Caught using a freedom pass on TFL

[Hemmel]

Hi guys,

Just looking for some friendly advice.

I was caught using the mothers freedom pass back on a Saturday in November on the TFL and 2 undercover TFL officers stopped me, advised I would get a letter through the post and took her card off me etc (big mistake which I absolutely regret). I received the letter a few days later, to which I promptly replied via email the day I received it (the email response was a suggestion of theirs). I have attached the letter and my email response as well as their email acknowledgement for your reference.

I done a little reading on here before and spoke to a few people and the advice was not to make any excuses or anything, just admit you made a mistake and plead guilty to doing it, to which I did.
I replied to their letter via email in November, and I am yet to receive any correspondence via email or letter from them, it is around 6 months later now.

I called a number to try and get an update, but this was a number for people already summoned to court (done this around March time) and they texted me another number to call for updates. This number is not in use and when you call it just says "sorry this number is not taking calls right now" due to it being busy or something, it was defo a TFL recorded line.

Obviously I am worried as I don't want to get a criminal conviction, I absolutely want to cooperate and get this sorted ASAP. The issue is, I have not received anything? Is this length of time normal?

I was looking for some advice on what you guys would do. Should I email back the email address that confirmed receipt of my email and ask for an update or leave it and wait for the letter/them to reach out? I am worried they have tried to send a letter and it has got lost in the post, and then all of a sudden I get another letter summoning me to court for not replying to the letters (happened to my mate with an oyster incident about 10 years ago). I check the post every day and I have 1000% not had a letter. The initial letter came through no issues as well, but I know there has been a few issues with Royal Mail in the UK.

I have absolutely no idea what to do. I made a mistake and I just which to get this sorted and carry on with my life.

Any helps is appreciated.

Thanks

 

[Fawkes Cat]

Welcome to the forum!

I don't think it can do any harm to drop them an email to enquire whether there's been any further action.

That's because the incident was on 12 November: that's more than six months ago, and if TfL were planning to prosecute you under the byelaws, my understanding is that they should have told the courts within six months of the incident. The court then needs to get in touch with you so it may be a bit over six months before you hear, but the six month limit is for TfL to tell the court.

So if they have told the court in time and the letter to you has got lost, they can send a duplicate. If they told the court only just in time, the letter to you might still be on its way. If they haven't told the court in time, they're too late. So I think you have nothing to lose by checking up now.

 

[Hemmel]

Welcome to the forum!

I don't think it can do any harm to drop them an email to enquire whether there's been any further action.

That's because the incident was on 12 November: that's more than six months ago, and if TfL were planning to prosecute you under the byelaws, my understanding is that they should have told the courts within six months of the incident. The court then needs to get in touch with you so it may be a bit over six months before you hear, but the six month limit is for TfL to tell the court.

So if they have told the court in time and the letter to you has got lost, they can send a duplicate. If they told the court only just in time, the letter to you might still be on its way. If they haven't told the court in time, they're too late. So I think you have nothing to lose by checking up now.

Thank you so much for your prompt response!

Would the only law I would be prosecuted under be the byelaws? I have heard of this term before but I am not fully aware of its full meaning.
I know someone who is a magistrate and has dealt with lots of these incidents and he is confident all they will do is send me a fine with victim surcharge etc because I have pleaded guilty there is no need to take me to court over it. If you give extenuating circumstances, then you have to go to court to discuss it etc.

Any help is appreciated.

 

[30907]

Thank you so much for your prompt response!

Would the only law I would be prosecuted under be the byelaws? I have heard of this term before but I am not fully aware of its full meaning.
I know someone who is a magistrate and has dealt with lots of these incidents and he is confident all they will do is send me a fine with victim surcharge etc because I have pleaded guilty there is no need to take me to court over it. If you give extenuating circumstances, then you have to go to court to discuss it etc.

Byelaws are laws that do not apply everywhere (the word means "town laws') but only in certain places (in this case, TfL premises, obviously). There is a time limit for starting a prosecution under these laws.

Yes, if you are prosecuted and found guilty, you will be fined (etc) but there still needs to be a letter notifying you that you are being prosecuted, and giving you a chance to plead guilty or not. Admitting to TfL that you committed the offence is not the same thing as pleading guilty before a court (even by letter).

 

[Hemmel]

Byelaws are laws that do not apply everywhere (the word means "town laws') but only in certain places (in this case, TfL premises, obviously). There is a time limit for starting a prosecution under these laws.

Yes, if you are prosecuted and found guilty, you will be fined (etc) but there still needs to be a letter notifying you that you are being prosecuted, and giving youva chance to plead guilty or not. Admitting to TfL that you committed the offence is not the same thing as pleading guilty before a court (even by letter).

Okay thank you. So are all TFL incidents classed as byelaw prosecutions? So this is what i will be fined/ prosecuted under?


I understand. I just want it resolved so I dont have to think about it anymore. There is also a chance I could get a criminal conviction right? I have read a few times on here where that was mentioned.


Thans for your help!

 

[AlterEgo]

Okay thank you. So are all TFL incidents classed as byelaw prosecutions? So this is what i will be fined/ prosecuted under?


I understand. I just want it resolved so I dont have to think about it anymore. There is also a chance I could get a criminal conviction right? I have read a few times on here where that was mentioned.


Thans for your help!

A bylaw conviction is a criminal conviction, you’ve committed a criminal offence.

 

[Krokodil]

Thank you so much for your prompt response!

Would the only law I would be prosecuted under be the byelaws? I have heard of this term before but I am not fully aware of its full meaning.
I know someone who is a magistrate and has dealt with lots of these incidents and he is confident all they will do is send me a fine with victim surcharge etc because I have pleaded guilty there is no need to take me to court over it. If you give extenuating circumstances, then you have to go to court to discuss it etc.

Any help is appreciated.

In theory they could go as far as prosecuting for "fraud by misrepresentation" if they choose, but that would be unusual.

Offences committed under byelaws are still criminal offences.