Prosecution for misuse of freedom pass. How can I prepare?

[jjhat]

Hi everyone,

I’m getting prosecuted by the TfL for using my grandma’s freedom pass. I take care of her full time as she has mental illnesses and physical health problems, meaning I can’t work at the moment. I don’t claim any benefits either.

I deeply regret using it, it was so stupid of me honestly. Trains are so expensive and I was struggling financially. I used it about 50 times in total. I have a court date coming up. I just received the letter, how do I respond to them, shall I get a solicitor? They’re very pricey too how can I prepare myself? What shall I expect?

I’m thankful for any help

 

[Hadders]

Welcome to the forum!

Transport for London take misuse of Freedom Passes very seriously and a prosecution under the TfL Bylaws is the usual outcome. It would be helpful if you could upload a copy of all the paperwork you've received about this but do cover up any case reference numbers and personal detals before doing so. This is so that we can offer you the best advice - in some cases you don't actually need to attend court in person if you're pleading guilty but we need to see the paperwork to be certain.

Generally speaking, if you're pleading guilty there's little point in hiring a solicitor. If you plead guilty (or are found guilty by the court following a not-guilty plea)) then you will have to pay:

- A fine based on your income
- A surcharge of 40% of the value of the fine
- A contribution towards TfL's costs
- Compensation for the fares avoided

If you are found guilty then this is a criminal conviction. If you are prosecuted under the TfL Bylaws (which is what normally happens) then the conviction isn't normally recorded on the Police National Computer and won't normally appear on Basic DBS checks although we always advise people to be honest when asked if they have a conviction.

 

[AlbertBeale]

Hi everyone,

I’m getting prosecuted by the TfL for using my grandma’s freedom pass. I take care of her full time as she has mental illnesses and physical health problems, meaning I can’t work at the moment. I don’t claim any benefits either.

I deeply regret using it, it was so stupid of me honestly. Trains are so expensive and I was struggling financially. I used it about 50 times in total. I have a court date coming up. I just received the letter, how do I respond to them, shall I get a solicitor? They’re very pricey too how can I prepare myself? What shall I expect?

I’m thankful for any help

Assuming they can trace the fact that you've used the pass many times, then since a court case will normally include being ordered to reimburse all the fares, this might be pretty expensive... You really should chase up what benefits you can get - are you saying the fact you don't claim any is the reason why you had no money and so used the Freedom Pass, and if so, is it because you aren't (or think you aren't) eligible, rather than just not getting round to it? Or do you know you're not eligible?

It might be that your Grandmother can get attendance allowance (or similar) if she needs constant support, which is partly designed to cover the cost of care needed - so that might be a source of some financial support for you. Of course there are problems in that "the system" just assumes that relatives look after one another "for love" not for money, even though where there aren't relatives the local authority might need to spend a lot to support the vulnerable person. It might seem fair if some of that money saved could be used to support the "informal carer", but I don't think the system usually works that way. In any case, you really should get advice as to what you can do to support yourself while acting as a full-time carer - there are specialists who could advise you.

If it is definitely the case that you're not eligible for any public financial support, and you've sacrificed being able to get any other income in order to be a full-time carer, then setting all this out clearly to the court just might result in them being sympathetic and lessening the amount of money they want from you (though it's unlikely to stop you being found guilty of course!). However, you'd need to go to court and explain this (even while still pleading guilty); mitigation of that sort might well be ignored if it was a case just dealt with on paper. This sort of mitigation is likely to come over better directly from you, if you're up to it - using a solicitor is unlikely to improve the financial outcome from your point of view ... in fact it'll likely make it worse by the time you've had to pay the solicitor. If you had a legal defence to the case, ie you could persuade the court you were not guilty, a solicitor might do so more successfully than you could - but that doesn't seem to be the situation here.

Does your grandmother use the Freedom Pass much herself? I presume this case arose because you were stopped when using it, and the pass was confiscated? There can in theory be legal implications for the person whose pass it is, if TfL think they let you use it. Also, if there's a suspicion of that, then your grandmother might have trouble getting the pass reissued. So there's that to consider too.

As already suggested, share the letter you've received (anonymised of course) so that people here can give you more relevant advice. One last question - is the letter with the court date the first paperwork you've had? Or did TfL write to you first before putting it in the court system? If so, what did that letter say? And what did you reply?

 

[notmyrealname]

I don't want to divert this thread but I agree with AlbertBeale about looking into benefits. You could speak to a welfare rights advisor at the CAB or your local council. Sometimes Carers Allowance is paid in addition to Attendance Allowance.

 

[Snow1964]

As others have said, make sure you have claimed the carers and Attenders allowance and when it comes through keep it to pay any potential back fares and fines.

Your Grandmother also needs to be very careful in this too, if she thought she was helping your commuting costs by giving you tickets/pass, then you might potentially open a can of worms as to if this was being done on a commercial arrangement rather than voluntary one.

If the court gets any hint that you saw it as your current occupation (and court will want to know basis of your income to set fine level and any repayment schedule), then you are going to open yourself to things like minimum wage legislation or self employed NI contributions etc. Similarly if another member of your family already claims the carer or attendance allowance then you will drop them in it if you use the looking after your grandmother reason, so make sure your version of events doesn't conflict with others.

 

[WesternLancer]

There was some very good advice on here not so long ago about what to expect if a case like this went to court, in terms of what you might expect to encounter in the court, and thus how best to prepare for what would happen and how to conduct yourself, but I can't find the thread concerned at the moment.

From memory I think it may have been given by either @John Palmer or @Puffing Devil (apols to these forum members if I have got this wrong!)

 

[Puffing Devil]

There was some very good advice on here not so long ago about what to expect if a case like this went to court, in terms of what you might expect to encounter in the court, and thus how best to prepare for what would happen and how to conduct yourself, but I can't find the thread concerned at the moment.

From memory I think it may have been given by either @John Palmer or @Puffing Devil (apols to these forum members if I have got this wrong!)

Here's the "going to court" piece I posted in this thread: https://www.railforums.co.uk/threads/freedom-pass-misuse-advice-needed.261317/#post-6595901

Your paperwork will give you the time and date to be at court. Arrive on time and check in with the usher. Then wait. And be prepared to wait some more. You may be lucky and get called in with a minimal delay, though the legal process speed can be glacial. If you can, dig out a shirt, trousers and shoes to wear on the day – anything up from joggers and a faded T-shirt is a bonus.

When you’re called in you’ll be shown into the witness box to identify yourself. The charges will be read by the Court Clerk (aka Legal Advisor) , and you’ll be asked to plead guilty or not guilty. With a guilty plea, the prosecutor will then summarise the offence – date, circumstances, etc. You’ll then be invited to speak in mitigation – anything you would like to say about the offences, offer an apology to the rail company, show some contrition.

The “bench”, which will be 2 or 3 Magistrates or one District Judge, may retire to consider the sentence, or they may discuss the matter quickly and quietly in the court.

You’ll be asked to stand and the sentence – most likely a fine in the absence of any criminal record – will be read out. Expect to pay a fine, a victim surcharge, costs for the TOC and compensation for the fares evaded. You’ll be asked if you can pay the amount due immediately. Stand firm, be honest if you are unemployed and a full time carer and will struggle to pay. Ask for time to pay – ask if the bench will allow you to pay monthly for a year. There may be a little back and forth and pressure for you to pay more.

The fine and surcharge will be based on the income you declare on the “means form”. This will be taken off you when you enter the court or before the bench completes the sentence. Being unemployed works well for you as your income is small, and the fine will be based on that.

The court will make a collection order, which allows the Fines Officer many options to recover the monies due if you fail to pay or keep to the agreement. The end game for this is jail, so stay in touch with the Fines Officer if there are any issues. They can be helpful, but a fine is a punishment. It’s not meant to be easy.

You’ll most likely be given a leaflet about paying your fine and shown the door.

 

[WesternLancer]

Here's the "going to court" piece I posted in this thread: https://www.railforums.co.uk/threads/freedom-pass-misuse-advice-needed.261317/#post-6595901

Your paperwork will give you the time and date to be at court. Arrive on time and check in with the usher. Then wait. And be prepared to wait some more. You may be lucky and get called in with a minimal delay, though the legal process speed can be glacial. If you can, dig out a shirt, trousers and shoes to wear on the day – anything up from joggers and a faded T-shirt is a bonus.

When you’re called in you’ll be shown into the witness box to identify yourself. The charges will be read by the Court Clerk (aka Legal Advisor) , and you’ll be asked to plead guilty or not guilty. With a guilty plea, the prosecutor will then summarise the offence – date, circumstances, etc. You’ll then be invited to speak in mitigation – anything you would like to say about the offences, offer an apology to the rail company, show some contrition.

The “bench”, which will be 2 or 3 Magistrates or one District Judge, may retire to consider the sentence, or they may discuss the matter quickly and quietly in the court.

You’ll be asked to stand and the sentence – most likely a fine in the absence of any criminal record – will be read out. Expect to pay a fine, a victim surcharge, costs for the TOC and compensation for the fares evaded. You’ll be asked if you can pay the amount due immediately. Stand firm, be honest if you are unemployed and a full time carer and will struggle to pay. Ask for time to pay – ask if the bench will allow you to pay monthly for a year. There may be a little back and forth and pressure for you to pay more.

The fine and surcharge will be based on the income you declare on the “means form”. This will be taken off you when you enter the court or before the bench completes the sentence. Being unemployed works well for you as your income is small, and the fine will be based on that.

The court will make a collection order, which allows the Fines Officer many options to recover the monies due if you fail to pay or keep to the agreement. The end game for this is jail, so stay in touch with the Fines Officer if there are any issues. They can be helpful, but a fine is a punishment. It’s not meant to be easy.

You’ll most likely be given a leaflet about paying your fine and shown the door.

Many thanks - that's the one I was thinking of. I would think useful to anyone who may want to know what would happen.

 

[Enthusiast]

Just one amendment to the above: the defendant will not be shown into the witness box. He will be shown into the dock. Most court buildings have more than one courtroom and at least one of these will have a "secure" dock (i.e. an enclosed dock, with a door that will be closed after the defendant has entered.) Very often railway prosecutions may be held in a courtroom with no enclosed dock or witness box. In that case the defendant will be asked to stand at a desk.

 

[Puffing Devil]

Just one amendment to the above: the defendant will not be shown into the witness box. He will be shown into the dock. Most court buildings have more than one courtroom and at least one of these will have a "secure" dock (i.e. an enclosed dock, with a door that will be closed after the defendant has entered.) Very often railway prosecutions may be held in a courtroom with no enclosed dock or witness box. In that case the defendant will be asked to stand at a desk.

It very much depends on the age and layout of the court - we used the witness box by the secure dock for defendants who were "walk-ins". Some walk-ins left through the secure dock......

 

[jjhat]

Here's the "going to court" piece I posted in this thread: https://www.railforums.co.uk/threads/freedom-pass-misuse-advice-needed.261317/#post-6595901

Your paperwork will give you the time and date to be at court. Arrive on time and check in with the usher. Then wait. And be prepared to wait some more. You may be lucky and get called in with a minimal delay, though the legal process speed can be glacial. If you can, dig out a shirt, trousers and shoes to wear on the day – anything up from joggers and a faded T-shirt is a bonus.

When you’re called in you’ll be shown into the witness box to identify yourself. The charges will be read by the Court Clerk (aka Legal Advisor) , and you’ll be asked to plead guilty or not guilty. With a guilty plea, the prosecutor will then summarise the offence – date, circumstances, etc. You’ll then be invited to speak in mitigation – anything you would like to say about the offences, offer an apology to the rail company, show some contrition.

The “bench”, which will be 2 or 3 Magistrates or one District Judge, may retire to consider the sentence, or they may discuss the matter quickly and quietly in the court.

You’ll be asked to stand and the sentence – most likely a fine in the absence of any criminal record – will be read out. Expect to pay a fine, a victim surcharge, costs for the TOC and compensation for the fares evaded. You’ll be asked if you can pay the amount due immediately. Stand firm, be honest if you are unemployed and a full time carer and will struggle to pay. Ask for time to pay – ask if the bench will allow you to pay monthly for a year. There may be a little back and forth and pressure for you to pay more.

The fine and surcharge will be based on the income you declare on the “means form”. This will be taken off you when you enter the court or before the bench completes the sentence. Being unemployed works well for you as your income is small, and the fine will be based on that.

The court will make a collection order, which allows the Fines Officer many options to recover the monies due if you fail to pay or keep to the agreement. The end game for this is jail, so stay in touch with the Fines Officer if there are any issues. They can be helpful, but a fine is a punishment. It’s not meant to be easy.

You’ll most likely be given a leaflet about paying your fine and shown the door.

Thank you so much for this!

Regarding the fine, as I’m unemployed would it matter to them if I were to pay this through a loan from my family? Or would it have to come from me?

 

[jjhat]

As others have said, make sure you have claimed the carers and Attenders allowance and when it comes through keep it to pay any potential back fares and fines.

Your Grandmother also needs to be very careful in this too, if she thought she was helping your commuting costs by giving you tickets/pass, then you might potentially open a can of worms as to if this was being done on a commercial arrangement rather than voluntary one.

If the court gets any hint that you saw it as your current occupation (and court will want to know basis of your income to set fine level and any repayment schedule), then you are going to open yourself to things like minimum wage legislation or self employed NI contributions etc. Similarly if another member of your family already claims the carer or attendance allowance then you will drop them in it if you use the looking after your grandmother reason, so make sure your version of events doesn't conflict with others.

I take care of my grandma with my mum, she’s her full time carer but my grandma is a lot so I need to be there too. She’s suffered from multiple strokes and has other mental illnesses. I don’t claim carer or unemployment just because I’m thankful I have a roof over my head and I feel others may need it more even though I don’t have money, I have a home. What if the court doesn’t understand me or my situation? What do you mean by minimum wage legislation and self employed NI sorry? I’m having difficulties understanding sorry, I mean because I’m unemployed so would I have to pay those things too?

Assuming they can trace the fact that you've used the pass many times, then since a court case will normally include being ordered to reimburse all the fares, this might be pretty expensive... You really should chase up what benefits you can get - are you saying the fact you don't claim any is the reason why you had no money and so used the Freedom Pass, and if so, is it because you aren't (or think you aren't) eligible, rather than just not getting round to it? Or do you know you're not eligible?

It might be that your Grandmother can get attendance allowance (or similar) if she needs constant support, which is partly designed to cover the cost of care needed - so that might be a source of some financial support for you. Of course there are problems in that "the system" just assumes that relatives look after one another "for love" not for money, even though where there aren't relatives the local authority might need to spend a lot to support the vulnerable person. It might seem fair if some of that money saved could be used to support the "informal carer", but I don't think the system usually works that way. In any case, you really should get advice as to what you can do to support yourself while acting as a full-time carer - there are specialists who could advise you.

If it is definitely the case that you're not eligible for any public financial support, and you've sacrificed being able to get any other income in order to be a full-time carer, then setting all this out clearly to the court just might result in them being sympathetic and lessening the amount of money they want from you (though it's unlikely to stop you being found guilty of course!). However, you'd need to go to court and explain this (even while still pleading guilty); mitigation of that sort might well be ignored if it was a case just dealt with on paper. This sort of mitigation is likely to come over better directly from you, if you're up to it - using a solicitor is unlikely to improve the financial outcome from your point of view ... in fact it'll likely make it worse by the time you've had to pay the solicitor. If you had a legal defence to the case, ie you could persuade the court you were not guilty, a solicitor might do so more successfully than you could - but that doesn't seem to be the situation here.

Does your grandmother use the Freedom Pass much herself? I presume this case arose because you were stopped when using it, and the pass was confiscated? There can in theory be legal implications for the person whose pass it is, if TfL think they let you use it. Also, if there's a suspicion of that, then your grandmother might have trouble getting the pass reissued. So there's that to consider too.

As already suggested, share the letter you've received (anonymised of course) so that people here can give you more relevant advice. One last question - is the letter with the court date the first paperwork you've had? Or did TfL write to you first before putting it in the court system? If so, what did that letter say? And what did you reply?

I will try to attach the letter tomorrow, thank you for your response.
I have previously received a letter from the TfL asking me to reply to the claims via email, i admitted my wrongdoings and apologised in the email, I explained that I’m unemployed and I regret my poor choices and how I hope my actions don’t affect my grandma

 

[jjhat]

Welcome to the forum!

Transport for London take misuse of Freedom Passes very seriously and a prosecution under the TfL Bylaws is the usual outcome. It would be helpful if you could upload a copy of all the paperwork you've received about this but do cover up any case reference numbers and personal detals before doing so. This is so that we can offer you the best advice - in some cases you don't actually need to attend court in person if you're pleading guilty but we need to see the paperwork to be certain.

Generally speaking, if you're pleading guilty there's little point in hiring a solicitor. If you plead guilty (or are found guilty by the court following a not-guilty plea)) then you will have to pay:

- A fine based on your income
- A surcharge of 40% of the value of the fine
- A contribution towards TfL's costs
- Compensation for the fares avoided

If you are found guilty then this is a criminal conviction. If you are prosecuted under the TfL Bylaws (which is what normally happens) then the conviction isn't normally recorded on the Police National Computer and won't normally appear on Basic DBS checks although we always advise people to be honest when asked if they have a conviction.

Thank you for your response.
I believe my fine to TfL is about £600, I have no earning nor any benefits, do you know what they’ll charge me in total of the court charges and everything else?

 

[AlterEgo]

Thank you for your response.
I believe my fine to TfL is about £600, I have no earning nor any benefits, do you know what they’ll charge me in total of the court charges and everything else?

The fine is the punishment part of the sentence and you can’t know for certain what it is yet. That’s separate to the fare dodging.

Do you mean £600 is the total of the fare avoided?

 

[Pushpit]

I take care of my grandma with my mum, she’s her full time carer but my grandma is a lot so I need to be there too. She’s suffered from multiple strokes and has other mental illnesses. I don’t claim carer or unemployment just because I’m thankful I have a roof over my head and I feel others may need it more even though I don’t have money, I have a home. What if the court doesn’t understand me or my situation? What do you mean by minimum wage legislation and self employed NI sorry? I’m having difficulties understanding sorry, I mean because I’m unemployed so would I have to pay those things too?

I think the minimum wage / national insurance issue isn't relevant to your situation. When it comes to caring for a close family relative, voluntarily, none of that applies. If you explain you are not on benefits, not employed, supported by your family - that's not an unusual situation with minority ethnic communities and courts will be aware of similar cases. Just be honest and explain that all you can do is ask (but not demand) that someone else in your family to pay any fine. If you are married or in a relationship of some duration, this will need to be mentioned. The court will probably take into consideration your household income and assets in terms of the fine's viability.

 

[jjhat]

The fine is the punishment part of the sentence and you can’t know for certain what it is yet. That’s separate to the fare dodging.

Do you mean £600 is the total of the fare avoided?

Yes, that’s the total calculated in fare avoidance

I think the minimum wage / national insurance issue isn't relevant to your situation. When it comes to caring for a close family relative, voluntarily, none of that applies. If you explain you are not on benefits, not employed, supported by your family - that's not an unusual situation with minority ethnic communities and courts will be aware of similar cases. Just be honest and explain that all you can do is ask (but not demand) that someone else in your family to pay any fine. If you are married or in a relationship of some duration, this will need to be mentioned. The court will probably take into consideration your household income and assets in terms of the fine's viability.

Thank you for this. I will try to explain my situation to them. I’m not too sure how understanding the court system is/ will be towards me

 

[Snow1964]

Thank you for this. I will try to explain my situation to them. I’m not too sure how understanding the court system is/ will be towards me

There are two parts to this, the whole point of taking you to court is to recover the fares you avoided and to discourage others.

Once you have accepted the reason, the mitigating circumstances is lot harder to predict, but you might want to ask family members if they will give or lend you funds to pay a fine / compensation. If you are unemployed and with negligible income then might be offered a payment plan of pay £X every week.

Whilst payment plan and bit per week might sound helpful, you have to consider how you will feel in year or twos time if still paying it, and know you have court judgement sitting on your credit report rather than family member paid and settled it, and have been able to move on.

 

[SussexMan]

As others have said, make sure you have claimed the carers and Attenders allowance and when it comes through keep it to pay any potential back fares and fines.

It sounds as though you need to claim Universal Credit and Carers Allowance. You cannot claim Attendance Allowance as that is a benefit for your grandma (although if she is unable to claim it or has lost capacity then someone can claim it on her behalf). You can keep the Universal Credit and Carers Allowance but you certainly cannot keep the Attendance Allowance as that is a benefit for your grandma. Your grandma may of course choose to pay you the Attendance Allowance but you should not simply decide to pay it to yourself.

 

[cool110]

...court judgement sitting on your credit report...

That's for civil judgements, not criminal fines. Those only ever show as part of enforcement action after missing a payment.

 

[Snow1964]

That's for civil judgements, not criminal fines. Those only ever show as part of enforcement action after missing a payment.

Sorry, my misunderstanding, I thought instalments are form of credit and were notified. Whereas a fine paid as single lump sum isn't notified as credit agreement.

 

[Puffing Devil]

Thank you so much for this!
Regarding the fine, as I’m unemployed would it matter to them if I were to pay this through a loan from my family? Or would it have to come from me?

To be very blunt, the court does not care where the money comes from - it just wants to be paid. And it's the only debt you can be imprisoned for not paying.

Thank you for your response.
I believe my fine to TfL is about £600, I have no earning nor any benefits, do you know what they’ll charge me in total of the court charges and everything else?

When you say fine, I'm thinking this is the compensation that TfL is asking for in terms of the fares you avoided. Below is an estimate of what to expect in court, given that you have no income, the court will assume a minimum income of £120 per week

Fine £80.00 Based on a single offence, which they may take as a Band B, which is 100% of weekly income, less 1/3 for a prompt guilty plea. This fine may be more or less, depending on how the court views the multiple offences. You'll most likely be charged with one and TfL will ask that the others "be taken into consideration". You won't be sentenced for them directly, though the fine set will reflect the whole set of offences.
Compensation £600.00 - This is what I believe when you talk about the TfL fine - the fares they say you have evaded
Surcharge - £32.00 a random 40% added on to all fines because the government can.
Prosecution costs - £185.00 TfL may have already said what these would be. This is my estimate, others may have more up to date or actual figures.

Total £897.00

Courts normally want fines to be paid off in a year, though will allow compensation to stretch to 2/3 years. On an income of £120/week, £10 per week is expected to be paid. That would clear the debt in two years and is inline with the court's expectations.

Raising the money as a loan in your family may be better for you - circumstances change, you may not be able to keep the repayments up to the court. Your family cannot send you to jail if you don't pay.

You can agree to a payment plan with the court and then pay off the whole amount soon after. As I said, the court just wants the money. They will not be bothered if it comes in sooner than expected. if that is the plan, better not to tell the court. Go in and agree a repayment schedule from the outset.

 

[jjhat]

To be very blunt, the court does not care where the money comes from - it just wants to be paid. And it's the only debt you can be imprisoned for not paying.




When you say fine, I'm thinking this is the compensation that TfL is asking for in terms of the fares you avoided. Below is an estimate of what to expect in court, given that you have no income, the court will assume a minimum income of £120 per week

Fine £80.00 Based on a single offence, which they may take as a Band B, which is 100% of weekly income, less 1/3 for a prompt guilty plea. This fine may be more or less, depending on how the court views the multiple offences. You'll most likely be charged with one and TfL will ask that the others "be taken into consideration". You won't be sentenced for them directly, though the fine set will reflect the whole set of offences.
Compensation £600.00 - This is what I believe when you talk about the TfL fine - the fares they say you have evaded
Surcharge - £32.00 a random 40% added on to all fines because the government can.
Prosecution costs - £185.00 TfL may have already said what these would be. This is my estimate, others may have more up to date or actual figures.

Total £897.00

Courts normally want fines to be paid off in a year, though will allow compensation to stretch to 2/3 years. On an income of £120/week, £10 per week is expected to be paid. That would clear the debt in two years and is inline with the court's expectations.

Raising the money as a loan in your family may be better for you - circumstances change, you may not be able to keep the repayments up to the court. Your family cannot send you to jail if you don't pay.

You can agree to a payment plan with the court and then pay off the whole amount soon after. As I said, the court just wants the money. They will not be bothered if it comes in sooner than expected. if that is the plan, better not to tell the court. Go in and agree a repayment schedule from the outset.

Thank you. This is very helpful. Do you happen to know if there’s an option to pay there whilst I’m at the court?

As requested to post, this is the letter I was sent

Thank you. This is very helpful. Do you happen to know if there’s an option to pay there whilst I’m at the court?

As requested to post, this is the letter I was sent

I’d also like to add, they did attach my journeys too

 

[Puffing Devil]

Thanks for posting the documentation. You do have 50 other offences to be taken into consideration (TIC). When sentencing for a simple rail fare evasion, the courts would usually go for a Band A fine, which is 50% of your weekly income. With other offences TIC, the guidance is that it may be proportionate to move up a category. In this case it would be a Band B fine, which is 100% of your weekly income. There is a 1/3 discount for a prompt guilty plea. Please, do not take this as a guarantee - courts generally stick to the guidelines, though there may be other factors which we are not aware of and fines may go up or down. 50 additional "TICs" is a large amount. Whatever happens, if you have a clean record, you will not go to prison.

Based on your shared information, here's my estimate of the financial outcome.

Fine after plea discount - Band B - £120 less 1/3 for early guilty plea
£80.00
Compensation
£255.80
Surcharge
£32.00
Prosecution costs
£375.00

Total
£742.80

Very few courts have cash offices anymore. If you want to pay in full, the court will generally allow 10 days to pay and will provide details of how to pay. Most likely, it is cash or cheque at a bank or post office or card online or by phone.

As you have attested to in this thread, it's very important that you complete the Means Information (MC100) before you attend court to show that you have no income.

 

[jjhat]

Thanks for posting the documentation. You do have 50 other offences to be taken into consideration (TIC). When sentencing for a simple rail fare evasion, the courts would usually go for a Band A fine, which is 50% of your weekly income. With other offences TIC, the guidance is that it may be proportionate to move up a category. In this case it would be a Band B fine, which is 100% of your weekly income. There is a 1/3 discount for a prompt guilty plea. Please, do not take this as a guarantee - courts generally stick to the guidelines, though there may be other factors which we are not aware of and fines may go up or down. 50 additional "TICs" is a large amount. Whatever happens, if you have a clean record, you will not go to prison.

Based on your shared information, here's my estimate of the financial outcome.

Fine after plea discount - Band B - £120 less 1/3 for early guilty plea
£80.00
Compensation
£255.80
Surcharge
£32.00
Prosecution costs
£375.00

Total
£742.80

Very few courts have cash offices anymore. If you want to pay in full, the court will generally allow 10 days to pay and will provide details of how to pay. Most likely, it is cash or cheque at a bank or post office or card online or by phone.

As you have attested to in this thread, it's very important that you complete the Means Information (MC100) before you attend court to show that you have no income.

Thank you for this

Is there a chance of me going to prison if my record isn’t clean? Something that happened years ago when I was 18?

 

[Haywain]

Thank you for this

Is there a chance of me going to prison if my record isn’t clean? Something that happened years ago when I was 18?

The chances of going to prison for a fare evasion offence are really, really small. Even in your situation.

 

[Enthusiast]

Some walk-ins left through the secure dock......

Never to be seen again??

 

[Puffing Devil]

The chances of going to prison for a fare evasion offence are really, really small. Even in your situation.

Agreed - you would need a record of severe and sustained fare evasion with repeated court visits to get close to prison. Also, rechecking the paperwork, you've been charged with a byelaw offence, which is punishable only by a fine, so there is no chance at all of a prison sentence. Apologies if I scared you earlier; I try to cover all eventualities, even the extremes.

Never to be seen again??

Well, not for a few weeks or months.....

 

[jjhat]

Agreed - you would need a record of severe and sustained fare evasion with repeated court visits to get close to prison. Also, rechecking the paperwork, you've been charged with a byelaw offence, which is punishable only by a fine, so there is no chance at all of a prison sentence. Apologies if I scared you earlier; I try to cover all eventualities, even the extremes.



Well, not for a few weeks or months.....

They asked for my to respond to the letter with a mitigating statement, do I just plead guilt here and leave it at that? Also the ‘statement the accused may wish to volunteer’ can I apologise there or will they not care?

 

[Puffing Devil]

They asked for my to respond to the letter with a mitigating statement, do I just plead guilt here and leave it at that? Also the ‘statement the accused may wish to volunteer’ can I apologise there or will they not care?

Apologies if this has been hanging - I've been offline for the weekend.

You may wish to draft a mitigation statement - either write it on the form in the space provided or type it neatly and print it out and include with with the return to the court. Write "Please see attached" in the box.

It will then be read out in court or passed to the Magistrates to read. That may be a better option for you if you're not confident speaking in court, which can be a very stressful experience for many. A statement may not make a large difference to the overall outcome, though the bench may take a light approach with the TICs that you have.

In your statement, you can say how sorry you are, how you have learned from the experience and why it will not happen again. You may say you made a very bad decision during a period of extended financial hardship and you understand that is no excuse and it was wrong.