Fare Evasion and giving wrong details(please help)

[nasirjabire]

Good Afternoon,

I was recently caught with one of my relative’s freedom pass last week Saturday by a TfL revenue protection officers at Victoria. Despite only using the pass for 2 days they’re adamant on taking my details instead of giving me a penalty fine. In the moment I fabricated information and gave a completely different name and old address with my actual birthday due to me panicking and now I’m hugely regretting it.

I’m seeing a lot of scary stories of prosecution and was wondering if I could simply just get an out court settlement and worst case a bylaw conviction. I have aspirations of being an accountant and getting convicted on the railway act 1899 would be detrimental and follow me for the rest of my life is there a way of mitigating the consequences of getting convicted.

Some family members have advised me to wait and hope TfL cannot trace me, but I do not feel comfortable relying on that. I would like to know whether obtaining legal representation would improve my chances of achieving a non-criminal outcome, like an out court settlement or byelaw instead of being convicted on the railway act 1899

I’m not sure what to do I just simply want to avoid any type of criminal conviction that’s recordable for giving the wrong details and for fare evasion. I was thinking of going to my old correspondence and getting the letter from TfL and formally apologising.

I would like advise and what immediate action forum members would advise me to do.

 

[jfollows]

Welcome to the forum!

TfL can presumably trace your relative, regardless of what you told them. Do you want them to be chased for what you did?

TfL do not normally settle out of court. There is some evidence that a solicitor can influence this. But in a clear cut case they might not make a difference.

You should at least start by informing TfL of your correct details using the reference number on what you were given at the time. I can’t see any benefit in your not doing so.

I think you have to take responsibilty for your actions and the sanctions that come with these, including a criminal record if that’s what happens. Easy for me to say, but you clearly shouldn’t have done what you did if you don’t want such a record.

 

[Haywain]

Despite only using the pass for 2 days they’re adamant on taking my details instead of giving me a penalty fine.

There is no chance that TfL would ever issue a penalty fare for misuse of a Freedom Pass - that is blatant fare evasion.

 

[nasirjabire]

Welcome to the forum!

TfL can presumably trace your relative, regardless of what you told them. Do you want them to be chased for what you did?

TfL do not normally settle out of court. There is some evidence that a solicitor can influence this. But in a clear cut case they might not make a difference.

You should at least start by informing TfL of your correct details using the reference number on what you were given at the time. I can’t see any benefit in your not doing so.

I think you have to take responsibilty for your actions and the sanctions that come with these, including a criminal record if that’s what happens. Easy for me to say, but you clearly shouldn’t have done what you did if you don’t want such a record.

Absolutely I will take full responsibility if that’s the case. Is there cases or examples where TfL still convict on the railway act instead of any byelaw. I’m hoping in getting a solicitor to atleast come up with a plan.

 

[spotify95]

There is no chance that TfL would ever issue a penalty fare for misuse of a Freedom Pass - that is blatant fare evasion.

Especially since TfL's prosecution policy states that mis-use of any passes is considered a serious offence, and that TfL prefer prosecution.

With regards to the OP, with a completely different name and old address, TfL will prosecute in the person's absence, due to the address being old and a different name. Enforcement action would then take place - whether the courts would be able to track the OP down with an incorrect name, I am unsure.

This probably needs a solicitor, or at the very minimum, contacting TfL to provide correct details.

 

[John R]

I'd agree with the above comment. In particular, this feels uncomfortable:-

Despite only using the pass for 2 days they’re adamant on taking my details instead of giving me a penalty fine

It smacks of indignity that they are throwing the book at you, as you only broke the law twice. Really? Which doesn't strike me as the right mentality for someone who aspires to be an accountant.

Given you've provided incorrect details (itself an offence), I highly doubt that you will be able persuade TfL not to prosecute unless you use the services of a solicitor experienced in fare evasion cases to present a case on your behalf. If you search on this board for solicitors you will find a few that crop up regularly who do seem to have a reasonable success rate in turning round cases which, on the face of it, would be slam dunk prosecutions. It'll cost you of course, typically several hundred pounds, with no guarantee of success.

If you don't tell them your correct details, then that in itself would be a further negative aspect of your behaviour - continuing to try and evade justice - which won't sit comfortably with your aspirations.

 

[Fawkes Cat]

To just check on one point - are you aged 18 or more, or are you younger than that?

 

[Hadders]

I suggest reading TfL's Revenue Enforcement & Prosecutions Policy, in particular section 8.

https://content.tfl.gov.uk/revenue-enforcement-and-prosecutions-policy.pdf

 

[nasirjabire]

To just check on one point - are you aged 18 or more, or are you younger than that?

I’m 19.

 

[Fawkes Cat]

I’m 19.

So the different approach that TfL may apply to people under 18 will not be relevant. Thanks.

 

[spotify95]

Under Section 5 of the document that Hadders posted, it states that mis-use of Freedom Passes is considered to be a serious offence, and that they may even prosecute under-18's for it. So being over 18 and committing an offence of a serious nature, TfL will probably prosecute unless there is severe mitigation as to why they shouldn't.

If I was the OP, I'd be expecting a prosecution under the TfL Bylaws.

 

[island]

TfL just about always prosecute under their byelaws and the offence is non-recordable.