Will I get a criminal record?

[Kaya]

I've been sent a postal requisition for to attend court and answer to a TFL fare evasion I committed a few months ago. Everywhere I've looked online, mostly solicitors websites, say if i plead guilty I could be given a criminal record, fined, and sent to prison. This is naturally scaring me.

However there's a point in the requisite that says "if you plead guilty in person and are found guilty of any of the offences with which you have been charged you can, before any sentence is passed, admit all or any of the matters attached in this schedule and ask the court to take them into consideration. To benefit from not being prosecuted for each of these offences, YOU MUST ATTEND COURT IN PERSON TO CONFIRM THAT YOU DO NOT WANT TO BE PROSECUTED FOR THOSE OFFENCES AND THAT YOU WERE THE PERSON THAT MADE THOSE JOURNEYS."

Following a form for me to sign guilty or not guilty.

My main question is, will pleading guilty affect the rest of my life with a criminal record? Is there a possibility to settle out of court? Will I be able to teach and travel etc.

Thanks.

 

[Haywain]

I've been sent a postal requisition for to attend court and answer to a TFL fare evasion I committed a few months ago. Everywhere I've looked online, mostly solicitors websites, say if i plead guilty I could be given a criminal record, fined, and sent to prison. This is naturally scaring me.

However there's a point in the requisite that says "if you plead guilty in person and are found guilty of any of the offences with which you have been charged you can, before any sentence is passed, admit all or any of the matters attached in this schedule and ask the court to take them into consideration. To benefit from not being prosecuted for each of these offences, YOU MUST ATTEND COURT IN PERSON TO CONFIRM THAT YOU DO NOT WANT TO BE PROSECUTED FOR THOSE OFFENCES AND THAT YOU WERE THE PERSON THAT MADE THOSE JOURNEYS."

Following a form for me to sign guilty or not guilty.

My main question is, will pleading guilty affect the rest of my life with a criminal record? Is there a possibility to settle out of court? Will I be able to teach and travel etc.

Thanks.

The bad news is that TfL are not noted for settling out of court but to give better advice it would be helpful if you can state which offence you have been charged with. It would also be helpful to know if more than one offence is alleged. On the plus side, unless you are a repeat offender you are highly unlikely to go to prison.

 

[Kaya]

The bad news is that TfL are not noted for settling out of court but to give better advice it would be helpful if you can state which offence you have been charged with. It would also be helpful to know if more than one offence is alleged. On the plus side, unless you are a repeat offender you are highly unlikely to go to prison.

This is going to sound crazy, but I was using my mums freedom pass for a few months without even realising. I didn't even check inside the wallet that has her card in it, nor did I look at the screens whenever I tapped in to see how much I was paying. I have a monthly pass so I never usually check. I committed a total of 58 OFFENCES (I nearly fainted when I saw that) and that I missed paying £182 in TFL fares. In my statement, I'm not going to bother telling them about the lack of foresite. I think I should just accept what they do, ask if I can settle out of court or pay an extra fine to avoid a permanent record, and hope for the best.

 

[AlterEgo]

TfL are not likely to settle for an offence like that. I recommend you don’t use that defence in court either.

Do they specify exactly which law they are prosecuting you under? If you can tell us, it will help us to give you the best possible advice.

 

[Kaya]

TfL are not likely to settle for an offence like that. I recommend you don’t use that defence in court either.

Do they specify exactly which law they are prosecuting you under? If you can tell us, it will help us to give you the best possible advice.

I agree, that defence sounds ridiculous at best. On the letter it says "Criminal procdure rules r 27.1; Criminal Justice act 1967, s.9 Magistrates court act 1980 S.5b." Also it says somewhere "Contrary to bylaw 17(1) of the Transport of 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."

Does that help at all?

 

[skyhigh]

First of all, you won't be going to prison unless there's something major you haven't mentioned.

This is going to sound crazy, but I was using my mums freedom pass for a few months without even realising. I didn't even check inside the wallet that has her card in it, nor did I look at the screens whenever I tapped in to see how much I was paying. I have a monthly pass so I never usually check. I committed a total of 58 OFFENCES (I nearly fainted when I saw that) and that I missed paying £182 in TFL fares. In my statement, I'm not going to bother telling them about the lack of foresite. I think I should just accept what they do, ask if I can settle out of court or pay an extra fine to avoid a permanent record, and hope for the best.

Did you have a valid monthly pass for the months you were using the wrong card?

Surely if you had a monthly pass you wouldn't see how much you were paying when you tapped in, as you already had a ticket?

If you hadn't bought a monthly travelcard for several months yet were still travelling for no apparent cost, it would be pretty hard for anyone to believe you had no idea you were using the wrong pass.

 

[Kaya]

Yep, I had a valid monthly pass which ironically was barely used. I just didn't pay attention to what the electronic signs on the barriers were saying whenever I rushed in and out of a station. and I noticed on the officer's statement that he wrote I had no other valid form of transport to show. When I actually did have my bank card that I could have tapped in with. I also offered to pay for the fare there and then!

But I feel like all of this doesn't really mean much in the eyes of the law so I've already made peace with the fact that I am going to be punished. But I am just really worried about how this punishment will impact the rest of my life.

 

[Fawkes Cat]

On the letter it says "Criminal procdure rules r 27.1; Criminal Justice act 1967, s.9 Magistrates court act 1980 S.5b." Also it says somewhere "Contrary to bylaw 17(1) of the Transport of 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."

What this means is that you are being prosecuted under the bylaws. I am not familiar with the TfL bylaws, but it's certainly the case that their equivalent for the surface railway cannot lead to imprisonment, so I think that it's more likely than not that the TfL bylaws cannot lead to you going to prison. I hope that this is some comfort.

What impact will conviction under this have on your future life? To start with the obvious, you will need to pay the fine, plus costs, plus court fees, plus compensation to TfL. Somewhere (probably in the bylaws themselves) it will say how much the fine will be: on the surface railway the fine tends to be something like half a week's income and costs will be a few hundreds of pounds.

After that, you may be required to tell some people about your conviction. For many purposes, this requirement will last a year or less, but there are some things (some job applications, working as a volunteer, applying for training as a doctor or teacher or nurse - things like that) where you may have to mention it for ever. These are generally roles where you are in a position of trust - which might mean things like being trusted with other people's money (so handling cash, or being an accountant) or where you might have power or influence over people (things like being a teacher or a doctor or a nurse or a care assistant). Importantly, if an employer (or similar) have the right to ask they will explain this and explain why the Rehabilitation of Offenders Act 1974 allows them to ask, so you don't have to guess who you need to tell.

Even if an employer (or similar) has the right to know about convictions, that doesn't automatically mean that they won't take you on. It does mean that they will need to make a judgement about whether you made a mistake and you won't make the same mistake again, or whether you're someone that they want nothing to do with - but there are very few things that a conviction for not paying your fare will block you from for ever.

So overall, a conviction will be a nuisance: it might close a few doors, and there may be some other doors that you will need to push at a bit harder to get them to open. But on the basis of what you have told us, you have made a mistake. It's potentially a criminal mistake, but not all crimes are equal, and you will not be treated as if you're a burglar or a murderer.

 

[Kaya]

Thanks for all of that information. I'm not going to lie, it is scary to think about opportunities being closed to me. All I can do is ask for some mercy.

 

[Watershed]

If you had paid for a valid season/Travelcsrd, but simply never had it on you, it may be worthwhile bringing this to TfL's attention.

Whilst TfL are entitled to prosecute you for not having a valid ticket on you, if your Oyster history backs up your account, it's more likely they would be amenable to settling out of Court or (if you're very lucky) dropping the case entirely. Note - the journey history stored on the card shows the last 8 journeys, regardless of date, so use a different card when travelling to prevent this from being overwritten!

And even if they persist in bringing it to Court and you are found (or plead) guilty, it would certainly count as mitigation when it comes to sentencing. This means your fine may be lower and you might even be given an absolute discharge (meaning you are guilty but there is no fine or other penalty). It would certainly reduce the compensation you're ordered to pay TfL (as this is purely to reimburse them for their losses).

 

[Kaya]

I got caught with the freedom pass in July, so the information on my own oystercard has most definitely been overwritten since then. I'm a bit stumped as to why "failure to produce a valid ticket" was put there when I am so sure I had another card that I could have used, and I told the officer that too! I'm sure of it. I know for a fact I offered to pay the fare then and there. But in the statement, I said "this is the first time I have used the freedom pass" and now there's evidence of me using it multiple times. I think regardless of my knowledge about using another person's card, it won't look good in court.

 

[Master29]

If you had paid for a valid season/Travelcsrd, but simply never had it on you, it may be worthwhile bringing this to TfL's attention.

Whilst TfL are entitled to prosecute you for not having a valid ticket on you, if your Oyster history backs up your account, it's more likely they would be amenable to settling out of Court or (if you're very lucky) dropping the case entirely. Note - the journey history stored on the card shows the last 8 journeys, regardless of date, so use a different card when travelling to prevent this from being overwritten!

And even if they persist in bringing it to Court and you are found (or plead) guilty, it would certainly count as mitigation when it comes to sentencing. This means your fine may be lower and you might even be given an absolute discharge (meaning you are guilty but there is no fine or other penalty). It would certainly reduce the compensation you're ordered to pay TfL (as this is purely to reimburse them for their losses).

I'm not doubting the OP's word but Tfl may think someone else would be using the travelcard. Using this once or twice you could understand but 56 times! I`m just saying how a court may look at it. Unless monthly Travelcards need a photo of course.

 

[Kaya]

58, actually! This is why I'm not bothering with defending myself, even though it ultimately was a very, very stupid mistake. I'm kicking myself, honestly. I just want to hold my hands up and admit what I did was wrong, regardless of my intent. And hope that the courts punishment won't lead to a life long branding.

 

[miami]

Doesn't the online oyster history have months of journey history? My contactless history goes back a year.

 

[Master29]

58, actually! This is why I'm not bothering with defending myself, even though it ultimately was a very, very stupid mistake. I'm kicking myself, honestly. I just want to hold my hands up and admit what I did was wrong, regardless of my intent. And hope that the courts punishment won't lead to a life long branding.

I think at this point it's best to just wait for advice and not say anything more about whether you think you had a monthly travelcard or not.

 

[Watershed]

I got caught with the freedom pass in July, so the information on my own oystercard has most definitely been overwritten since then. I'm a bit stumped as to why "failure to produce a valid ticket" was put there when I am so sure I had another card that I could have used, and I told the officer that too! I'm sure of it. I know for a fact I offered to pay the fare then and there. But in the statement, I said "this is the first time I have used the freedom pass" and now there's evidence of me using it multiple times. I think regardless of my knowledge about using another person's card, it won't look good in court.

In that case, unless you have your Oyster history activated (so that you receive weekly emails about your Oyster journeys) you are likely to be stuck. TfL do not keep Oyster journeys on their systems for longer than 8 weeks, unless you were already under investigation.

This is very unfortunate because, in the circumstances, your defence doesn't sound very credible unless you have the evidence to back it up.

 

[island]

Did you have a valid Travelcard season ticket, on you, on every occasion mentioned in the summons?

(yes/no)

 

[Kaya]

Nope.

 

[Watershed]

Nope.

So you bought a Travelcard every month by going to an Oyster ticket machine or ticket stop, but then always left that Oyster card at home?

Or did you buy it online and then never collect it?