Tfl prosecution for freedom pass misuse

[calmfiln]

Hi everyone.

I was recently send a letter from tfl, due to me using my mother's freedom pass. The letter asks for more of my persons details in order for them to deal with the case correctly.

The letter also asks me to either accept or deny the offense, I want to accept it as I regret what I have done and am willing to pay any fines, however if TFL proceeds with the prosecution, it will show up as a conviction on my record and as I am only 19 years old and in university it will greatly harm my chances of getting an internship or placement.

TFL says that if i do accept the offense i must provide exceptional reasons in order for them not to proceed with the prosecution. Is it possible to settle the fines out of court with tfl or hire a solicitor in order to not have a criminal record? Im quite short on money, but I might be able to get one if they are under £1000.

I'm looking for any advice on how to avoid the prosecution or at least avoid the conviction, as it will be at least a year before the conviction is spent and it might still show up on an enhanced DBS, which worries me a lot.

 

[AndroidBango]

TFL do not do out of court settlements and will a) prosecute you, (the vast majority cases) or b) issue a final warning (rare, usually only achieved with the help of a solicitor and where there are significant mitigating circumstances like fleeing domestic abuse, or a disability). You can expect to pay upwards of £600 for a specialist rail solicitor and there is no guarantee of success.

Do you have any compelling mitigating circumstances that would mean prosecution was not in the public interest?

 

[30907]

TFL says that if i do accept the offense i must provide exceptional reasons in order for them not to proceed with the prosecution. Is it possible to settle the fines out of court with tfl or hire a solicitor in order to not have a criminal record? Im quite short on money, but I might be able to get one if they are under £1000.

I'm looking for any advice on how to avoid the prosecution or at least avoid the conviction, as it will be at least a year before the conviction is spent and it might still show up on an enhanced DBS, which worries me a lot.

You should read TfL's policy on prosecutions for what count as exceptional reasons. TfL do not settle out of court, but may issue a warning - a specialist solicitor might be able to assist but will cost several £100s.

Having a conviction under TfL Byelaws for an instance of fare evasion (even "with x other instances taken into consideration) is not so serious an offence that it will massively impact your career (trying to conceal a conviction certainly will).
I would advise contacting your student welfare people for advice.

 

[WesternLancer]

Hi everyone.

I was recently send a letter from tfl, due to me using my mother's freedom pass. The letter asks for more of my persons details in order for them to deal with the case correctly.

The letter also asks me to either accept or deny the offense, I want to accept it as I regret what I have done and am willing to pay any fines, however if TFL proceeds with the prosecution, it will show up as a conviction on my record and as I am only 19 years old and in university it will greatly harm my chances of getting an internship or placement.

TFL says that if i do accept the offense i must provide exceptional reasons in order for them not to proceed with the prosecution. Is it possible to settle the fines out of court with tfl or hire a solicitor in order to not have a criminal record? Im quite short on money, but I might be able to get one if they are under £1000.

I'm looking for any advice on how to avoid the prosecution or at least avoid the conviction, as it will be at least a year before the conviction is spent and it might still show up on an enhanced DBS, which worries me a lot.

obviously this is a different case but some of the answers to questions and advice / info given recently might be helpful for you to read for context and information - e.g. the ones about DBS and the record from a conviction for this.

of course don't hold back from asking your own questions here on your own thread as people will no doubt happily answer.

Freedom Pass misuse

Hello, I was recently caught using my dad’s freedom pass but I have been using it for the past year in the evenings to get home from work. I completely understand this is an offence and did not realise the seriousness of this at the time. I recieved the standard letter asking for a statement and...

www.railforums.co.uk

 

[AlterEgo]

(trying to conceal a conviction certainly will).

Only if you fail to disclose when legally required.

The Rehabilitation of Offenders Act gives substantial rights to ex-offenders and the right to conceal or refuse to disclose convictions in most situations. Employers may break the law by asking about convictions unless the role is exempt from this Act.

 

[Trainman40083]

One presumes you have told the holder of the Freedom Pass, as they may get to find out...

 

[enyoueffsea]

I was recently send a letter from tfl, due to me using my mother's freedom pass. The letter asks for more of my persons details in order for them to deal with the case correctly.

Have you been stopped in possession of the Freedom Pass whilst attempting to use it?

Your initial post doesn’t make this clear and this appears to be an unusual letter, requesting details they would have obtained during a stop.