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TFL Fare Evasion Freedom Pass Missuse

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Hoteljk

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Joined
24 May 2022
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2
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London
Stopped by plain clothes to see pass
Presented the pass
Took down my details
Letter has come today with generic request for information. I intend to please guilty.
How do I respond.

I only used the pass once.
How do to proceed from here. What should I say as mitigating circumstances as I don’t have any as far as I can see.

Please help. I don’t want to go to court or get a criminal conviction.

Stopped by plain clothes to see pass.
Presented the pass.
Took down my details.
Letter has come today with generic request for information. I intend to plead guilty.

How do I respond?

I only used the pass once.

How do to proceed from here. What should I say as mitigating circumstances as I don’t have tbh.

Please help. I don’t want to go to court or get a criminal conviction.
 
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Wethebest838

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Welcome to the forum.

TFL tend to go for Byelaw convictions as it’s easier for them. This means you will be fined and your conviction is spent immediately but does show on enhanced DBS checks.

Can you post the letter you got but hide the your personal details?
 

Hoteljk

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Thank you
 

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Wethebest838

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London
Thank you
Well if you used a freedom pass that weren’t yours. You don’t have a leg to stand on. Even if it’s first time. You just got unlucky here. You can try and negotiate an out of court settlement but TFL very very rarely do this.
 

AlterEgo

Verified Rep - Wingin' It! Paul Lucas
Joined
30 Dec 2008
Messages
29,544
Location
LBK
Stopped by plain clothes to see pass
Presented the pass
Took down my details
Letter has come today with generic request for information. I intend to please guilty.
How do I respond.

I only used the pass once.
Be aware that TfL may make their own enquiries on this, and be prepared if they accuse you of more offences. (They have done this in the past, and often the historic offences have been difficult for them to substantiate).
How do to proceed from here. What should I say as mitigating circumstances as I don’t have any as far as I can see.
If you don’t have any mitigating circumstances then don’t mention any.
 

Mcr Warrior

Veteran Member
Joined
8 Jan 2009
Messages
17,292
@Hoteljk. Is this genuinely the one and only time that you've misused the pass, or just the first time you've been caught?

The TfL investigation/prosecution team will be able to look into previous usage of the pass. Presume also that it was confiscated, yes?
 

Haywain

Veteran Member
Joined
3 Feb 2013
Messages
24,801
They have done this in the past, and often the historic offences have been difficult for them to substantiate
Equally, such usage has been difficult for the offender to repudiate.
 

jumble

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Joined
1 Jul 2011
Messages
1,500
Well if you used a freedom pass that weren’t yours. You don’t have a leg to stand on. Even if it’s first time. You just got unlucky here. You can try and negotiate an out of court settlement but TFL very very rarely do this.
This advice may be out of date as we have been surprised to see a good few settlements out of court recently from TFL
A little bird has told me that TFL prosecutions have changed some of their procedures recently and this may have something to do with the former
 

Wethebest838

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This advice may be out of date as we have been surprised to see a good few settlements out of court recently from TFL
A little bird has told me that TFL prosecutions have changed some of their procedures recently and this may have something to do with the former
That’s good to know! I’m happy if this is the case for people. Now if only TIL could be more like this and not so stubborn ;)
 

AlterEgo

Verified Rep - Wingin' It! Paul Lucas
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This advice may be out of date as we have been surprised to see a good few settlements out of court recently from TFL
A little bird has told me that TFL prosecutions have changed some of their procedures recently and this may have something to do with the former
Hasn’t every case reaching settlement we’ve seen, involved using a solicitor so far?
 

Statto

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At home or at the pub
Hasn’t every case reaching settlement we’ve seen, involved using a solicitor so far?


TfL take Freedom Pass misuse very seriously too don't they, the OP will be very lucky if they manage to get an out of court settlement, even if it's for a first time offence?
 

madjack

Member
Joined
27 Jul 2012
Messages
83
Location
Ealing, London
Hasn’t every case reaching settlement we’ve seen, involved using a solicitor so far?
There was one recent case where the solicitor was unsuccessful but the OP wrote again (personally) and was successful. This thread: https://www.railforums.co.uk/thread...o-fare-evasion-case-please-help.229657/page-3

But that could be for any number of reasons - change of procedure from TfL, more contrition in the personal letter...?

OP if you want to argue that you only used the pass once, you should probably provide evidence of this.
 

AlbertBeale

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16 Jun 2019
Messages
3,188
Location
London
Stopped by plain clothes to see pass
Presented the pass
Took down my details
Letter has come today with generic request for information. I intend to please guilty.
How do I respond.

I only used the pass once.
How do to proceed from here. What should I say as mitigating circumstances as I don’t have any as far as I can see.

Please help. I don’t want to go to court or get a criminal conviction.

One point about this - you say you intend to plead guilty, but don't want a court conviction. But pleading guilty to a criminal charge means you have - ipso facto - got a court conviction.

I presume you mean you want to admit to the rail company that you did break the rules - but that you want to settle with them without going to court, so as to avoid having a criminal conviction.

So don't say to them that you "plead guilty", which is terminology relating to a court case - it's not the same as admitting to them that you did what they accuse you of. That terminology doesn't make sense if you want them to deal with it without going to court.
 

AlterEgo

Verified Rep - Wingin' It! Paul Lucas
Joined
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Messages
29,544
Location
LBK
TfL take Freedom Pass misuse very seriously too don't they, the OP will be very lucky if they manage to get an out of court settlement, even if it's for a first time offence?
We have seen a drip drip of cases here where some people have managed to settle, including one posted only yesterday. So it isn’t impossible.

However the OP has admitted they don’t have any mitigation so any settlement may be very difficult if not impossible to come by.
 
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