TFL Fare Evasion - Due in Court - HELP!!!

Kansas123

Hi there,

Earlier this year, I used my wife's Freedom Pass. I was stopped at Oxford Circus Station by a Revenue Control Inspector. He asked to see my pass, and I showed him my wife's pass. I admitted to using the pass for a few days and told him my wife did not know I was using the pass.

I was told that I would have to pay a fine and that I would not receive a criminal record.

Later in May, I submitted a form which outlined the mitigating circumstances of my case, namely, my wife's pass is in the same coloured wallet as my own, and I made a genuine mistake. I also submitted my own pass which showed some regular use (I also drive to work in Central London).

To my absolute shock, I have been summoned to court. I have to complete a means assessment, and I have the option to either;

1) Plead guilty, and not turn up to court
2) Plead guilty and go to court
3) Plead not guilty and provide witnesses.

On the bottom of the first page of the summons its written, 'If you are convicted, the court will be asked to order you to pay costs in addition to any fine or other penalty imposed. If you plead guilty in writing, the application will be shown below. If you disagree with the application, you should explain why when you write to the court.

On the above date (January 2012), London Underground will be applying for the sum of £120 towards the costs incurred.

Obviously what I did was stupid. But now I'm so worried. If anyone can shed some insight/give some advice, that would be much appreciated. I have never been in trouble with the police before, and have never evaded paying my fare on the Underground before.

1) Will I get a criminal record?
2) If so - how long will it be kept on record?
3) How much of a fine will I have to pay in total?
4) Should I plead guilty?
5) If so - should I go to court.
6) Could I settle out of court?

Many thanks....

Livingthedream

Ok, let' see if I can help with the points (1-6) that you posted;

Points 1-3 - Depends on whether they prosecute you via TfL Byelaws or Railways Act 1889, if it's a byelaw offence then it won't be recordable, if it's a RA1889 then it will end up as a criminal record.

Point 4-5 - I ain't no Lawyer and personally if it gets this far I would consult proper legal advise and not put my defence in the hands of an internet forum.

Point 6 - This might be you best course of action, write to the address on the Intention of prosecution letter asking if you could come to some sort of arrangement to keep this out of court, as TOC/TfL can make more money doing it this way than taking it to court they know it's also in their interest. Whatever you do don't admit guilt, write something on the lines of;

I am writing to express a sincere apology for the situation described in your letter Ref:
I want to assure you that I am feeling deeply ashamed and embarrassed with this situation. I will certainly learn from the experience and will never let it happen again.

I would like to ask you to allow me to make the necessary recompense to your company. I am fearful of the potential consequences for my future employment and I wonder if you would be prepared not to take any further action if I meet all reasonable costs of the matter so far? I would certainly greatly appreciate it.

If you want any more help then try reposting on the CAG Forum this is a specialist forum for helping people with this kinda problem.

Stigy

Can't really add to the sound advice already given by Livingthedream, although I'll chime in nonetheless lol.

I don't see why there was just the option as far as pleading not guilty goes, of pleading not guilty, yet needing witnesses, as it's not a nessesity when pleading not guilty to have witnesses.

To just go in to slightly more detail here, if you're prosecuted using a Regulation of Railways Act 1889 offence (whereby your intent to avoid payment has been reasonably proved), you'll receive a record on the Police National Computer (PNC), as these are recordable offences.

If prosecuted and under TfL Byelaws, then these are non-recordable and will not appear on the PNC. These are the less serious offences and are known as Strict Liability offences, meaning not evidence of any intent to avoid payment need be proved.

The typical cost to you of a conviction of the former offence is a £350 fine (worked on average week's salary), TfL's £120 costs, compensation (ticket price, in this case single fare for the journey I'd imagine) and £15 Victim Surcharge (this goes to the victims of crime charity). So you could be looking at nye on £500, not forgetting the record on the PNC, held indefinitely, but spent in most cases after 5-years I believe?

The typical cost of the latter would be £175 fine (half of average salary), TfL's £120 costs, compensation and £15 Victim Surchage. So in all around £310 give or take. Although non-recordable, you'll still have been convicted of a criminal offence with a Byelaw, so may well have to declare these on an Enhanced CRB check or similar.

All fines are subject to your means though, so it could be better or worse for you. Bear in mind the maximum fine for a Byelaw offence is £1,000. And max penalty for a RRA 1889 offence is 3-months custody and/or £1,000 fine for subsequent offences of the same nature (don't worry though, you'll need to be a hardened fare evader to receive either of these lol).

In a nutshell, both are Criminal matters, heard by Magistrates, but the RRA 1889 is the more serious offence.

newfoundglory

Call up TfL's revenue/prosecutions department and ask to settle out of court. Then you will have to negotiate the "fee" to settle out of court. I suggest no more than a few hundred ££££'s - that way TfL make more out of you then they would out of taking you to court.

When you understand this is all about money - and lets be honest TfL need the money - you are all set.

I hate to be honest - but its probably best to just buy yourself out the situation. Everyone has a price, even TfL.

No matter what you might be told this is simply a revenue exercise.

Stigy

newfoundglory wrote: »

Call up TfL's revenue/prosecutions department and ask to settle out of court. Then you will have to negotiate the "fee" to settle out of court. I suggest no more than a few hundred ££££'s - that way TfL make more out of you then they would out of taking you to court.

When you understand this is all about money - and lets be honest TfL need the money - you are all set.

I hate to be honest - but its probably best to just buy yourself out the situation. Everyone has a price, even TfL.

No matter what you might be told this is simply a revenue exercise.

You'll only be paying on average the same costs incurred at court, so they really don't make massive amounts out of it. Admittedly their costs are a bit inflated though, lol. Trust me, sometimes they dont settle

newfoundglory

TfL will only be getting costs in court (£120), they will be making probably twice that setting out of court and will do less work to get it... or even more if people offer to pay more.

Again, if £250 isn't enough to settle out of court you can bet £500 would be. Everyone has their price! TfL might be a bunch of goons, but money talks. Sad, but the truth.

Livingthedream

newfoundglory wrote: »

Again, if £250 isn't enough to settle out of court you can bet £500 would be. Everyone has their price! TfL might be a bunch of goons, but money talks.

Unfortunately it doesn't quite work that way and it could be see as arrogance on the part of the OP. The OP has already reposted on the CAG forum and it seems it's a RA1889 prosecution ie Fraudulent use of a Freedom pass with the intent to avoid payment of the correct fare.

newfoundglory

Serious, yes. But i'd still put a bet on being about to buy your way out!! Still a private prosecution?

Livingthedream

newfoundglory wrote: »

Serious, yes. But i'd still put a bet on being about to buy your way out!! Still a private prosecution.

Agreed, but only if the OP words the letter correctly, would advise the OP to perhaps draft a copy of his letter to 'Stigy' or 'Old-codja' on the Cag forum to help get the wording right, would offer my services but I always get caught out by the grammar police

hippey

What ever happens be aware that TfL *do* read these forum postings and don't be suprised if they use them in court.....!!!

Anyway, if your are as innocent as you suggest then explain to the magistrates what has happened and let the court decide, I have never known TfL Revenue Protection accept offers of payment for dropping court cases, only normally if a fine was issued and the date passed and for some reason it was missed by you they might accept a late fine payment but this is still rare!

supermanjo

The biggest mistake most of the puplic commit in this country is never remembering to use their lawfully given right to remain silent. TFL have zero power over you. They can not grab you, hold you, do anything to you. You could have simply made your way to the doors, and exited.

I know it's to late for this advice now, so sorry for not helping here. But everyone learns one way or another. Bad thing for you is, you gave way to much information when you didn't have to give anything at all. Simply saying you seem to have lost your pass was enough, infact, that's still to much information. The most, and I mean the MOST they could done you for is boarding without a valid ticket, and simply got a on the spot fine.

I think the reason why you're going to court is because you admitted to using someone elses freedom pass, which in the eyes of TFL, is no different to falsifying a drivers license and getting caught.