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Hello, I was caught for using my brother's freedom pass at Leicester Square last year on the 2rd of July. I have since then received a letter from TFL asking for my side of the story and now a letter of requisition to attend court. I am pleading guilty as I did use the pass on multiple occasions knowing that it was unlawful. However I'm really stressed out because there is also a further listed 102 journeys that they are suspecting me of committing. I don't think the majority of them are not mine as my brother uses his pass to go out occasionally, and two of family members in my household were using it too. I'm only sure about the last few journeys towards the date I got caught and a few others in June. However, my memory is not sharp so I'm not entirely sure.
I'm unsure of what to do; I don't want my family members to get in trouble but it would be disingenuous of me to admit to all the offenses listed. Please help, this is my first court hearing and I cannot help but be anxious. I'm scared that I might go to jail and be unable to complete my education and that this will go on my criminal record.
You will not go to jail. This doesn’t happen for fare evasion.
What is the offence you’re being charged with? It’s very likely to be a byelaw offence, which is a relatively minor offence in the grand scheme of things.
Is there anyone at your place of education that you can get advice from regarding how this might affect your studies?
You will not go to jail. This doesn’t happen for fare evasion.
What is the offence you’re being charged with? It’s very likely to be a byelaw offence, which is a relatively minor offence in the grand scheme of things.
Is there anyone at your place of education that you can get advice from regarding how this might affect your studies?
I'm unsure of what to do; I don't want my family members to get in trouble but it would be disingenuous of me to admit to all the offenses listed. Please help, this is my first court hearing and I cannot help but be anxious. I'm scared that I might go to jail and be unable to complete my education and that this will go on my criminal record.
so part of your problem is that you d not think you used your brother's pass on all the occasions TfL think you did?
The difficulty you have will be being able to prove that. In the context of doing something dishonest (using the pass you were not entitled to) it becomes harder to get people to believe that other things you then claim are fully honest I suppose.
However, I don't think anyone should admit to doing something they did not do.
But also under no circumstances should your brother declare to the court or TfL (in person or oin writing) that they used the pass when they didn't. A lie to a court is very serious and arguably treated more seriously than the actual offence you are being accused of of using the pass illegitimately.
I'm not an expert in the court process but if you have been required to attend court in person (or you opt to do so) I would imagine there is an opportunity during the proceedings to make the case verbally to the magistrates that not all of the 102 journeys they suspect were undertaken by you - but you might need some robust information to provide to convince them of this. Is there any way you think you could provide any supporting information that might help back up a claim like that were you to make it (eg you were elsewhere on the dates concerned for example).
Perhaps you can ask TfL for a list of the dates they think you used the pass and the trips undertaken so that you can check against your own diary?
When is your court date? This would give an idea of how long you have to prepare for this and perhaps you will get some good advice here on this aspect of things.
I'm not an expert in the court process but if you have been required to attend court in person (or you opt to do so) I would imagine there is an opportunity during the proceedings to make the case verbally to the magistrates that not all of the 102 journeys they suspect were undertaken by you - but you might need some robust information to provide to convince them of this. Is there any way you think you could provide any supporting information that might help back up a claim like that were you to make it (eg you were elsewhere on the dates concerned for example).
Perhaps you can ask TfL for a list of the dates they think you used the pass and the trips undertaken so that you can check against your own diary?
When is your court date? This would give an idea of how long you have to prepare for this and perhaps you will get some good advice here on this aspect of things.
It's next week on Monday. Do bank statements count as supporting information? There were some days were I did not use the pass to travel (I only used it to save money for travel expenses where I could) that do not show up on the schedule because I used my own debit card to tap in/tap out.
It's next week on Monday. Do bank statements count as supporting information? There were some days were I did not use the pass to travel (I only used it to save money for travel expenses where I could) that do not show up on the schedule because I used my own debit card to tap in/tap out.
well if your own pass was used on the same day (do you have your TfL journey history on your pass - if not register it on line ASAP so you can get it but not sure how long it stretches back for that you can view) and supporting bank statements showing payments to TfL for travel from your bank for yourself then that might be of help in terms of what you can put to them to support a claim that you did not use your brother's pass on those occasions.
Have you asked TfL for a list of the 102 journeys they suspect you of taking with your brothers pass?
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Here is some advice posted on a thread a while ago by an experienced forum member about preparing for court appearances - it was a totally different case from what I recall (ie it may not have been TfL ) but the general advice might be of help to you in terms of preparing for what to expect on Monday:
When attending court, you should bring with you copies of all paperwork you have received, and a form MC100 income and expenditure form. If there is anything on paper that you will want to give the court, such as a statement, you must have six copies of each document (so consider that ref bank statements that you think might help you show that not all the travel on your brothers pass was you):
Three for the magistrates
one for the legal advisor
one for the prosecution
one for yourself
It is strongly recommended to dress formally. Where possible, gentlemen should wear a dark suit, tie, and formal shoes, and ladies should wear a suit with jacket, a formal top and skirt/trousers, or a dress, nothing too revealing, formal shoes and tights or similar should be worn. Jeans, trainers, open-toed shoes, anything bright, gaudy, or with slogans of any sort should be avoided.
At the court, you should make sure to arrive in good time before the time indicated on your summons. You will need to pass through security checks, which will typically include a walk-through metal detector and a bag search. Certain items are prohibited – check the Courts Service website.
Most courthouses have a number of courtrooms. You will need to check a noticeboard to see which courtroom your case has been assigned to. Staff can point this out. Speak to staff to identify yourself as a defendant.
You will probably have a fair bit of waiting around to do. Bring a book/magazine. You can use your phone whilst waiting in the court building but it should be on silent/do not disturb when in the court room itself.
When you are called into the courtroom, staff will indicate where you need to go. Do not sit down until invited to do so. You will likely have three magistrates sitting at the back on the highest level, with a legal adviser in front of them. (It's possible but unlikely that these four will be replaced by a single district judge.) Towards the centre of the court will be one or more prosecutors – solicitors representing TfL.
The legal adviser will ask you to confirm your personal details (name/address/DOB) and from there they will step you through what needs to be done – you'll likely be asked to confirm your guilty plea and then explain your mitigation. Mitigation means the reasons you are saying the court should punish you less harshly, or not at all.
After that, it could go off in several different directions, so I can't predict beyond there, all I can do is remind you that the court understands that their process is unfamiliar and will be happy for you to ask clarifying questions if you are unsure about anything. If you end up with a fine, you'll be asked if you can pay it right away (which really means within 28 days) or if you need to pay in instalments; they'll usually want it paying within 12 months. A letter will be sent to you with instructions on how to pay online, over the phone, or with a barcode at a "Paypoint" (convenience store).
Finally, don't be tempted to call anyone "your Honour" – that phrase isn't used at Magistrates Court. The magistrates collectively are addressed as "your Worships". Anyone else, including magistrates individually, should be addressed as "sir" or "madam" (not "ma'am").
There were some days were I did not use the pass to travel (I only used it to save money for travel expenses where I could) that do not show up on the schedule because I used my own debit card to tap in/tap out.
This appears to suggest that OP already has a schedule of the journeys in question (which I also think is TfL's practice when wanting to take other offences into consideration).
If I'm right and OP does have a list of the 102 other occurrences, for each item
1 think about whether you accept that you travelled
2 also mark down the ones that you can prove that you didn't use your brother's pass
3 now mark down the ones that you think you didn't use the pass for, but can't prove it
4 that should leave ones where you don't know if you used the pass or not.
If most of the journeys come under point 1 or 2 above, I think it's likely that TfL and the court will be happy to agree with you on those (don't forget to take your evidence with you to help the court and TfL). And if there aren't all that many cases in points 3 and 4, you may get lucky: as I understand it, one of the points of cases being taken into consideration is to deal with things quickly, so if TfL can come to a quick agreement with you about which other incidents to take into consideration they may well do so.
Of course, it might be that there's quite a lot of journeys in points 3 and 4. That won't make things easy - but at least you'll know what you need to deal with.
well if your own pass was used on the same day (do you have your TfL journey history on your pass - if not register it on line ASAP so you can get it but not sure how long it stretches back for that you can view) and supporting bank statements showing payments to TfL for travel from your bank for yourself then that might be of help in terms of what you can put to them to support a claim that you did not use your brother's pass on those occasions.
Have you asked TfL for a list of the 102 journeys they suspect you of taking with your brothers pass?
Not verbally, no. I have a schedule of offenses in the letters they sent that show all of the journeys, though.
I just added my card to my TFL account right now, luckily it does go back as far as the first offense on the schedule. I took a moment to read over the schedule and the travel history; it seems like there are 4 dates that overlap with when i used my own card for travel- other than that most of journeys are not my own.
This appears to suggest that OP already has a schedule of the journeys in question (which I also think is TfL's practice when wanting to take other offences into consideration).
If I'm right and OP does have a list of the 102 other occurrences, for each item
1 think about whether you accept that you travelled
2 also mark down the ones that you can prove that you didn't use your brother's pass
3 now mark down the ones that you think you didn't use the pass for, but can't prove it
4 that should leave ones where you don't know if you used the pass or not.
If most of the journeys come under point 1 or 2 above, I think it's likely that TfL and the court will be happy to agree with you on those (don't forget to take your evidence with you to help the court and TfL). And if there aren't all that many cases in points 3 and 4, you may get lucky: as I understand it, one of the points of cases being taken into consideration is to deal with things quickly, so if TfL can come to a quick agreement with you about which other incidents to take into consideration they may well do so.
Of course, it might be that there's quite a lot of journeys in points 3 and 4. That won't make things easy - but at least you'll know what you need to deal with.
I just added my card to my TFL account right now, luckily it does go back as far as the first offense on the schedule. I took a moment to read over the schedule and the travel history; it seems like there are 4 dates that overlap with when i used my own card for travel- other than that most of journeys are not my own.
That sounds good - use that as per advice from @Fawkes Cat - remember you may need print offs of all this with you in the court - so prepare for that before Monday - eg print off copies of all your ticket records shown ASAP. I doubt you would be permitted to show it all on your phone or a tablet in the court room for example - do not rely on being able to do that on the day when you are in court and it's too late to print it out. (note the advice about needing to take 6 copies of everything that I put in post above)
If you do not accept offences taken into consideration, they will not be considered when sentencing, but TfL could in theory prosecute for them separately in future. Ones that you do accept will be seen as aggravating factors and will increase the fine given but not by as much as if they were prosecuted as separate offences.
1 think about whether you accept that you travelled
2 also mark down the ones that you can prove that you didn't use your brother's pass
3 now mark down the ones that you think you didn't use the pass for, but can't prove it
4 that should leave ones where you don't know if you used the pass or not.
If most of the journeys come under point 1 or 2 above, I think it's likely that TfL and the court will be happy to agree with you on those (don't forget to take your evidence with you to help the court and TfL). And if there aren't all that many cases in points 3 and 4, you may get lucky: as I understand it, one of the points of cases being taken into consideration is to deal with things quickly, so if TfL can come to a quick agreement with you about which other incidents to take into consideration they may well do so.
Of course, it might be that there's quite a lot of journeys in points 3 and 4. That won't make things easy - but at least you'll know what you need to deal with.
I see, thank you for the clarity. I've looked over my schedule again and I believe I can prove I didn't travel on 4 of the dates with journey history/payment history from my card on my card. There's 9 journeys with dates I am sure I used the pass for, 36 I think I didn't use but can't prove, and I'm unsure of the other 53.
I am a little confused by the wording of the memorandum though... when it comes to the schedule, do I need to put my signature next to the offenses that I admit to or do you sign for the ones you want to be taken into consideration? Forgive me, my nerves make it harder to understand things and I want to make sure I don't make any mistakes
== Doublepost prevention - post automatically merged: ==
If you do not accept offences taken into consideration, they will not be considered when sentencing, but TfL could in theory prosecute for them separately in future. Ones that you do accept will be seen as aggravating factors and will increase the fine given but not by as much as if they were prosecuted as separate offences.
I am fairly sure that is the case but it’s worth waiting for actual experts on court processes to advise - there are some on here. How long do you have until the deadline?
I don't think the majority of them are not mine as my brother uses his pass to go out occasionally, and two of family members in my household were using it too.
I am fairly sure that is the case but it’s worth waiting for actual experts on court processes to advise - there are some on here. How long do you have until the deadline?
My understanding, which @island will be better placed to confirm, is that you will be asked about the 102 cases in court. It is those you accept that will be taken into consideration.
My understanding, which @island will be better placed to confirm, is that you will be asked about the 102 cases in court. It is those you accept that will be taken into consideration.
I think it is - I can't see that it would go down well with the magistrates and they are the ones who decide where, in the range of available options, the fine will be set.
Great - that is what I meant - thanks for clarifying
That sounds good - use that as per advice from @Fawkes Cat - remember you may need print offs of all this with you in the court - so prepare for that before Monday - eg print off copies of all your ticket records shown ASAP. I doubt you would be permitted to show it all on your phone or a tablet in the court room for example - do not rely on being able to do that on the day when you are in court and it's too late to print it out. (note the advice about needing to take 6 copies of everything that I put in post above)
While it's extremely sensible to focus on the OP being prepared for the court appearance, we haven't covered the issue of the brother allowing his freedom pass to be misused. TfL apparently take a very dim view of such behaviour. The consequences for the brother depend on what makes him eligible for the pass. If it's because of employment related to TfL then he could possibly lose his job. It's very likely that the pass will be withdrawn, possibly for ever.
While it's extremely sensible to focus on the OP being prepared for the court appearance, we haven't covered the issue of the brother allowing his freedom pass to be misused. TfL apparently take a very dim view of such behaviour. The consequences for the brother depend on what makes him eligible for the pass. If it's because of employment related to TfL then he could possibly lose his job. It's very likely that the pass will be withdrawn, possibly for ever.
Freedom passes are only issued for age or disability, staff passes are not freedom passes. Though it’s possible the OP is incorrectly referring to a staff pass as a freedom pass, so good to check I guess.
I agree, but I can see this point being a tricky one
- the OP should not admit to things they did not do IMHO
- if asked about the other uses and they know their brother allowed other family members to also use the pass and state that then that causes potential problems for the brother (not least removal of their pass and it not being replaced)
- if OP asked and says 'no comment' then you might expect conclusions to be drawn from saying that
- if asked and says 'I don't know who used it' that is probably bordering on a lie, although I suppose depending on how many other family members have used the pass illegitimately then maybe it might genuinely be true not to know.
- but presumably it is up to TfL to find out who did use the pass if the OP states they did not use it? If TfL want to take action against other people, be they family members or not.
@miskytrout - however this plays out in court do not under any circumstances lie in the court. As mentioned above I suspect the court / magistrates would regard that as far more serious than the actual offence of using someone else's pass.
While it's extremely sensible to focus on the OP being prepared for the court appearance, we haven't covered the issue of the brother allowing his freedom pass to be misused. TfL apparently take a very dim view of such behaviour. The consequences for the brother depend on what makes him eligible for the pass. If it's because of employment related to TfL then he could possibly lose his job. It's very likely that the pass will be withdrawn, possibly for ever.
To add on, my brother is not employed. He is disabled/autistic, is unable to speak and relies on my family's care, which is why he was eligible for the pass.
To add on, my brother is not employed. He is disabled/autistic, is unable to speak and relies on my family's care, which is why he was eligible for the pass.
I don't normally comment in these types of forum .. I leave that to others . However on reading this thread I believe this disclosure of Disabled / Autistic is of importance and needs to be brought to the attention of the courts because whatever the outcome for the OP and indeed anyone else abusing the pass, the actual pass holder because of their condition would have been unaware that their pass was being used by others .
Because at the end of the day the greatest injustice would be for the pass holder to have the facility withdrawn.
You’re right to raise the possibility, but this is an assumption based on an extremely brief description of someone’s disability, what you’ve said here may not be true, the brother may have been fully aware.
In practical terms, all of this is beside the point which is advising our OP. As I understand it, they've been requisitioned to attend court. According to (your! I'm not looking to criticise anyone here) post #15 above
My understanding, which @island will be better placed to confirm, is that you will be asked about the 102 cases in court. It is those you accept that will be taken into consideration.
If you do not accept offences taken into consideration, they will not be considered when sentencing, but TfL could in theory prosecute for them separately in future. Ones that you do accept will be seen as aggravating factors and will increase the fine given but not by as much as if they were prosecuted as separate offences.
So while I have no knowledge at all of court procedure, surely the cases which the OP accepts will be dealt with as 'taken into consideration'. The others will be put to one side - and TfL may look at them later. So the practical upshot from the point of view of the OP being in court next Monday is that there won't be any questions about them then: rather, TfL may come back and want to know more information to decide if they should prosecute the OP or maybe their relatives - but that won't be in court, and it won't be on Monday.
More broadly, and without wishing to sound rude - the OP and family are in a mess here due to the abuse of the pass, which is almost certainly deliberate I assume.
These are the sorts of things you get tangled up in if you do this sort of thing unfortunately. I can see the OP is not trying to 'get out of it' but the consequences of what has been done have a potential impact on others, and 'difficult questions' do have to be faced, but as @Fawkes Cat says that may not happen in court.
But if @miskytrout is well prepared for Monday they will be able to at least get the 'least worst' outcome they can achieve with help from here (short of paying a large sum to a solicitor to help them I suppose).
One thought here, do you possess a mobile phone with location services enabled? I frequently use Google Maps Timeline to check where I was on a particular day.
I'm not sure how admissible this would be to the court, but it would at least help clarify for yourself if you were in the locations listed on the day listed.
One thought here, do you possess a mobile phone with location services enabled? I frequently use Google Maps Timeline to check where I was on a particular day.
I'm not sure how admissible this would be to the court, but it would at least help clarify for yourself if you were in the locations listed on the day listed.
I checked just now, unfortunately my timeline has no trips as I haven't enabled it. I did check my map history as I do recall looking for directions for some of locations i didn't use the pass for, however not sure how useful that would be
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