Caught using someone else's Freedom pass, convicted - leave to appeal granted

[Grotesque]

That is mitigating circumstances, I was intimated and lied to which made me agree to everything.

 

Just to clarify, what did it make you agree to? That you were in possession of, and travelling on, a ticket you weren't entitled to?

[honeybee13]

That is mitigating circumstances, I was intimated and lied to which made me agree to everything.

 

I'm not sure it is, sorry. You used the pass, did you admit to something else you didn't do?

 

I'd be surprised if the RPI's behaviour in your case is relevant. Mitigation is something in your life that led you to do this, for instance. I can't think of anything offhand though.

 

HB

[iambilly]

Just to clarify, what did it make you agree to? That you were in possession of, and travelling on, a ticket you weren't entitled to?

 

It made me agree that I was using on purpose not by mistake

[sallypotter]

Well can your barrister friend go with you then?

 

If he can it might be a good idea.

 

I assumed he wasn't going as you hadn't said he was and would have mentioned it before i mentioned him going with you.

 

Mitigating circumstances are along the lines of that you have poor eyesight and picked up your sister's pass by mistake instead of your pass and hadn't realised.

 

You can't blame the ticket inspector for what he did.

 

You used the pass you shouldn't have.

 

You must stop putting the blame on others for your actions.

[sallypotter]

ok it was a mistake, then why was it a mistake?

[purplemoni95]

Plead guilty, tell the truth, be remorseful, cry a bit (say a little prayer if that's your thing).Perhaps you will not get a criminal conviction, perhaps you will be issued with a warning or some community service or something - then when that is over isn't it considered conviction spent?Don't "do" anything else illegal or remotely illegal and you will be okay. You would have been better off not buying a ticket at all and getting an on the spot fine. I don't know what possessed you, perhaps you were drunk or under the influence of something.Seriously though, it's a pretty daft thing to do, especially for a £4 fare! I get the train to work each day which costs me £20, sometimes the ticket inspectors don't get on the train which annoys me - but then I think I am doing the right thing by buying a ticket and just hope that everyone else on the train is doing the same.You can't judge yourself by other people's standards the majority of "chavs" and citizens chose not to go out last summer and riot. What you did was wrong, you knew it was wrong, you still did it. I wish I could rustle up £1000 out of nowhere when my rent needs paying or something.You need to see this through now to the end. I hope you just get a fine and I hope it is a lesson learnt and that you can share how awful it's been with anyone else you think would contemplate doing the same thing.Good luck.

[iambilly]

I don't know if he can he will be on holiday pretty soon.

 

I will try to get him to come.

 

I could have picked it up by mistake or had it in my pocket returning it to my sister as she may have left it somewhere.

 

I need to avoid the blame and the criminal record otherwise I might as well plead guilty and not be asking for help here.

[Grotesque]

Mitigating circumstances are along the lines of that you have poor eyesight and picked up your sister's pass by mistake instead of your pass and hadn't realised.

 

...careful! Might be giving hime ideas

[BazzaS]

It made me agree that I was using on purpose not by mistake

 

You used it between 5 and 10 times, over a protracted period, by mistake?.

 

Or you weren't using it by mistake, but now wish you'd said you'd used it once, and only by mistake?

 

Sorry if you think I'm focusing on little unimportant lies.

It is being caught out on the little unimportant lies that often leads to the big important lies being revealed.

 

I'd recommend not lying in court : the reception you have had here will be nothing compared with what will happen if you get caught lying under oath.

 

You say you want support and advice. Advice: don't lie to the people here. Support ; you've had that, although I suspect you won't view it as support until you are being told only what you want to hear.

[Grotesque]

Plead guilty, tell the truth, be remorseful, cry a bit (say a little prayer if that's your thing).Perhaps you will not get a criminal conviction, perhaps you will be issued with a warning or some community service or something - then when that is over isn't it considered conviction spent?Don't "do" anything else illegal or remotely illegal and you will be okay. You would have been better off not buying a ticket at all and getting an on the spot fine. I don't know what possessed you, perhaps you were drunk or under the influence of something.Seriously though, it's a pretty daft thing to do, especially for a £4 fare! I get the train to work each day which costs me £20, sometimes the ticket inspectors don't get on the train which annoys me - but then I think I am doing the right thing by buying a ticket and just hope that everyone else on the train is doing the same.You can't judge yourself by other people's standards the majority of "chavs" and citizens chose not to go out last summer and riot. What you did was wrong, you knew it was wrong, you still did it. I wish I could rustle up £1000 out of nowhere when my rent needs paying or something.You need to see this through now to the end. I hope you just get a fine and I hope it is a lesson learnt and that you can share how awful it's been with anyone else you think would contemplate doing the same thing.Good luck.

 

Iambilly, can I recommend ignoring this advice?

[iambilly]

I would plead guilty and show remorse if I though there was any chance of getting away without a criminal record. I will happily pay double the fine and do lots of community service instead. But I don't think they will allow me to plea like that to be honest.

 

Even a spent conviction still comes up if I want to work with children, which I do.

 

Thanks for the advice it was the single biggest mistake of my life and it doesn't look good for me

[iambilly]

Iambilly, can I recommend ignoring this advice?

 

Why? Will it definitely not work?

 

What should I do instead?

[Grotesque]

I might as well plead guilty and not be asking for help here.

 

Spot on!!! lol

 

Good luck.

[BazzaS]

I would plead guilty and show remorse if I though there was any chance of getting away without a criminal record. I will happily pay double the fine and do lots of community service instead. But I don't think they will allow me to plea like that to be honest.

 

Even a spent conviction still comes up if I want to work with children, which I do.

 

Thanks for the advice it was the single biggest mistake of my life and it doesn't look good for me

 

Which of the 5 to 10 times was the single biggest mistake?

Or was it being caught which was the single biggest mistake?

[Grotesque]

Why? Will it definitely not work?

 

What should I do instead?

 

Only because it was advice not given from experience but assumption, that's all.

[iambilly]

Yeah I wish I had only said I used it once, but I can say the guy made me say I used it more and not by mistake because he lied and was intimidating.

 

I am truly grateful for the advice and help I have got on here I hope it helps

[Old-CodJA]

It is clear that you used a Freedom Pass that you were not entitled to use on a number of different occasions.

 

It seems that you will be charged with the offence of fare evasion, and this should be evidenced by the actual pass which, bears a true likeness photograph of the only person who is entitled to use it and which will have been confiscated and submitted with the inspectors' statement. These will be produced in Court.

 

The Magistrates will be asked to consider the facts of the offence as alleged by the prosecution. You were found to be using someone elses's Freedom Pass, paid for by public funds for the sole use of a person in need and you did so in order to not pay your correct fare.

 

You may say 'The inspector lied to me when he caught me, he said that nothing would happen'

 

The Magistrates will have to consider 'Even if that were true, does that alter the fact that you committed the offence that you have been charged with?'

 

The answer is 'No'

[iambilly]

Oh right thanks yeah I wish someone with good experience could suggest help

[sallypotter]

I have to go now, but make sure you post back friday if that's when you go to court to let us know how you got on.

 

Before that post back tomorrow and let us know how you get on with your barrister friend.

[iambilly]

Yeah but what it the alternative to just admitting I did it all.

 

I may as well give it ago trying to get out of the criminal record.

 

The ticket inspector intimidated me and made me say I had used it on purpose. They cannot prove the other times if I used it

[Grotesque]

Post # 92, for instance...?

[iambilly]

Thanks for all the help I have to go now as well to meet my barrister friend.

 

I will post a let you know how that goes tonight or tomorrow morning.

 

I have to send my plead in tomorrow morning as well and I am in court on Thursday

 

Thanks again everyone!

[Old-CodJA]

Oh right thanks yeah I wish someone with good experience could suggest help

 

What are you expecting? We are not here to condone the fraudulent misuse of passes paid for by public money in order to avoid payment of fares.

 

We can help you to recognise what you have to face up to and how to mitigate the likely effects, but the first thing that you have to do is recognise that you cannot do that by constantly blaming others.

 

It was you who tried to avoid the fare and got caught and no amount of filibustering is going to alter that fact.

[honeybee13]

Oh right thanks yeah I wish someone with good experience could suggest help

 

Old-CodJA is a senior prosecutor with over 30 years' experience, does that qualify? Sorry OC if I've underquoted the number of years.

 

I'll be interested to hear what your barrister friend thinks, because I don't think you can claim that premeditated use of a Freedom Pass on 5 to 10 occasions is an oversight. You've told us you did it to save money, what are you thinking of saying if you're asked questions about that under oath?

 

My best, HB

[sailor sam]

My sister is 17, not sure how that helps

 

Just trying to figure out her entitlement to a freedom pass.... thought it was for the over 60's or disabled?