Misuse of Freedom Pass

[Onik]

Moderator Note - I have split this into a separate thread to comply with our Forum Rules of only discussing one case in each thread.

Thank you for all the advice and guidance provided. It was very helpful given that this is such a stressful experience.

I wanted to uppdate those that helped on my case:
- As suggested by others, TfL did NOT agree to an out of court settlement. So I went ahead with the SJPN
- I called HMCTS to request an extension on the deadline given that I was emailing TfL for a settlement. There is no formal extension policy, HOWEVER, HMCTS did add a note on my account to state that I was in communication with TfL and would respond to the SJPN a few days late. HMCTS assured me that this would not affect the resolution in any way.
- Once I did submitted my plea, I received a response a few days later with the penalty amount. I am assuming that because I am unemployed, the penalty was limited to few hundred pounds.
- I did call HMCTS to ask about the impact on DBS checks, they were unhelpful in this matter. I guess I can do a check on myself to figure it out.

In all, this was a very harrowing process. My advice to others is to take action as soon as possibe and to not ignore the initial letter. I reached out to TfL on IAP@tfl.gov.uk for initial correspondence. An officer responded so emailed him directly thereafter. TfL was helpful in that they responded on the same day given that I was on a tight timeline. I called them to have the case expedited.

Hope this is helpful to others. And, again, thank you to all that helped with their insights.

Hi M8,

I'm in similar situations, caught travelling with my Dads Freedom Pass, I received letter from TFL asking me to write them back in 10days before they deal with the case/go to court.

I'm thinking of paying a solicitor for an out of court settlement.

Good to hear about your outcome,

What was the penalty like that you had to pay?

And any options for installment payments?

Edit: removed pictures.

Best

 

[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.

The letter TfL have sent you is a Verification Letter and is your opportunity to tell TfL about 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. There is nothing stopping you from using a solicitor, they don't come cheap and can't change what has happened although they might be able to present your mitigation in a better way than you can do yourself.

TfL 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 tae 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:

https://content.tfl.gov.uk/revenue-enforcement-and-prosecutions-policy.pdf

 

[Onik]

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.

The letter TfL have sent you is a Verification Letter and is your opportunity to tell TfL about 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. There is nothing stopping you from using a solicitor, they don't come cheap and can't change what has happened although they might be able to present your mitigation in a better way than you can do yourself.

TfL 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 tae 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:

https://content.tfl.gov.uk/revenue-enforcement-and-prosecutions-policy.pdf

Received an auto response from IAP,

Do you know how long they take to reply back?

 

[tkc23]

Expect 6 weeks or even longer if they decide to take you to court. My idea is to let solicitors engage within this period of time for potential settlement before SJPN is issued, but I'm not experienced in this so maybe other members could advise you further.

 

[John R]

but I'm not experienced in this so maybe other members could advise you further.

If you're not experienced in this, then better not to make any comment.

My idea is to let solicitors engage within this period of time for potential settlement before SJPN is issued

TfL does not make out of court settlement offers. It either prosecutes or, in very exceptional circumstances, issues a final warning.

Given the cost of engaging a solicitor, and the fact that you are now awaiting a response to your initial response to them, the best time to consider whether or not to use one will be after you have had a more definitive response from TfL.

 

[Onik]

Expect 6 weeks or even longer if they decide to take you to court. My idea is to let solicitors engage within this period of time for potential settlement before SJPN is issued, but I'm not experienced in this so maybe other members could advise you further.

6 weeks sounds bloody long lol, is there any other quicker way to contact them directly for an update other than this boring email: IAP@tfl.gov.uk ?

any cx service phone no?

 

[skyhigh]

6 weeks sounds bloody long lol, is there any other quicker way to contact them directly for an update other than this boring email: IAP@tfl.gov.uk ?

any cx service phone no?

You just need to wait.

Don't contact them if they haven't contacted you again.

 

[AlterEgo]

6 weeks sounds bloody long lol, is there any other quicker way to contact them directly for an update other than this boring email: IAP@tfl.gov.uk ?

any cx service phone no?

There’s no customer service here, you’re being investigated for a criminal offence. It’s in your interests to say and do nothing.

 

[Hadders]

6 weeks sounds bloody long lol, is there any other quicker way to contact them directly for an update other than this boring email: IAP@tfl.gov.uk ?

any cx service phone no?

The wheels of justice move slowly. You have to wait for your turn to be dealt with.

You're not in a strong position, you have committed a criminal offence and the matter will almost certainly end up in court. There is nothing to be gained by chasing them and could be counter-productive.

Forget a customer service phone number - you're not dealing with customer services, you're dealing with the Investigations and Prosecutions Department. They won't discuss anything over the phone with you - when dealing with investigations and prosecutions everything is in writing.

 

[island]

There’s no customer service here, you’re being investigated for a criminal offence. It’s in your interests to say and do nothing.

Indeed. If one hasn't paid, one is not a customer.

 

[Onik]

LOL I didn't use the freedom pass intentionally, I explained everything in my Mitigating Circumstance letter to IAP.

I also received email from Solicitor that there like 30% chance that they might have Out of court settlement with me!

 

[island]

LOL

This is no laughing matter.

I didn't use the freedom pass intentionally, I explained everything in my Mitigating Circumstance letter to IAP.

Intent is irrelevant as it is a strict liability offence to enter a compulsory ticket area without a proper ticket.

I also received email from Solicitor that there like 30% chance that they might have Out of court settlement with me!

You're welcome to interpret that how you will. Our experience on the forum is TfL never does out of court settlements and only very occasionally resolves misuse of free travel passes without prosecuting.

 

[Hadders]

I’m afraid whether you used the pass intentionally or not is irrelevant. The fact that you used it is sufficient to convict you.

TfL do not give out of court settlements, but if are are prosecuted and plead guilty at the earliest opportunity then the fine will normally be discounted by a third.

 

[Onik]

This is no laughing matter.

To me this is yes, because guys here sounds like you work for TFL, I thought this forum is for people who been in similar situation before, and had positive outcome after dealing with IAP.

This never happened to me before thats why I'm here,

I also don't understand why tfl don't check ticket in every station and they don't catch the true fare dodgers that I see almost everyday when travel on LU?

Last time when that tfl guy was reporting me, and police was there too, they couldn't catch like over 10 fare dodgers they just ran off. TFL ticket inspection is a serious j.o.k.e also almost every week there are issues with their service.


I feel really sad for all good honest people out there getting these dramatic fines and dealing serious anxiety.


After this incident I decided to keep away from horrible TFL, and after having my car I'm just gonna drive, or for small distances I'll just walk or ride a bike.

 

[notmyrealname]

From what I've seen here, very few people work for TfL, if any. And they don't agree with everything that TfL does, far from it I would say.

You're getting advice from people who've been helping people in your situation for a long time. Forum members who have been through the same thing don't seem to come back to advise once they sort out their problem, sadly.

 

[WesternLancer]

I thought this forum is for people who been in similar situation before, and had positive outcome after dealing with IAP.

Up to you what you think the forum is for but I don't think there are many people on this forum who achieve a positive outcome without the advice of the longstanding forum experts.

Vast majority of people who come to the forum don't tend to come back once they have resolved / concluded their own situation.

 

[Hadders]

To me this is yes, because guys here sounds like you work for TFL, I thought this forum is for people who been in similar situation before, and had positive outcome after dealing with IAP.

I have met many of the people who have given advice in this thread and none of them (or I) work for TfL.

This section of the forum exists to offer help and advice to people who are being investigated for a ticketing irregularity on the rail network.

We do not condone fare evasion but we have a number of fares and ticketing experts who regularly post and we seek to offer good practical advice on what is likely to happen to somebody under investigation. We also like to make sure the train company has followed the correct processes when investigating a case.

This never happened to me before thats why I'm here,

Based on what you have told us you have broken the law. Misuse of Freedom Passes is taken very seriously by Transport for London and they regularly prosecute.

You might not like this answer, you might feel it is unfair but we are trying to be honest with you about what is likely to happen.

I also don't understand why tfl don't check ticket in every station and they don't catch the true fare dodgers that I see almost everyday when travel on LU?

TfL do check many tickets but billions of journeys are made every year and it simply would not be possible to check every single ticket.

 

[John R]

I also don't understand why tfl don't check ticket in every station and they don't catch the true fare dodgers that I see almost everyday when travel on LU?

Most people with tickets (or these days using Oyster or contactless) are effectively checked and charged accordingly when they use the gateline. So there's no need to check everyone. What they do want to check is that people using high value (ie free) tickets are entitled to use them. As you have found out to your cost, they have a pretty effective way of doing this that doesn't rely on a purely random check of all tickets. You were pulled aside because you had such a pass and probably don't look like someone who might be entitled to it.

As to those that you see fare-dodging, I'm sure that you'll appreciate that there is a balance between stopping people and the safety of staff involved. I too am frustrated when I see people tailgating or barging through, but the increase in manpower to stop all those people would be enormous. I believe I've read that more sturdy gatelines are being trialled to reduce such activities, which shows that TfL isn't happy with the current situation.

 

[Titfield]

The assistance that we provide to people seeking our help:

(1) Helps those who are worried / stressed / highly anxious by reducing the fear of the unknown. It particularly removes the fear of imprisonment. Fear or anxiety is a very common theme articulated by those seeking our help.,
(2) Demystifies the process to those who are unsure of how the system works.
(3) Provides practical guidance to enable those seeking help to present their case in the best possible way thus at least seeking to minimise the sanction that is likely be applied.
(4) Provides an honest appraisal of the likely outcome.
(5) Encourages those who in our opinion need professional assistance (ie a solicitor) to seek such help at the appropriate time.
(6) Explains the sometimes confusing jargon / practices of the railway and how a persons actions may be viewed by both the railway and by the courts.

We know many posters are shocked at the consequences of a "genuine mistake". Whilst we are unable to turn the clock back / wave a magic wand we can at least help posters to come to the terms with this and resolve the situation with the least impact upon themselves.

We try not to be judgemental or accusatory but inevitably and regrettably sometimes our advice appears to hint at that.

Some of the forum posters (for example @Hadders @MikeWh @AlterEgo @island and others) are very very experienced in rail fare, ticketing and revenue protection matters and their sage advice will help the poster achieve the best possible outcome given the circumstances.