Caught using found Freedom Pass ... now what?

[perplexity]

The trouble with the hope of better consideration is the wonder of what sort of consideration the subject is willing to spare for others affected.

 

I use a Freedom Pass and if that were lost and found by a stranger I'd be keen above all else to see what he or she has to say to me about a failure to hand it in immediately.

 

It's a lot of time and trouble to apply for another pass, with a good deal more required to achieve that than to wander along to the Post Office, not to mention the inconvenience of the loss in the mean time.

 

The cost of jailing offenders is also considerable, of course, a lot of time trouble for the rest of us to have to pay for, but there are times when it is difficult to think of a better way to teach a lesson.

 

[loaiuk]

i wrote 2 pages letter to the manager.

 

I said i'm sorry. It was a genuine mistake. I'm just a student and part time worker so don't have enough money to pay the court fees and at the same time i don't want to have a bad record .

 

and i requested them solve the matter out of court.

 

i don't mind paying fines by borrowing from family but still don't want to go court.

[loaiuk]

I received an email from TFL

 

i am in Danger now. I really don't want to go court. But they don't agree out of court settlement. How can i make my case stronger?

 

this is the reply from them

 

"hank you for your email of the 14th June 2010 regarding the incident which took place at a London Underground station, where you were questioned by a Revenue Inspector about your ticket and method of travel.

I am unable to withdraw this case as requested and enter into an out of court settlement as this matter relates to the misuse non transferable Freedom Pass and is in accordance with our prosecution policy.

London Underground will only withdraw prosecution cases in exceptional circumstances and your email regarding this matter does not meet this criteria."

[SRPO]

Once refused it will be very difficult to get them to change their minds, as already said elsewhere, this type of offence is thought by TFL to be very serious.

[loaiuk]

UPDATE:

 

I received a letter from court to attend summon yesterday 9:30am but only received the letter at 11:00am by post. It was delayed. It's send by 1st class but received it after many days. don't know why.

 

in the summon letter it says if i plead guilty will be asked to pay £120 + £3.50

 

what will happen now. Will the court add extra fine because i didn't attend. But it's not fault. I only received the letter yesterday. How can i prove them?

 

what should i do now. PLEASE HELP ME

[Old-CodJA]

UPDATE:

 

I received a letter from court to attend summon yesterday 9:30am but only received the letter at 11:00am by post. It was delayed. It's send by 1st class but received it after many days. don't know why.

 

in the summon letter it says if i plead guilty will be asked to pay £120 + £3.50

 

what will happen now. Will the court add extra fine because i didn't attend. But it's not fault. I only received the letter yesterday. How can i prove them?

 

what should i do now. PLEASE HELP ME

 

Yes, the case will probably have been heard in your absence. There will almost certainly be a fine, court costs, compensation and a victim surcharge imposed on you because you failed to attend

 

You will need to contact the Court immediately and explain your problem

 

They will ask you to make a Statutory Declaration to confirm that you did not know of the Court hearing date until after the Court had begun to try the evidence.

 

If they accept your explanation, they will set aside the judgement that will already have been made and will advise the rail company, who will then have the matter listed again for hearing at a later date.

 

When that date is set do make sure that you reply with a plea or attend the hearing.

[SRPO]

UPDATE:

 

I received a letter from court to attend summon yesterday 9:30am but only received the letter at 11:00am by post. It was delayed. It's send by 1st class but received it after many days. don't know why.

 

in the summon letter it says if i plead guilty will be asked to pay £120 + £3.50

 

what will happen now. Will the court add extra fine because i didn't attend. But it's not fault. I only received the letter yesterday. How can i prove them?

 

what should i do now. PLEASE HELP ME

 

Im afraid I disagree with OC on this one, contact the court & ask for the case to be listed for consideration of re-opening under Section 142 of the Magistrates Courts Act, it means the matter can be sorted normally within a month instead of months if you do a Stat Dec.

[Old-CodJA]

Yes, that is an alternative however, I suggested the statutory declaration route as it voids the original proceedings and requires the prosecutor to decide whether or not to re-issue a Summons.

 

This gives the defendant the time to pursue the option of correspondence asking the prosecution to allow an alternative disposal.

[Wriggler7]

Both routes haved their merits.

 

The important thing is to contact the Court.

 

I have known listing offices to do both, re-opening section 142, interests of justice, and also the Statutory declaration.

 

 

Statutory declarations do have the effect of positively stopping 'enforcement of fines', but from the Courts viewpoint, a quick 're-opening' involves less paperwork.

 

In either event, the case itself is not finished, as the original 'information' laid by the prosecution is still 'live'. The case wiill be heard again.

[Grotesque]

Slightly brusque... but to the point!!

 

TfL would never believe it is HUMANLY possible to make that sort of mistake... and all they will say is that it is YOUR responsibility (i.e., not theirs) to ensure you use/ present the correct ticket to travel.

 

Which, of course, it is.

 

Good luck.

 

Busted !!