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I got caught with a freedom pass this morning
I've used it once and that is genuinely the case
I have no previous convictions
What is likely to be the outcome? I'm already aware I'll probably get a criminal record and a fine but not sure how serious a record it is and also the size of the fine when I'm earning 30000 a year!
I also do my best to help everyone but didn't help myself this morning by using my mum's pass when I had an issue with my bank card so really had no other choice than being horrendously late.
I used my mum's card unknown to her so I don't want her losing her card because of my own selfish actions.
For your convenience and to provide you with advice as quickly as possible I have copied below the advice @Hadders has previously given:
Transport for London take misuse of Freedom Passes very seriously and a prosecution under the TfL Bylaws is the usual outcome.
As for what happens next TfL will send you a Verification Letter, normally within a couple of weeks. The letter will ask you to confirm or deny the incident and ask you to give any mitigating circumstances which you would like them to take into account when deciding how to proceed.
I suggest you mention the following in your reply:
- That you are sorry for what has happened
- What you have learned from the incident
- That you are keen to settle the matter without the need for court action
- Offer to pay the outstanding fare and TfL's administrative costs in dealing with the matter
TfL generally do not offer out of court settlements although in some very limited circumstances they have been known to issue a final warning instead of prosecution. Prosecutions are normally done through what is called a Single Justice Procedure Notice. This means that if you plead guilty it is not necessary to attend court in person (unless you choose to do), you simply return the form to the court with any mitigation you want them to take into account and they will write to you with the details of the fine you have to pay.
If you are prosecuted and plead guilty (or are found guilty by the court) 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.
A criminal conviction for a railway ticketing matter won't normally affect future career prospects but do note that legally we are unable to comment or assist when it comes to immigration issues.
Here's a link to TfL's Revenue Enforcement & Prosecutions Policy which you might find worth reading:
== Doublepost prevention - post automatically merged: ==
Obviously we do not know under which by law you are being prosecuted yet but this advice from another post by @island may be helpful:
The Magistrates Courts will typically deal with an offender convicted under byelaw 18 by way of a "band A fine".
The amount of a "band A fine" is:
50% of one week's wages, with a maximum fine of £1,000, if the offender has a job and has declared their income on the court paperwork;
£60, if the offender is a student, or on benefits; or
£220, if the offender has not engaged with the court case or provided the necessary information.
The fine would then be adjusted downwards if the offender had pleaded guilty, with a reduction of one-third for a plea at the first opportunity, tapering down to one-tenth for a plea at the start of a trial. As you have chosen not to plead guilty this will not apply to you.
There are also three more amounts to pay:
A surcharge, which is 40% of the fine
Compensation for the unpaid fare
The prosecution costs
The amount TfL is claiming for the latter two items should be on your SJP paperwork, but the costs may increase if there has to be a hearing in court.
I say "typically" above for two reasons:
There is no entry in the sentencing guidelines for Railway Byelaw offences. This is unfortunate, as they occur very frequently indeed. The court will usually use the section 5 (1) Regulation of Railways Act guideline instead.
The court is not rigidly bound to follow sentencing guidelines, and it can raise or lower the punishment due to the specific facts of any individual case.
Hello
I've written a letter to TFL apologising for what I did and I am wonderibng whether it is ok or not?
Any help would be appreciated
Thanks!
I appreciate the seriousness of the offence and how wrong it was, and I am deeply sorry.
My actions were inexcusable. I am fully aware that TFL wouldn't exist as a company if people did not pay their fares and if they did what I did on the 15th of June. I have been completely ashamed of myself ever since this action. This is not only breaking the trust of my mother, but more importantly of Transport for London, the local council and the general public.
I have purchased a monthly travelcard which for years now I've been doing but recently I didn't get round to it and have learned that paying as I go is not great as I don't always leave myself alot of time to spare when travelling to work or college.
I hope that buying a travelcard shows my willingness to prevent this situation from happening again. As prevents me from arriving at a station and having to take desperate and deeply regretful measures such as using a freedom pass to travel.
Proof of purchase attached to this email.
I have felt so embarrassed at work, working for a company that helps people's mental and physical wellbeing and by doing what I've done can revert me back into a vulnerable mental state which took me years to overcome.
My job requires me to have a clean criminal record, as, I am working closely with vulnerable people and I was so proud of getting a job, in which, I can help others and by doing something so silly I could potentially have thrown it all away.
Let me be clear that this is not an excuse, but I really hope that this proves that this is, just a one off, and not something that I've done more than once.
I hope you can give me a second chance, and I can ensure that I will never ever end up in a situation such as this ever again.
At the time of being stopped, I felt so ashamed, I came clean instantly and handed over the freedom pass to revenue protection. I am not a law breaker and have never been convicted of anything in my life and I was shocked in what I had done.
I am more than happy to make an immediate payment of all unpaid fares and incurred costs by TFL for my actions. I am also willing to make an out of court settlement and I'll also fully accept a warning.
I appreciate your time in hearing what I have to say.
I hope everything I have said is clear and if there is anything that I haven't made clear then please don't hesitate to contact me
You need to write this again, but use a clear structure and do not revisit points unless you are mentioning them for a second time in the conclusion. But just to pick up on some things you have said which don't make much sense:
Don't open with this - you should say "thank you for your letter of (date)" and directly address the offence, by saying what you had done (travelled with a Freedom Pass that was not yours)
My actions were inexcusable. I am fully aware that TFL wouldn't exist as a company if people did not pay their fares and if they did what I did on the 15th of June.
I have been completely ashamed of myself ever since this action. This is not only breaking the trust of my mother, but more importantly of Transport for London, the local council and the general public.
This does not read well - do you mean to say "I have purchased a monthly travelcard. I used to do this, but I regret that when I was stopped I had not bought one and used the Freedom Pass instead"?
PAYG is contactless and the easiest and quickest way to pay. You don't even need a ticket - just tap your card. Where does this "I don't have time" come from?
I hope that buying a travelcard shows my willingness to prevent this situation from happening again. As prevents me from arriving at a station and having to take desperate and deeply regretful measures such as using a freedom pass to travel.
I have felt so embarrassed at work, working for a company that helps people's mental and physical wellbeing and by doing what I've done can revert me back into a vulnerable mental state which took me years to overcome.
My job requires me to have a clean criminal record, as, I am working closely with vulnerable people and I was so proud of getting a job, in which, I can help others and by doing something so silly I could potentially have thrown it all away.
Let me be clear that this is not an excuse, but I really hope that this proves that this is, just a one off, and not something that I've done more than once.
You can leave this out. You already explained the circumstances above, but TfL will find it very likely to be untrue that you did it only once and were caught the very first time; this would make you incredibly unlucky given the rarity of inspectors monitoring the gates. TfL know - and will likely audit the pass - to find out the journey history.
I hope you can give me a second chance, and I can ensure that I will never ever end up in a situation such as this ever again.
At the time of being stopped, I felt so ashamed, I came clean instantly and handed over the freedom pass to revenue protection. I am not a law breaker and have never been convicted of anything in my life and I was shocked in what I had done.
But you are a law breaker. You were caught red handed, using a Freedom Pass fraudulently. You will receive no credit for admitting to the obvious fact the Pass isn't yours or for handing over the pass, so don't mention this, as it sounds a bit desperate. You need to accept this fact and not try to claim you aren't culpable of the offence, because it sounds very much like not taking responsibility. Also people are shocked *at* what they have, not shocked "in" what they have done.
I was mid-way through working on an edit of your letter, but AlterEgo beat me to it. I agree with everything they've said, but I would also add that you need to structure it as a proper letter.
Dear TFL Prosecutions Department (or however they sign themselves as),
Reference: <number>
<letter>
Yours faithfully,
Firstname Lastname
However, unless I've missed something, you haven't yet received a letter from TFL. In which case DO NOTHING. Do not write to them, do not contact them. Assuming they have correct contact details for you, they will write to you in due course. Once you receive that letter, post it up here with your personal details and any reference numbers redacted, and someone here will advise on your next steps.
I was mid-way through working on an edit of your letter, but AlterEgo beat me to it. I agree with everything they've said, but I would also add that you need to structure it as a proper letter.
Dear TFL Prosecutions Department (or however they sign themselves as),
Reference: <number>
<letter>
Yours faithfully,
Firstname Lastname
However, unless I've missed something, you haven't yet received a letter from TFL. In which case DO NOTHING. Do not write to them, do not contact them. Assuming they have correct contact details for you, they will write to you in due course. Once you receive that letter, post it up here with your personal details and any reference numbers redacted, and someone here will advise on your next steps.
== Doublepost prevention - post automatically merged: ==
I attached the letter that they have sent
I received it only two days ago so I'm not sure when they were expecting my reply to be by
I know my letter is long I have redone it a bit. . I'll paste it down below
I am writing to offer my sincerest apologies for the recent misuse of my mother's Freedom Pass on the 15th June 2024. I fully understand that this pass is a valuable benefit provided to eligible individuals and that its use by anyone other than the designated person is strictly prohibited.
I have been completely ashamed of myself ever since this action. This is not only breaking the trust of my mother, but more importantly of Transport for London, the local council and the general public.
I am not excluding myself from the the seriousness of the action, but just explain how it came about.
On the day of the 15th, I went to my mum's to do a few jobs for her in the morning, while she was away on holiday. I left for work and then, when touching in at the barriers my Google pay didn't work for some reason, which I'm still not sure why and also my oyster card had too little money. I went to nearby shops in Belsize Park and noone would allow me to top-up my oyster card that I also carry around and one could have but only with cash. Due to this, I felt that I had no other choice but to go back and use my mums pass as she had left it at home while she's away on holiday. My mum's pass was in her draw and I picked it up and decided to use it without her knowledge.
In saying all this however, my actions were inexcusable, and I deeply regret any inconvenience and potential financial loss caused to Transport for London.
Yesterday, I purchased a monthly travelcard. This was something I was doing before, but recently, I hadn't the money to purchase one I have learned that this is the best way for me to organise my travel so that I won't have to resort to such desperate measures.
I hope that this shows my willingness to prevent this situation from ever happening again.
Potentially having a criminal record is very worrying to me as my job requires me to have a clean criminal record, as, I am working closely with vulnerable people and I was so proud of getting a job, in which, I can help others and by doing something so silly I could potentially have thrown it all away.
I do truly believe that even though my actions were unacceptable, that I deserve a second chance and I hope that you can see that I truly am sorry and that this was just a huge mistake on my part.
I am more than happy to make an immediate payment of all unpaid fares and incurred costs by TFL for my actions. I am willing to make an out of court settlement and a warning for my actions.
I appreciate your time in hearing what I have to say and showing how sorry I am in doing what I've done.
Once again, I would like to apologise for my unacceptable actions
I hope everything I have said is clear and if there is anything that I haven't made clear then please don't hesitate to contact me for any proof or evidence that you may need.
I'm afraid I still think this is too long. TfL have heard all the excuses under the sun and for that reason almost always prosecute for misuse of Freedom Passes, so I can't see any benefit in anything more than a brief letter saying sorry and highlighting the damage to your career that a conviction might have. As you letter stands, the explanation completely obscures the damage and the latter is far more important. I would also add that a cynic might feel that most of the explanation is just a cover story, and not really likely to be true.
That’s still too long. Cut it in half. They aren’t interested in the mechanics of your dishonesty so scrub the whole paragraph about going to your mum’s. And you have not incorporated much of the feedback given anyway - you aren’t “saying” things you are writing them, so they are not hearing you but rather reading you.
Sorry I am not the best person at writing letters which I'm sure is clear.
I have made the recommended changes
I'm still not sure whether to mention that I have bought travelcard which I have always done but recently hasn't done.
I'm sure they don't care either way and will prosecute anyway but I'm just wondering if it's worth putting in
..........
I am writing to offer my sincerest apologies for the recent misuse of my mother's Freedom Pass on the 15th June 2024. I fully understand that this pass is a valuable benefit provided to eligible individuals and that its use by anyone other than the designated person is strictly prohibited and is very damaging to TFLs finances.
I have been completely ashamed of myself ever since this action. This is not only breaking the trust of my mother, but more importantly of Transport for London, the local council and the general public.
My actions were inexcusable, and I deeply regret any inconvenience and financial losses caused to Transport for London.
Potentially having a criminal record is very worrying to me as my job requires me to have a clean criminal record, as, I am working closely with vulnerable people and I was so proud of getting a job, in which, I can help others and by doing something so silly I could potentially have thrown it all away.
I do truly believe that even though my actions were unacceptable, that I deserve a second chance and I hope that you can see that I truly am sorry and that this was just a huge mistake on my part.
I am more than happy to make an immediate payment of all unpaid fares and incurred costs by TFL for my actions. I am willing to make an out of court settlement and a warning for my actions.
I appreciate your time in hearing what I have to say and showing how sorry I am in doing what I've done.
Once again, I would like to apologise for my unacceptable actions
I hope everything I have said is clear and if there is anything that I haven't made clear then please don't hesitate to contact me.
Ok, let's go through this. My edits are in bold or strike-through, comments are in bold italics or just italics.
Dear Investigations Team,
Reference: <reference number>
I am writing to offer my sincerest apologies for the recent misuse of my mother's Freedom Pass on the 15th June 2024. I fully understand that this pass is a valuable benefit provided to eligible individuals and that its use by anyone other than the designated person is strictly prohibited and is very damaging to TFLs finances.
I have been completely ashamed of myself ever since this action. This is not only breaking the trust of my mother, but more importantly of Transport for London, the local council and the general public. My actions were It was inexcusable, and I deeply regret any inconvenience and financial losses caused to Transport for London. <- Fluff, not needed.
Potentially having a criminal recordconviction is very worrying to me as my job requires me to have a clean criminal record, as, I am workingwork closely with vulnerable people. and I was soI am very proud of getting having a job, in which, I can help others, and by doing something so silly I could potentially have thrown it all away.
^^^ By all means keep this paragraph in but don't expect it to hold any weight with them.
I do truly believe that even though my actions were unacceptable, that I deserve a second chance and I hope that you can see that I truly am sorry and that this was just a huge mistake on my part.
^^^ You're laying it on a bit thick here. But, we can use some of this later.
I am more than happy to make an immediate payment of all unpaid fares and incurred costs by TFL for my actions. I am willing to make an out of court settlement and a warning for my actions.
^^^ You're not in a position here to be telling TfL what you're willing to pay. You need to make it clear that you'll pay whatever they consider to be reasonable without question. Something like:
I appreciate your time in reading my response, and I hope it expresses how sorry I am. If possible, I would be most grateful for the opportunity to settle this matter out of court, through a financial settlement or however TfL feels is most appropriate.
I appreciate your time in hearing what I have to say and showing how sorry I am in doing what I've done.
Once again, I would like to apologise for my unacceptable actions
I hope everything I have said is clear and if there is anything that I haven't made clear then please don't hesitate to contact me.<- Fluff, not needed.
Yours faithfully,
Firstname Lastname
Next, let's remove all the edit markup, which leaves us with this:
Dear Investigations Team,
Reference: <reference number>
I am writing to offer my sincerest apologies for the recent misuse of my mother's Freedom Pass on the 15th June 2024. I fully understand that this pass is a valuable benefit provided to eligible individuals and that its use by anyone other than the designated person is strictly prohibited and is very damaging to TfL's finances.
I have been completely ashamed of myself ever since this action. It was inexcusable, and I deeply regret any inconvenience and financial losses caused to Transport for London.
Potentially having a criminal conviction is very worrying to me as my job requires me to have a clean criminal record, as I work closely with vulnerable people. I am very proud of having a job in which I can help others, and by doing something so silly I could potentially have thrown it all away.
I appreciate your time in reading my response, and I hope it expresses how sorry I am. If possible, I would be most grateful for the opportunity to settle this matter out of court, through a financial settlement or however TfL feels is most appropriate.
Yours faithfully,
Firstname Lastname
I'm sure other members of the forum will comment and make their own edits, so it would be worth giving them a chance to do that. The only other thing I can add is that it might be worth you re-writing it using my letter as a template so it sounds like it's coming from you and not me, but that's up to you. I've left bits in there that I might have removed in someone else's letter, so it at least sounds a bit like you wrote it!
Ok, let's go through this. My edits are in bold or strike-through, comments are in bold italics or just italics.
Dear Investigations Team,
Reference: <reference number>
I am writing to offer my sincerest apologies for the recent misuse of my mother's Freedom Pass on the 15th June 2024. I fully understand that this pass is a valuable benefit provided to eligible individuals and that its use by anyone other than the designated person is strictly prohibited and is very damaging to TFLs finances.
I have been completely ashamed of myself ever since this action. This is not only breaking the trust of my mother, but more importantly of Transport for London, the local council and the general public. My actions were It was inexcusable, and I deeply regret any inconvenience and financial losses caused to Transport for London. <- Fluff, not needed.
Potentially having a criminal recordconviction is very worrying to me as my job requires me to have a clean criminal record, as, I am workingwork closely with vulnerable people. and I was soI am very proud of getting having a job, in which, I can help others, and by doing something so silly I could potentially have thrown it all away.
^^^ By all means keep this paragraph in but don't expect it to hold any weight with them.
I do truly believe that even though my actions were unacceptable, that I deserve a second chance and I hope that you can see that I truly am sorry and that this was just a huge mistake on my part.
^^^ You're laying it on a bit thick here. But, we can use some of this later.
I am more than happy to make an immediate payment of all unpaid fares and incurred costs by TFL for my actions. I am willing to make an out of court settlement and a warning for my actions.
^^^ You're not in a position here to be telling TfL what you're willing to pay. You need to make it clear that you'll pay whatever they consider to be reasonable without question. Something like:
I appreciate your time in reading my response, and I hope it expresses how sorry I am. If possible, I would be most grateful for the opportunity to settle this matter out of court, through a financial settlement or however TfL feels is most appropriate.
I appreciate your time in hearing what I have to say and showing how sorry I am in doing what I've done.
Once again, I would like to apologise for my unacceptable actions
I hope everything I have said is clear and if there is anything that I haven't made clear then please don't hesitate to contact me.<- Fluff, not needed.
Yours faithfully,
Firstname Lastname
Next, let's remove all the edit markup, which leaves us with this:
Dear Investigations Team,
Reference: <reference number>
I am writing to offer my sincerest apologies for the recent misuse of my mother's Freedom Pass on the 15th June 2024. I fully understand that this pass is a valuable benefit provided to eligible individuals and that its use by anyone other than the designated person is strictly prohibited and is very damaging to TfL's finances.
I have been completely ashamed of myself ever since this action. It was inexcusable, and I deeply regret any inconvenience and financial losses caused to Transport for London.
Potentially having a criminal conviction is very worrying to me as my job requires me to have a clean criminal record, as I work closely with vulnerable people. I am very proud of having a job in which I can help others, and by doing something so silly I could potentially have thrown it all away.
I appreciate your time in reading my response, and I hope it expresses how sorry I am. If possible, I would be most grateful for the opportunity to settle this matter out of court, through a financial settlement or however TfL feels is most appropriate.
Yours faithfully,
Firstname Lastname
I'm sure other members of the forum will comment and make their own edits, so it would be worth giving them a chance to do that. The only other thing I can add is that it might be worth you re-writing it using my letter as a template so it sounds like it's coming from you and not me, but that's up to you. I've left bits in there that I might have removed in someone else's letter, so it at least sounds a bit like you wrote it!
