Misuse of Freedom Pass

[AlterEgo]

Do you guys advise getting a solicitor? Because I want to avoid a conviction and Im going to start my corporate job in January since i just graduated and it is not a good look if they find out before i even begin my employment

It is a non recordable offence so do you think its worth not getting a solicitor since it dosent guarantee a warning

Whether it is recorded on the PNC or not does not make any difference to your legal obligation to disclose it if it is unspent, or, if you are in a profession not covered by the provisions of the Rehabilitation of Offenders Act, to declare it for all time. Questions about whether it is recorded on DBS or PNC equate to "will they find out?"

The answer is yes, they can find out via other means (your case is in the court records, and legal databases will be able to still find the case), and if you have not disclosed when you have a legal obligation to disclose, you may have committed a further offence. This is not an area you can mess about with.

 

[Buzz01]

Hi,
I have received a Postal Requisition by TfL to attend court. I thought they usually do this via SJPN. I am a bit confused. I used my dads freedom pass for a total of 19 times.

 

[jfollows]

TfL say https://tfl.gov.uk/fares/find-fares/prosecutions

Postal Requisition​

If you are charged with an offence and are to be prosecuted in court, you may receive a postal requisition.

A postal requisition will display the date for a court hearing.

You must read the notice carefully as it may not be necessary for you to come to court in person. If so, you will be instructed to submit a plea by post. If this is the case, follow the instructions carefully.

If you do not submit a plea and also do not attend the hearing, the court may issue a warrant for your arrest. You may then be held in custody until you appear in front of the next available court. If you require advice you should contact a solicitor. It may be possible to have some legal advice without charge.

Regardless, we probably need more information from you if we’re going to do other than agree with you.

Please read before posting in Disputes & Prosecutions

Guidance for those asking for advice: Please bear in mind the following, when asking for advice in this section: We need to know all relevant facts in order to assist you, including, for example: The stations* where you actually started & finished your journey The stations* where you changed...

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EDIT The original poster had previously posted on the subject and the threads have now been merged.
However, the original poster has been unwilling to share details with us here, so we are limited in the appropriate advice we can give.

 

[Haywain]

They are asking for the offences of use when they didn't stop you to be taken into consideration. This will allow TfL to recover more unpaid fares from you.

 

[island]

They are asking for the offences of use when they didn't stop you to be taken into consideration. This will allow TfL to recover more unpaid fares from you.

Indeed. And this cannot be done by SJP nor can the offences normally be admitted remotely. A personal appearance is necessary unless the requisition says otherwise.

 

[Buzz01]

But I heard stories when they just do this via SJP, is this normal? Would it be possible if I show up and explain the situation the magistrate could show leniency and discharge the case?

 

[Haywain]

Would it be possible if I show up and explain the situation the magistrate could show leniency and discharge the case?

Not a chance.

== Doublepost prevention - post automatically merged: 24 Dec 2025 ==

But I heard stories when they just do this via SJP, is this normal?

The requisition is nothing out of the ordinary.

 

[AlterEgo]

But I heard stories when they just do this via SJP, is this normal?

It's normal when they have detected other offences to be taken into consideration that they ask if you would like these to be taken into consideration. It is in your interests to ask for these to be taken into consideration. Your attendance is mandatory - you are being summonsed - and you are commanded to appear in person in court at X date.

Would it be possible if I show up and explain the situation the magistrate could show leniency and discharge the case?

No. The magistrates don't have the option to do that. One assumes you will be pleading guilty - therefore you will be convicted. The magistrates will fine you according to your income, you will have to pay the prosecution's costs, the evaded fares, and a surcharge.

In very rare circumstances they could give what is called a conditional discharge where no fine is given, but these are very rare and your case is entirely standard. A conditional discharge is still a criminal conviction, and you will still receive a criminal record, and you still have the legal obligation to disclose it until it is spent. it is very unlikely you need to think about this though, because the punishment will with almost 100% certainty be a fine anyway.

 

[John R]

But I heard stories when they just do this via SJP, is this normal? Would it be possible if I show up and explain the situation the magistrate could show leniency and discharge the case?

Why would they do that? You will be just one of many cases they see daily of people who are up before then for breaking the law. They will no doubt (as the TfL investigators will too) have heard every excuse under the sun numerous times.

Even if they were able to, what would motivate them to pick you out for a more lenient approach?

 

[island]

But I heard stories when they just do this via SJP, is this normal?

Where multiple cases are to be disposed of ("taken into consideration/TIC") via a single set of proceedings, this cannot be done via SJP. It is completely normal for these to be charged via postal requisition. The postal requisition is an order to appear in court on the given date at the given time. It is not optional. If you do have an unavoidable commitment which pre-dates receiving the requisition, with documentary evidence of the same, you can apply for the matter to be put back to a later date. By "unavoidable commitment" I mean something like a foreign holiday or a hospital appointment. TfL prosecutions are normally heard Mondays and Thursdays in Lavender Hill Magistrates Court in Clapham Junction.

There is no way to get this case "converted" to SJP so you can put that possibility out of your head.

Would it be possible if I show up and explain the situation the magistrate could show leniency and discharge the case?

No. The magistrates don't have the option to do that. One assumes you will be pleading guilty - therefore you will be convicted. The magistrates will fine you according to your income, you will have to pay the prosecution's costs, the evaded fares, and a surcharge.

In very rare circumstances they could give what is called a conditional discharge where no fine is given, but these are very rare and your case is entirely standard. A conditional discharge is still a criminal conviction, and you will still receive a criminal record, and you still have the legal obligation to disclose it until it is spent. it is very unlikely you need to think about this though, because the punishment will with almost 100% certainty be a fine anyway.

This is close to correct. There is also available to magistrates the option of an absolute discharge, where the court deems that it is inexpedient to punish the person, usually because the offence is extremely minor and there are strong mitigating circumstances. This, however, happens very rarely indeed. As AlterEgo says, it is all but certain this case will be dealt with via a financial penalty.

 

[Buzz01]

Where multiple cases are to be disposed of ("taken into consideration/TIC") via a single set of proceedings, this cannot be done via SJP. It is completely normal for these to be charged via postal requisition. The postal requisition is an order to appear in court on the given date at the given time. It is not optional. If you do have an unavoidable commitment which pre-dates receiving the requisition, with documentary evidence of the same, you can apply for the matter to be put back to a later date. By "unavoidable commitment" I mean something like a foreign holiday or a hospital appointment. TfL prosecutions are normally heard Mondays and Thursdays in Lavender Hill Magistrates Court in Clapham Junction.

There is no way to get this case "converted" to SJP so you can put that possibility out of your head.


This is close to correct. There is also available to magistrates the option of an absolute discharge, where the court deems that it is inexpedient to punish the person, usually because the offence is extremely minor and there are strong mitigating circumstances. This, however, happens very rarely indeed. As AlterEgo says, it is all but certain this case will be dealt with via a financial penalty.

How do they choose what to use, a requisition or SJPN. I have seen cases where people have committed more offences than me (mine being 19) and they have been issued an SJPN. I was expecting to plea guilty online and now I have been summoned. Just to make it clear, one isn't worse than the other, in terms of outcome? Maybe it's better for me to attend since I can offer any mitigations and the magistrates can perhaps take it into account.

 

[Titfield]

There is an inherent contradiction between processing cases efficiently and giving those accused of committing an offence their "day in court".

You should always attend. The chances of a worse outcome by attending is very very low indeed. Pleading your case will at least give the Magistrates confirmation that you take the case seriously and this will encourage them to believe that you have learned your lesson.

 

[island]

How do they choose what to use, a requisition or SJPN. I have seen cases where people have committed more offences than me (mine being 19) and they have been issued an SJPN. I was expecting to plea guilty online and now I have been summoned. Just to make it clear, one isn't worse than the other, in terms of outcome? Maybe it's better for me to attend since I can offer any mitigations and the magistrates can perhaps take it into account.

It is for the prosecutor to decide, where applicable, whether to deal with a case by SJP, requisition, or some other way. I can't comment on other unspecified cases. SJPN recipients can choose to go to court instead of pleading online or by post, but not the other way around.

It's not "better" for you to attend, it is mandatory. If you don't attend, the case may be dealt with in your absence and any fine will be 50% higher than if you had attended and pleaded guilty. Or you could be arrested.

 

[Buzz01]

It is for the prosecutor to decide, where applicable, whether to deal with a case by SJP, requisition, or some other way. I can't comment on other unspecified cases. SJPN recipients can choose to go to court instead of pleading online or by post, but not the other way around.

It's not "better" for you to attend, it is mandatory. If you don't attend, the case may be dealt with in your absence and any fine will be 50% higher than if you had attended and pleaded guilty. Or you could be arrested.

I see but they are both non recordable convictions to the same degree right. I hope a conviction in person doesn't hold mire consequences than via sjpn.

 

[SuspectUsual]

I hope a conviction in person doesn't hold mire consequences than via sjpn

It doesn’t. You’re convicted of the same crime, just via a slightly different method

 

[Buzz01]

It doesn’t. You’re convicted of the same crime, just via a slightly different method

It doesn’t. You’re convicted of the same crime, just via a slightly different method

So there isnt a higher chance for the conviction processed in court to appear on a dbs check than via sjpn?

 

[saismee]

So there isnt a higher chance for the conviction processed in court to appear on a dbs check than via sjpn?

It's processed in court either way, the only difference is that you need to attend.

 

[island]

So there isnt a higher chance for the conviction processed in court to appear on a dbs check than via sjpn?

It makes no difference. The question is what is the offence and the sentence, not which court process was used.

 

[Buzz01]

Hi everyone. My hearing is around mid march, when do you think I should send forms via post? Is early/mid February okay? And is it okay if I take the MC100 form there in person? And finally, apologies for all the questions, what other documents do I need to bring as proof of income? Or will they just take my word for it?

 

[island]

Hi everyone. My hearing is around mid march, when do you think I should send forms via post? Is early/mid February okay? And is it okay if I take the MC100 form there in person? And finally, apologies for all the questions, what other documents do I need to bring as proof of income? Or will they just take my word for it?

You should send in any forms as soon as you have filled them in.

Have an up to date MC100 with you on the day. Proof can be requested but rarely is.

 

[LightingPig123]

@Buzz01 how did you get on? I am in the exact same boat, and would like advice on your path. cheers mate.

 

[Spaceship323]

@Buzz01 how did you get on? I am in the exact same boat, and would like advice on your path. cheers mate.

Please start your own thread as no two cases are the same and it helps us tailor the advice to each case