Sounds like an open and shut case to me. Your best bet would be to
get down to your local citizens advice bureau and get some legal
advice but i dont fancy your chances of getting off. If the reason
that the first journey was on an oyster was that is was before the
freedom pass was valid then you would have no chance !

Jamie Thompson wrote:
On 17 Oct, 08:35, Roland Perry wrote:
In message , at 22:34:06 on Thu, 16
Oct 2008, tim..... remarked:

You're going to have to come up with a convincing reason why you "just
happened" to have someone else's freedom pass in you pocket in the first
place.
Personally, I can't think of a reason I would believe if I were the jury
Depends who the Freedom Pass belonged to, and why he had it. If it was
his wife's and had picked it up from the council office that day, and
was in the process of taking it home - then the possession would be
understandable (even if the accidental nature of the use might be a more
difficult thing to explain).
--
Roland Perry

Are freedom passes oyster cards? - If so, then if you had one in your
wallet along with your normal Oyster (as suggested, say you were
picking it up or it just happened to be in a pile with the rest of
your normal credit cards et al. that morning etc.) and the barrier
reader found it before your oyster and used it instead....these are
contactless cards that live out of sight, after all.

Does anyone know what happens if you have multiple oysters next to
each other when you swipe?

Been there, done it.
I have a freedom pass & a oyster card (for use before 9am)
Not thinking I had them both in my wallet, I later found that the oyster
had been debited (no way of telling if the Freedom Pass had been scanned)

--
Tony the Dragon

In message , at 15:28:12 on Fri, 17
Oct 2008, tim..... remarked:
You're going to have to come up with a convincing reason why you "just
happened" to have someone else's freedom pass in you pocket in the first
place.

Personally, I can't think of a reason I would believe if I were the jury

Depends who the Freedom Pass belonged to, and why he had it. If it was his
wife's and had picked it up from the council office that day

Never having had one, I have no idea if it works this way, but somehow I
doubt it.

You think there is a rule that says you always have to pick them up in
person?
--
Roland Perry

"Roland Perry" wrote in message
...
In message , at 15:28:12 on Fri, 17 Oct
2008, tim..... remarked:
You're going to have to come up with a convincing reason why you "just
happened" to have someone else's freedom pass in you pocket in the first
place.

Personally, I can't think of a reason I would believe if I were the jury

Depends who the Freedom Pass belonged to, and why he had it. If it was
his
wife's and had picked it up from the council office that day

Never having had one, I have no idea if it works this way, but somehow I
doubt it.

You think there is a rule that says you always have to pick them up in
person?

From the website:

Q. Can someone go on my behalf to apply for the freedom pass?

A. No, you must apply in person. See How to apply for a freedom pass.



tim

In message , at 17:38:50 on Fri, 17
Oct 2008, tim..... remarked:
You think there is a rule that says you always have to pick them up in
person?

From the website:

Q. Can someone go on my behalf to apply for the freedom pass?

A. No, you must apply in person. See How to apply for a freedom pass.

That is applying. I'm talking about picking it (or a replacement) up.
--
Roland Perry

"Roland Perry" wrote in message
...
In message , at 17:38:50 on Fri, 17 Oct
2008, tim..... remarked:
You think there is a rule that says you always have to pick them up in
person?

From the website:

Q. Can someone go on my behalf to apply for the freedom pass?

A. No, you must apply in person. See How to apply for a freedom pass.

That is applying. I'm talking about picking it (or a replacement) up.

It doesn't explicitly say but the implication is that it's issued on the
spot

(and if it isn't surely they post it to you)

tim

In message , at 20:30:37 on Fri, 17
Oct 2008, tim..... remarked:
You think there is a rule that says you always have to pick them up in
person?

From the website:

Q. Can someone go on my behalf to apply for the freedom pass?

A. No, you must apply in person. See How to apply for a freedom pass.

That is applying. I'm talking about picking it (or a replacement) up.

It doesn't explicitly say but the implication is that it's issued on the
spot

(and if it isn't surely they post it to you)

Is there a rule against having someone collect a replacement, if yours
is lost or needs renewing?

(This is only one of several scenarios, but the most likely I think;
unless the OP has a better explanation).
--
Roland Perry

"Helen Deborah Vecht" wrote in message
...

Freedom Passes are Oyster Cards.
Freedom Passes are orange and brown, ordinary Oyster cards are blue and
bright turquoise. These colours are easily accidentally confused - not.

I read a similar story a few years ago in this very newsgroup. I didn't
believe the OP ?Michelle? then and I certainly don't believe the OP here
now.

Pull the other one, it's gt bells on!

This is it, google found it:

"On Sat, 24 Mar 2007 20:40:20 +0000, Michelle wrote:

I don't know if anyone can help, but any further advice will be much
appreciated. I recieved the letter from london underground saying
legal proceedings may be initiated against me. I'm supposed to send
the letter back within 10 days with my full details and if I want to
write any comments I can, but it will be used as evidence. I don't
know what to do or what to say. I'm still scared as to what is going
to happen. I keep thinking I'm going to prison because I was using a
freedom pass as opposed to not having a ticket. Is this likely? If
I'm fined, how much is likely in a case like mine? Would it make a
difference if I write how sorry I am and how frightened I've been? Or
should I write nothing? What happens if I don't send the letter back?
Also someone here said if I get a criminal record for this it'll last
for 5 years, is this true I thought it was for life? I honestly don't
know what to do anymore. I feel so stupid for being in a rush that day
and not thinking things through. I think someone suggested I seek help
from a solicitor, how do I go about this? Sorry I have no idea how
this works."

Remarkably similar - both spell 'recieved' the same anyway... :-)

Paul

"Roland Perry" wrote in message
...
In message , at 20:30:37 on Fri, 17 Oct
2008, tim..... remarked:
You think there is a rule that says you always have to pick them up in
person?

From the website:

Q. Can someone go on my behalf to apply for the freedom pass?

A. No, you must apply in person. See How to apply for a freedom pass.

That is applying. I'm talking about picking it (or a replacement) up.

It doesn't explicitly say but the implication is that it's issued on the
spot

(and if it isn't surely they post it to you)

Is there a rule against having someone collect a replacement, if yours is
lost or needs renewing?

It's not really going to be covered by a "rule", more like a "procedure"
that is used for everyone.

The procedure "is what it is", and I think it unlikely that it will be
"someone collects it at a date/place different to the lodging of the
application" as that is not going to be convenient for many people.

tim

On Thu, 16 Oct 2008 19:15:13 +0100, reea
wrote:


I was caught using someone elses freedom pass in error instead of my own
oyster on London Underground. My details were taken but I wasn't given
an on the spot fine. i have only just recieved a summons. I used the
freedom pass in error, I happend to be carrying it on the day and used
the freedom pass instead of my own oyster card. I have a record on my
oyster card that on the first leg of my journey i used my oyster card -
the revenue inspector was not interested. The statement he has put
together is slightly inaccurate also. I am due in court in 4 weeks and
haven't a clue what to do. I have read many forums and some people are
saying to plead guilty to get a lighter fine. I'm not concerned about
the fine but the criminal record that may be attached to this event. I
also read that it could be an idea to call the prosecution manager and
to and plead an out of court settlement - is this something anyone
would recommend. Is it worth hiring a solicitor or should I represent
myself. It was a genuine error and I do not want to receive a criminal
record because of it. Can someone advise if found guilty and fined that
also means you get a criminal record? Or you can escape a criminal
record with just a fine. I am very muddled and I don't know what to
do, I'm absolutely terrified of what is going to happen. Any answers or
advice would be appreciated. Thanks.

There are a couple of newsgroups, uk.legal.moderated and uk.legal
which may give some advice. I think the suggestion to go to the
Citizens Advice is good. Mistakes happen, just stick to the truth,
don't embellish on it and maybe the court will accept your story.