TFL - multiple freedom pass misuse - didnt get anything - now have criminal record - can i do anything about it?

[gooner938]

tfl summons to court, misuse of freedom pass. confused with letter - Public transport (Trains, tubes and buses) - Consumer Action Group

Out of interest, when did you receive the first letter from TFL?

[sbrmaixx]

Hi Gooner938,

 

The first letter came the next day

[gooner938]

3 mts Freedom Pass Misuse - **WON OOC and Formal Warning Letter ** - Public transport (Trains, tubes and buses) - Consumer Action Group

Out of interest, when did you get caught and how long did it take for you to get the letter from TFL?

[dx100uk]

Well if the op scans up the letter to pdf as requested we'd know..limit is 6mts if thats your question.

 

Dx

[gooner938]

How do you know it's 6 months? Seems like a very long time

[honeybee13]

Hi gooner.

 

I see you've asked about this twice now. Please start a new topic of your own (click on + or Create in the red strip at the top of this page and we'll advise you. This topic is for advising BlueBulb.

 

HB

[dx100uk]

own thread created.

 

dx

 

[BazzaS]

6 months from date of alleged offence within which to lodge proceedings at the Magistrates Court.

Nothing in law that says they HAVE to get your version of events if they believe they have a slam-dunk case, though they often will write to you.

 

If they ask the Magistrates to summons you to court (asking within the 6 months), that the Mag's may then bring you to court outside of the 6 months doesn't prevent them from proceeding.

[gooner938]

Hello, 

 

Earlier this year I was stopped by a ticket inspector at one of the London Underground stations for using a someone else's freedom pass. The inspector took my details and kindly returned back to me the card only to give it back to the original person. 

 

Weirdly I've never heard back from TFL since that event happened, during that time I was panicking and depressed, I even called TFL customer helpline 30 times asking for advice and what's next, but at the time I never got the letter so I didn't had any reference number at all....

 

8 months later... I received an email from one of the management team from work today saying they received a letter from the London Collection and Compliance,  it said I had to pay a fine of £629 but the letter had no explanation of what the fine was.

 

I suspected it was to do with the incident with the ticket inspector earlier this year, I called London Collection and Compliance and they confirmed it. Funny enough, the letter from the London Collection and Compliance had my home address wrong.. correct street name and post code but the wrong house number...

 

 London Collection and Compliance has now updated my address to be correct, but also suggested me to email the magistrate court and request for a Statutory Declaration because of the wrong address. All this time, I reckon the TFL letters were sent to my neighbours and unfortunately they never gave it to me... 

 

I sent an email to magistrate court requesting for Statutory Declaration with the explanation that I never received any letters and that I would've replied if I had received the letters correctly. I also attached the letter from London Collection and Compliance that shows my home address incorrectly and attached proof of my actual home address.  

 

I even mentioned in my email that I was happy to pay the full amount of the fine for now, mainly for a good gesture but wanting Statutory Declaration to get some refund back in the future if possible, but also included my concerns of getting a criminal record that it may affect my job, future opportunities, going abroad etc...

 

Will I get a criminal record out of this?

 

Today I even did a DBS basic check via the gov website and thankfully nothing came up! 

 

Thanks in advance!

 

 

 

[dx100uk]

if you are fined by a magistrates court yes you will have/get a criminal record

 

you say a this was a freedom pass misue?

 

so you did use the pass and how many times , an SDmight not be a good idea evn though you dint get anything.

 

tell us the story of you using the card fraudulently

 

dx

 

[gooner938]

The letter I got today from London Collection and Compliance didn't say whether I would get a criminal record or not... and it didn't even show in the DBS checker I did today 

 

Yes it was for a freedom pass I stupidly used which I regret... Used it a number of times but didn't tell the inspector how many exactly 

 

The inspector pulled me to one side and searched me, at the time I told them I stupidly had the card for no good reason 

 

How serious is the criminal record?  Will it stop me for doing or getting certain things? 

 

As I never had the opportunity to write to TFL, do you think I could potentially get an OOC instead? 

Edited September 15, 2022 by gooner938

[dx100uk]

if there is a an obvious pattern to the use then i'd shut up, you probably got away lightly, trying to undo this may well result in it turning into a fraud case. there will be no case now AFAIK of ever getting an OOC from TfL.

 

yes it will seriously hurt lots of thing having a criminal record.

 

others will be able to tell you the implications.

 

 

[gooner938]

Do you think it's possible for them to remove the criminal record once I have paid the full fine and considering they got my address wrong? 

 

And even if I did get a criminal record, why didn't it not show up on my DBS today? Sorry for the questions.. I'm just worried 

[dx100uk]

when was this adjudged, might be a good few weeks before it appears.

and might be in enhanced dbs only

 

imho there is no chance of a reversal/removal even if you pay it off which you must do soon anyway else bailiffs time!!

 

dx

 

[gooner938]

@dx100ukWhat's the difference between standard dbs and enhanced dbs?

 

Can you you change the title as it's not confirmed if I have a criminal record 

[dx100uk]

you have a criminal record.

 

its just not got thru to dbs yet?.

 

 

[gooner938]

Hello all,

 

Just an update, I've already paid the fine of £629 as agreed with my employer.

 

After reading the plea form, I was charged with  "Contrary to byelaw 17(1) and 23 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."

 

I'm still deciding whether I would like to proceed with Statutory Declaration, but I'm unsure whether I can possible reverse the conviction? And possibly whether I could get some money back? If so, how much you reckon? 

 

 

[dx100uk]

you still committed the offence(s) .....

[A.student]

Hiya, if possible can you update on your case? And after few months being paid the fine, has anything appear on your DBS check yet? Thank you

Edited December 22, 2022 by dx100uk
unnecessary previous post quote removed