Freedom pass misuse

[throwaway12345]

Hello all,

Didn't realise how common this was.. feel so stupid!
I have been using my mum's Freedom Pass to travel for the last 1/2 months to work a few times a week and on the weekend. Today I was caught at Westminster and the lady (who was quite nice tbf) told me she had to write a report and ask me some questions. I answered truthfully (told her I'd be using for about a month, perhaps I should have said 2) and that I knew it was wrong etc.
She wrote down all my answers, called it in etc. I told her my mum didn't know (she's away for a few months) and asked if she'd get in trouble, and she said no. She then said I'd get a letter in a few weeks from TFL (the dreaded one) and I asked how much a fine was likely to be. She said it was a sliding scale but the thing to do is be honest and admit I was wrong, and the fine would likely be the sum of all the money I should have paid whilst travelling with the Pass. She also said there would be an option to settle out of court (e.g. just pay the fine).

Obviously I have to wait for the letter, but after reading through some posts here it seems that in fact, people get taken to court all the time?! I am so stressed out by this whole thing, having never been in trouble with the law before. What can I expect? Help.

 

[signed]

She also said there would be an option to settle out of court (e.g. just pay the fine).

That's not a possibility with TfL, the only other way is a final warning, but that's extremely unlikely, they do send basically everyone to court for such a violation

You can look at other threads about Freedom Pass abuse to gauge what you can expect from the process :

Search results for query: Freedom Pass

www.railforums.co.uk

 

[throwaway12345]

That's not a possibility with TfL, the only other way is a final warning, but that's extremely unlikely, they do send basically everyone to court for such a violation

You can look at other threads about Freedom Pass abuse to gauge what you can expect from the process :

Search results for query: Freedom Pass

www.railforums.co.uk

Ok, thank you for your reply. Very stressed.

 

[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.

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 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 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 (normally reduced by a third if you plead guilty at the earliest opportunity)
- 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.

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

 

[throwaway12345]

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.

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 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 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 (normally reduced by a third if you plead guilty at the earliest opportunity)
- 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.

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

Thank you for the information, very helpful.

 

[ssss24]

May I ask how did it go at the end? Are you able to handling it by not going to the court and pay the fine?

 

[Fawkes Cat]

May I ask how did it go at the end? Are you able to handling it by not going to the court and pay the fine?

Hi @ssss24 - welcome to the forum!

There's a good chance that the above case is still ongoing and there isn't a final answer yet. But if you're here because you've got a problem that looks similar, we ask that you start your own thread: every case has its own special features so we can give our best advice if you tell us all about what's happened to you. And it's much easier for us to avoid getting muddled if there are separate threads.