Caught using found Freedom Pass ... now what?

[loaiuk]

I was traveling in a Bus there i found a Oyster Card belong to someone i don't know. That was 3 days ago.

 

I kept it in my pocket thinking to give it back to TFL but forgot.

today by mistake i touched that FREEDOM PASS when entering the underground station. ( my oyster was with me )

 

Soon Revenue inspector caught me.

 

He ask loads of question. confisticated my Own Oyster card and Freedom Pass

 

he then ask my address and proof of my name

 

I gave him everything he asked for. I told him already that's was a honest mistake and i know it's not allowed to use.

 

 

He told me that they will take me to court. I am really scared i never been to court or jail

 

Will they take me to Jail?

 

I'm student and work part time.

 

I know they will write me soon.

[dx100uk]

your best bet is to read some ofthe threads here.

 

typically it will be in your favour to force the issue by writing and admitting the offence and getting it sorted out of court before hand

 

in a word grovel!

 

dx

[Old-CodJA]

The advice given by dx100uk is spot on.

 

Say sorry, offer to pay the costs that your action has incurred the company and hope that they will allow you to settle without Court action.

 

If they proceed, no, you will not go to prison if convicted.

 

The usual penalty is a fine, the offender may also be ordered to pay something toward the prosecution costs, compensation of the unpaid fare and a £15 victim surcharge, which is levied on all people fined in a Magistrates Court.

[loaiuk]

The advice given by dx100uk is spot on.

 

Say sorry, offer to pay the costs that your action has incurred the company and hope that they will allow you to settle without Court action.

 

If they proceed, no, you will not go to prison if convicted.

 

The usual penalty is a fine, the offender may also be ordered to pay something toward the prosecution costs, compensation of the unpaid fare and a £15 victim surcharge, which is levied on all people fined in a Magistrates Court.

 

 

when the revenue inspector asked for proof of address i looked everywhere and found driving license which i gave to him.

 

But in 3 days time i moving to a new house with my GF.

 

Is this a problem...?

[Old-CodJA]

when the revenue inspector asked for proof of address i looked everywhere and found driving license which i gave to him.

 

But in 3 days time i moving to a new house with my GF.

 

Is this a problem...?

 

No, when you write to the rail company you should give your new address. It's up to you to tell the truth isn't it?

 

Now of course some people will say 'I wouldn't bother because the rail company will not know where I've moved to'

 

You might take a chance on that and I suggest that because you haven't contacted the rail company, the following scenario is most likely:

 

1. The rail company proceed to prosecution and serve a Summons on your old address as shown on your driving licence.

2. The Summons isn't answered and the rail company prosecutor proves the case to the satisfaction of the Court in your absence, showing that your name and address were confirmed at the time of travel

3. Because you haven't responded, the Court find you guilty and order you to pay a fine, costs & compensation and you do not respond to the Court order

4. The matter is passed to the Court Bailiffs who trace where you have moved to and add their charges so your bill has probably doubled

5. You make a statutory declaration statiing your new address and saying that you didn't receive the Summons

6. The Court set aside the original conviction and allow the Prosecution to start again.

7. The Rail Company now have your new address from the Stautory Declaration that you made and will issue the Summons again without time constraints.

 

So, you'd face the matter going back to Court when you could have notified the rail company that you are moving address now and tried to get it settled very quickly.

[loaiuk]

your best bet is to read some ofthe threads here.

 

typically it will be in your favour to force the issue by writing and admitting the offence and getting it sorted out of court before hand

 

in a word grovel!

 

dx

 

 

How can i write to them? I don't have any reference number or letter from them yet

 

it happened yesterday

[Old-CodJA]

How can i write to them? I don't have any reference number or letter from them yet

 

it happened yesterday

 

You know where you were travelling to and from.

 

You know where you were when you were interviewd

 

You know what time you were stopped and whether it was a man or a woman who interviewed you.

 

Contact the rail company customer services department and ask for the details of the prosecutors office, then write to them

[ashmk]

Busted !!

[hsuffyan]

You know where you were travelling to and from.

 

You know where you were when you were interviewd

 

You know what time you were stopped and whether it was a man or a woman who interviewed you.

 

Contact the rail company customer services department and ask for the details of the prosecutors office, then write to them

 

I've been reading some of your posts in this sub-forum for a few days, and find that your underlying tone is rather spiteful.

 

Is it not common sense to provide the passenger with necessary contact details and some form of reference number where they can take this matter further. That is the BARE minimum that a Train Operator and their staff/agents should undertake when issuing penalty fares, otherwise does this not hinder the passengers ability to resolve the matter with the Train Operator in a timely and cost effective manner.

 

I would suggest rethinking the way you structure and word your comments if you are truely trying to offer advice to the forum members, rather than coming across as vengeful and causing more alarm and distress.

[Old-CodJA]

I've been reading some of your posts in this sub-forum for a few days, and find that your underlying tone is rather spiteful.

 

Is it not common sense to provide the passenger with necessary contact details and some form of reference number where they can take this matter further. That is the BARE minimum that a Train Operator and their staff/agents should undertake when issuing penalty fares, otherwise does this not hinder the passengers ability to resolve the matter with the Train Operator in a timely and cost effective manner.

 

I would suggest rethinking the way you structure and word your comments if you are truely trying to offer advice to the forum members, rather than coming across as vengeful and causing more alarm and distress.

 

Dear hsuffyan, thank you for your comments.

 

It is clear from your other post on this forum that you have issues with FCC (and perhaps other TOCs) that have nothing to do with the subject of these threads.

 

Of course, if you had really read and understood my most recent posts you might have understood a little about how much help is actually offered, but the fact is that the spiteful & vengeful comments are yours in having a swipe at me for trying to help others. This isn't surprising I guess because it is probably in reaction to the lack of support compared to what you were expecting for the whinge about being caught yourself

 

Perhaps you should have read the Penalty Fare Notice that you were issued. You would have found that the 'BARE minimum' of contact details are printed on it, as in every similar case. There are in fact, FULL details of how to pay or appeal and where & how to do so and when it should be done by.

 

You quote poor performance records that are two years old and expect us to agree with you that these provide some kind of defence for not holding a valid ticket or, that they provide justification for failing to comply with existing legislation in 2010. I am sorry to disappoint you.

 

My comments are structured in the light of 30 years experience in railways revenue protection and prosecutions and are freely given in the genuinely held belief that reading an accurate explanation of the prevailing legislation, will help the reader to determine what they should do in responding to their individual case.

 

No-one demands that any of this advice is accepted without question.

 

I would encourage you to please pursue your own interpretation if you prefer to do so.

 

 

.

Edited March 10, 2010 by Old-CodJA

[dx100uk]

urm.

we can all be like that...

 

the problem lies with, whichever way you wrap-it-up or put up excuses to 'mask' the nature of the offence, most of the people on here [and i am not pointing...] ARE trying to get off lightly after being caught doing something illegal and now are panicking [and rightly so] when they find out it results in a criminal record.

 

i also doubt very much half the stories we hear too.... oh it was my first time..

 

i should think all the officers on here get it 1000's times a year.

 

dx

[Old-CodJA]

urm.

we can all be like that...

 

the problem lies with, whichever way you wrap-it-up or put up excuses to 'mask' the nature of the offence, most of the people on here [and i am not pointing...] ARE trying to get off lightly after being caught doing something illegal and now are panicking [and rightly so] when they find out it results in a criminal record.

 

i also doubt very much half the stories we hear too.... oh it was my first time..

 

i should think all the officers on here get it 1000's times a year.

 

dx

 

I agree and that is why I am more than happy to explain what the legislation says and what charges they might be facing.

 

If it means that by understanding the likely charges better that they find a strong enough argument to negate the prosecution or manage to get the TOC to agree an administrative settlement, then good luck to them

 

It will not alter my view of right and wrong, but I never lose sleep if someone manages to get away with one now and then

 

.

[SRPO]

I've been reading some of your posts in this sub-forum for a few days, and find that your underlying tone is rather spiteful.......I would suggest rethinking the way you structure and word your comments if you are truely trying to offer advice to the forum members, rather than coming across as vengeful and causing more alarm and distress.

 

Good job I didnt reply to their thread!

[hsuffyan]

Good job I didnt reply to their thread!

 

Lol, I'm not trying to justify the OP or condone their actions. Just that if someone does ask for advice on a forum, that is based on consumer rights and consumer protection, I dont think any member who is well versed on the subject matter should be using their knowledge to belittle the forum users. Yes opinions can be expressed freely, but the way some of the posts are written is just bad form. Given that this person has 30years of experience in the Rail industry, goes to show how little they value politeness and common courtesy. If someone spoke to me like that face to face, god help them

[Old-CodJA]

I dont think any member who is well versed on the subject matter should be using their knowledge to belittle the forum users. Yes opinions can be expressed freely, but the way some of the posts are written is just bad form. Given that this person has 30years of experience in the Rail industry, goes to show how little they value politeness and common courtesy. If someone spoke to me like that face to face, god help them

 

Hsuffyan, I have recently taken a leaf out of the book of other experienced users on this forum and have stopped 'pussyfooting' around looking for excuses when replying to questions asked.

 

If telling someone straight what the score is counts as rudeness in your book then I make no apology for having hurt your sensitivities however, I have to ask, who was it that accused me of being 'spiteful and vengeful' just for expressing an honestly held opinion?

 

Like all web forums, there can be no emotion or inflection gained from reading the written word. Unlike some, at no point have I attempted to belittle others

 

Dressing up your final little comment with a comic smiley;) changes nothing for me, but I will thank you for saving me an enormous amount of time in the future.

[SRPO]

hsuffyan,

 

Old-CodJA has helped out dozens of people on this forum, he doesnt have to contribute or advise anyone but does so from the 'goodness of his heart'.

I think you will find that there are a number of people who without his help would be paying large fines and have criminal records.

He is also very polite, unlike myself, I prefer to be blunt and to the point. I dont really post on here anymore because of people like you who have an axe to grind and are only interested in ways to avoid their obligations.

I'll make it very simple for you:

ITS YOUR RESPONSIBILITY TO ENSURE YOU HOLD A VALID TICKET FOR YOUR ENTIRE JOURNEY.

Failure to comply may result in a Penalty Fare or prosecution, its upto the inspector which route he takes.

Now you can do 1 of 2 things, either appeal the PF notice or learn from it & ensure you pay the fare before travelling next time.

[RPI]

I've been reading some of your posts in this sub-forum for a few days, and find that your underlying tone is rather spiteful.

 

Is it not common sense to provide the passenger with necessary contact details and some form of reference number where they can take this matter further. That is the BARE minimum that a Train Operator and their staff/agents should undertake when issuing penalty fares, otherwise does this not hinder the passengers ability to resolve the matter with the Train Operator in a timely and cost effective manner.

 

I would suggest rethinking the way you structure and word your comments if you are truely trying to offer advice to the forum members, rather than coming across as vengeful and causing more alarm and distress.

Simple way to not get a penalty fare = buy a ticket! Don't like FCC? go by bus! don't like OC's comments on here then don't bother being on this forum!

[perplexity]

The offence here is not just the use of the wrong pass to travel.

 

I see no way to construe that it is honest to keep a Freedom Pass belonging to somebody else, and fail to hand it in for three days. It is a matter of common sense that if you were searched by the Police in the mean time, for whatever reason, and they found the pass it would be treated as suspicious, whether you used it or not.

 

It makes about as much sense as walking around with a live hand grenade in your pocket.

 

[hsuffyan]

Simple way to not get a penalty fare = buy a ticket! Don't like FCC? go by bus! don't like OC's comments on here then don't bother being on this forum!

 

I never condoned the OP's actions one single bit. But if his/her story is true, specifically relating to the point about no details being given to the person by the Inspector that it is not unreasonable to consider that unfair. Imagine getting a parking ticket, but not having any details of who issued it, what to do next, how to resolve the matter, who to speak to. Not exactly helpful is it?

[Old-CodJA]

Every Penalty Fare Notice is individually numbered and the pads are signed out to an individually numbered authorised person.

 

The issuer should identify him or herself and it is acceptable to do so only by authorised person number on the printed notice issued. It is also permitted for a member of staff to call him/herself anything they like provided that the name is agreed and recorded as acceptable identity by the rail company concerned.

 

All of the information to appeal by contacting the TOC, DLR or LUL is printed on the notice handed to the traveller.

 

Contacting the rail company and quoting the unique number printed on it will identify the issuer.

 

 

.

[loaiuk]

By the still waiting for letter from them.

 

i was reading it in a newspaper that someone received letter after one year.

 

Now i moved to different address.

[danisimo]

I have the same problem...I was caught 3 weeks ago.

can you post a reply to this thread when you receive something from them? PLEASE? ...and also let me know how much you have to pay and the conditions (ex: if you pay in 21 days, the fee is reduced...any information that you receive).

PLEASE AGAIN !!! let me know when you receive something, because I'm really scared !!!

[dx100uk]

I have the same problem...I was caught 3 weeks ago.

can you post a reply to this thread when you receive something from them? PLEASE? ...and also let me know how much you have to pay and the conditions (ex: if you pay in 21 days, the fee is reduced...any information that you receive).

PLEASE AGAIN !!! let me know when you receive something, because I'm really scared !!!

 

you need to start your own thread.

 

just follow the advice on the other threads too.

 

dx

[loaiuk]

UPDATE:

 

I was send a letter from Prosecution Manager three weeks ago but got it today.

 

this is what written there::

 

" On 08/03/2010 an incident took place canning town station whereby you were spoken to by a member of London Underground staff regarding your train journey and the associated fare.

 

The fact of this incident are now being considered and i must advise you that legal proceeciding may be initiated against you regarding this matter in accordance with LU prosecution policy.

 

If you have any comment to make regarding this incident please write them on the reverse side of this letter and return the whole letter within 10 days"

 

well it's almost three weeks now. What will i do? I received the letter today

[SRPO]

Respond and tell them you have only just received it.