Fare Evasion - Freedom Pass

[Passenger123]

Hi there,

Ive been told by a solicitor that I will be receiving a postal requisition and tfl wont offer me a warning. What is a postal requisition?

Thanks

 

[island]

Hi there,

Ive been told by a solicitor that I will be receiving a postal requisition and tfl wont offer me a warning. What is a postal requisition?

Thanks

A postal requisition is a notice sent by post stating you have been charged with a specified criminal offence and ordering you to present yourself to a Magistrates Court at the date and time specified in the notice.

 

[AlbertBeale]

A postal requisition is a notice sent by post stating you have been charged with a specified criminal offence and ordering you to present yourself to a Magistrates Court at the date and time specified in the notice.

Though surely this would normally be called a summons, not a requisition? I've never heard the latter word used in this context...

 

[Faiek5144]

Though surely this would normally be called a summons, not a requisition? I've never heard the latter word used in this context...

It’s the same thing the solicitor just called it postal requisition

 

[island]

Though surely this would normally be called a summons, not a requisition? I've never heard the latter word used in this context...

A summons is issued by a court upon the application of a prosecutor, and a postal requisition is issued by a prosecutor directly. They have the same effect just different names.

 

[Passenger123]

And can i just plead guilty by post and pay the fines?

 

[fandroid]

And can i just plead guilty by post and pay the fines?

Read everything you have been sent with this requisition. It should explain all the options open to you. There's probably a lot there, but be certain to read it all

 

[Hadders]

You will almost certainly be sent a Single Justice Procedure Notice which allows the case to be dealt with by a single Magistrate based on the Prosecution papers alone without the requirement of either party having to attend for a hearing.

Single justice procedure notices

Find out about single justice procedure notices and how you should respond.

www.gov.uk

Single justice procedure notices​

If an individual or company has been charged with a minor criminal offence, the case may be decided by a magistrate without going to court. This is known as the ‘single justice procedure’.
If this applies to you, you’ll get a single justice procedure notice when you’re charged.
A magistrate will make a decision on your case without your say if you do not respond to your notice within 21 days. You could be found guilty or fined.
There are different rules about cases that go to court in Scotland and cases that go to court in Northern Ireland.
This guide is also available in Welsh (Cymraeg).

How to respond to your notice​

Your notice will tell you who has brought the case against you (for example, the police or TV Licensing), how to make a plea, and if you can make a plea online.
When you respond you will need to say whether you plead guilty or not guilty.

Plead guilty​

You can choose if you want to go to court or not.
If you do not go to court, the magistrate will make a decision based on the information they have. You’ll get a letter with the magistrate’s decision.
You can go to court if you want to give information to the magistrates in person. You’ll get a letter telling you when to go to court.

Plead not guilty​

You have to go to court and give information to the magistrates in person. You’ll get a letter telling you when to go to court.

If you do not respond to the single justice procedure notice​

If you do not respond to the notice within 21 days, the magistrate will make a decision about your case without your say.
This could mean that if you are found guilty and sentenced, there will be no reduced sentence for a guilty plea. Your fine or penalty points may also be higher. Money may be taken from your pay or benefits.
If you need help with your notice you can get legal advice. You can also get free advice from Citizens Advice.

If you need help responding to your notice online​

Your notice will tell you if you can make a plea online and how.
If you need more help, who you contact depends on what you need.

If you’re having technical issues or need guidance about how to respond​

Courts and Tribunals Service Centre
Telephone: 0300 303 0656
Monday to Friday, 8am to 5pm
Find out about call charges

If you do not have access to the internet or do not feel confident using it​

We Are Group
[email protected]
Telephone: 03300 160051
Monday to Friday, 9am to 5pm
Closed on bank holidays
Text FORM to 60777 and someone will call you back
Find out about call charges

Get case information​

You can call the Courts and Tribunals Service Centre to get information about a case including case results.
You’ll need your case reference number - this is on your single justice procedure notice.
If you’re from the media, you can get case information and ask for a list of results to be sent to you. You’ll need your UK press card details.
Courts and Tribunals Service Centre
Telephone: 0300 303 0656
Monday to Friday, 8am to 5pm
Find out about call charges

 

[dumbgirl]

Sadly, the forum's experience is that Transport for London tend to have a serious sense of humour failure around misuse of Freedom Passes, so it is very likely that you will be prosecuted under the TfL Bylaws.

You are going to receive a letter, usually within a couple of weeks, asking you to confirm or deny the incident and talk about mitigating circumstances. Other users often provide good advice for what to include in this letter. Occasionally, TfL may be willing to offer a final warning rather than prosecution, so it's worth writing this letter even though the odds are against you.

A bylaw conviction is not a recordable offence, so it will not create a criminal record, except on Enhanced DBS checks. Most employers will not see it at all, and if you have to declare it, many employers will be happy to disregard a minor ticketing offence. I hope this reassures you a little.

it doesnt show on enhanced dbs either

 

[AlterEgo]

it doesnt show on enhanced dbs either

*in the vast majority of circumstances.

 

[dumbgirl]

*in the vast majority of circumstances.

When does tfl byelaw show on enhanced dbs

 

[AlterEgo]

When does tfl byelaw show on enhanced dbs

If in the context of the disclosure it would be in the interest to disclose it. This will be heavily dependent on individual circumstances, but non-police intelligence and court records will be considered by the disclosure officer and may or may not appear on the certificate

This site explains how even if you aren’t convicted of offences, they may still be disclosed.

Arrested but Not Charged - Will It Show Up on a DBS?

Almost 900,000 people are arrested every year in the UK. In many of these cases the arrested person is taken to the Police station

clearcheck.co.uk

 

[Passenger123]

Hi everyone,

Update on my case, ive received a letter from TFL. They dint give me the option to plead guilty by post and seems like I have to attend court.

However they do mention that if I go to court and plead guilty i wont be charged or prosecuted. Can you please explain point 2 and 3 from the letter attached.

Thanks

 

[simonw]

Hi everyone,

Update on my case, ive received a letter from TFL. They dint give me the option to plead guilty by post and seems like I have to attend court.

However they do mention that if I go to court and plead guilty i wont be charged or prosecuted. Can you please explain point 2 and 3 from the letter attached.

Thanks

The letter states that if you plead guilty to the one charge and admit that you committed all the others, you will only be prosecuted for the one offence.

 

[dosxuk]

You need to re-read that letter carefully. It does not say if you go to court and plead guilty you won't be charged or prosecuted. Those sections are only in reference to the 44 other times TFL believe you have committed the same offence.

You will end up with a prosecution and criminal conviction for the original offence if you plead guilty.

 

[furlong]

Look at the list of trips provided and check that they were all in fact made by you.
If they all were, you can choose to accept their offer which means you'll only get ONE criminal conviction instead of 45 which they believe they have sufficient evidence to charge you with.
You MUST attend the court IN PERSON to do this.

If any of the journeys were NOT made by you then it's more complicated - how many of them and do you have any easy way to prove that?

 

[Passenger123]

Hi all,

Thanks for the help. Its clear now.

So I have to attend court and they will ask me then. Im planning on pleading guilty and admitting to the other offences.

Do i need to be careful on how i phrase this on the day to make sure there are no confussions? How long should the court session last? Do you think i need legal representation?

Thanks

 

[reb0118]

Hi all,

Thanks for the help. Its clear now.

So I have to attend court and they will ask me then. Im planning on pleading guilty and admitting to the other offences.

Do i need to be careful on how i phrase this on the day to make sure there are no confussions? How long should the court session last? Do you think i need legal representation?

Thanks

Yes, you need to attend court if you wish the other offences to be taken into consideration. That simply means that you will be convicted of ONE offence with the sentence that you will receive for that taking into consideration all your offending behaviour - you will not, however, receive more than the maximum penalty for the single offence.

"When sentencing an offender who requests offences to be taken into consideration (TICs), courts should pass a total sentence which reflects all the offending behaviour. The sentence must be just and proportionate and must not exceed the statutory maximum for the conviction offence."

Copied from the Sentencing Council.

The case, once called, will not take long. Especially if you are all in agreement as to the facts and that you are pleading guilty and taking the other charges into consideration.

Hopefully you are now more au fait with the procedure and know what to expect.

 

[Passenger123]

Hi there,

So the court doesnt have the documents i signed and posted. I sent them on recorded delivery so I know they were delivered. Today is my court date (5 months after i was stopped by tfl).

If they dont have the documents they need to re-adjurn my court date. If this new date is after 6 months from when I was stopped by tfl can they still prosecute me?

Thanks,

 

[alholmes]

Yes, they can still prosecute. Papers were laid before the Court within six months. Date of hearing is not the relevant factor.

 

[ca6215]

Hi there,

What was the outcome of this situation?

I'm in a similar one right now.

Wondering what's the best course of action.

Thanks

 

[Elecman]

Hi there,

What was the outcome of this situation?

I'm in a similar one right now.

Wondering what's the best course of action.

Thanks

Please start your own thread as it is forum policy not to allow different cases on the same thread as the situations and therefore advice could bd confusing