always thank you in advance for your help

Don't chase at all. Remember, they have up to six months from the date of the offence to lay information before the Court. Until you get near to the end of that, it's simply a waiting game (and a chance to save up for a potential fine or settlement).

 

[Dyda]

Ah, I was not aware of the 6 months policy. But if the letter really gets lost in the post and I will get into more trouble?

 

[najaB]

Ah, I was not aware of the 6 months policy. But if the letter really gets lost in the post and I will get into more trouble?

Typically, the prosecution departments are more busy during November and December since there are more people using the trains and therefore more cases for them to deal with. Put it out of your mind for now, enjoy your Christmas and the new year celebrations, and only think about contacting them by mid January if you've not heard anything yet.

 

[Snegianna]

Ah, I was not aware of the 6 months policy. But if the letter really gets lost in the post and I will get into more trouble?

Hey any news yet ?

 

[summer 69]

Hi, did you get any response?

 

[najaB]

Hi, did you get any response?

Are you asking because of your own issue? If so, could you start a new thread and provide the information stated in the sticky at the top of this sub-forum please.

 

[Dyda]

No, no news yet. And I'm now sure what to do... To chase or not? People here seem to have differing opinions about it

 

[najaB]

No, no news yet. And I'm now sure what to do... To chase or not? People here seem to have differing opinions about it

It's not time to chase yet. Counting holidays, etc. it's a little over five weeks since they would have received your reply. I know it's not easy to put it to the back of your mind, but that's exactly what you'll need to do. I wouldn't chase it until the end of the month.

 

[Dyda]

Hi guys,

TFL finally got back to me with lots of paper work but in short here are the key facts:

- Title : single justice procedure notice

- Charge:

o That you on date…. Contrary to Byelaw 17(1) of the Transport for London Railway Byelaws Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962

And if I want to plead guilty or not guilty, in court or outside the court.

I’d like to close this case immediately so can anyone advise me what to do next?

I want to plead guilty and not go to court.

And the most important question is about criminal record: being charged with Byelaws will give me a criminal record for sure? Or is it something to be decided by the court?

Please help!

And thank you all for in advance for your help.

 

[furlong]

So this is for a single occasion at a single station for entering a compulsory ticket area without a valid ticket?

"compulsory ticket area" means any part of the railway identified by a notice stating that no person may enter there without being in possession of a valid ticket;

Did you see such a notice? Next time you're at the station, have a look and make sure it's there.

 

[furlong]

TFL finally got back to me with lots of paper work but in short here are the key facts:

Does the 'lots of paper work' include a photograph of the relevant notice that they allege you disregarded?

 

[Dyda]

So this is for a single occasion at a single station for entering a compulsory ticket area without a valid ticket?



Did you see such a notice? Next time you're at the station, have a look and make sure it's there.

I am so sorry but I have no idea what you are talking about...I did not post anything about this...

 

[furlong]

Byelaw 17(1) which you mentioned says:

No person shall enter a compulsory ticket area on the railway unless he has with him a valid ticket.

and the byelaws have the definition:

"compulsory ticket area" means any part of the railway identified by a notice stating that no person may enter there without being in possession of a valid ticket;

So it is one the facts that must be true - otherwise there was no offence.

 

[Dyda]

I pleaded guilty to this offence months ago.
My most important question right now is about criminal record: is there the slightest chance I will NOT get it?

 

[cuccir]

A Byelaws offence does not create a ciminal record, in most senses of the word. You do not need to declare it when asked about criminal convictions on eg a job or insurance application. It will not affect visa application, or appear on most DBS checks. It may appear on more enhanced DBS checks, used for particualrly security sensitive jobs.

 

[Dyda]

A Byelaws offence does not create a ciminal record, in most senses of the word. You do not need to declare it when asked about criminal convictions on eg a job or insurance application. It will not affect visa application, or appear on most DBS checks. It may appear on more enhanced DBS checks, used for particualrly security sensitive jobs.

This is such great news! But if it "does not create a ciminal record, in most senses of the word" I still might get it but I would not need to declare it?
I am so sorry but I am just not thinking straight as I am so stressed out...
And should I please guilty outside the court? is it the best option? I am sorry but I am really freaked out and confused...

 

[Islineclear3_1]

Does your latest letter mention anything about a settlement- or have you actually been summoned to attend court?

 

[cuccir]

This is such great news! But if it "does not create a ciminal record, in most senses of the word" I still might get it but I would not need to declare it?
I am so sorry but I am just not thinking straight as I am so stressed out...

Well the conviction (preusming you plead guilty) will exist, and will be somehere presumably on the Police National Computer: if you ever apply for a job at MI5 I'm sure they'll find it! But you do not need to declare it, ever and it should not appear on DBS checks in most cases. The only reason for my uses of 'presumably' and 'most' is that we don't necessairily know what checks are done for the most secure jobs - think police, prison service, etc etc. Perhaps unsurprisngly, this information is not freely available! But if you're getting a DBS for a job such as teaching or volutneering at a local charity, it won't appear.

Does your latest letter mention anything about a settlement- or have you actually been summoned to attend court?

I think it's a Single Justice Procedure Notice. These are issued by courts as an alternative to a summons. If you plead guilty, then your case is dealt with without going to court; fines are generally lower than in court convictions as you're saving the court time and money.

And should I please guilty outside the court? is it the best option? I am sorry but I am really freaked out and confused...

It would be irresponsible of us to provide direct advice on this sort of question - really only a lawyer with access to the evidence can provie a definitive answer.

BUT three things to think about:
1. Pleading guilty will get this sorted very quickly and definitively
2. I can't think why someone chosing to plead guilty would do so in court rather than via the SJPN, but I'm sure there will be some good reasons in some cases! I guess if someone was hoping to mitigate the level of fine perhaps?
3. Furlong's questions above relate to the fact that you are being charged with entering a "compulsory ticket area" which is defined (with my emphasis) as

any part of the railway identified by a notice stating that no person may enter there without being in possession of a valid ticket

If such a notice doesn't exist at the entrance to Northolt station that you used, it might be possible to create a defence against this charge in court, despite using your mother's pass. Again, though, beyond pointing out the possible existence of such a defence, I would want to leave it to a lawyer who has seen your evidence to advise on the quality of that defence.