Misuse of a freedom pass

[liked]

Dear all,

Last week, 2 TFL staff members approached me on a bus after I used my grandma's freedom pass. At the time, I was travelling from my university, and I was stopped by the staff members who asked for the Freedom Pass and my ID. I hesitated but complied, and as panic set in, I mistakenly claimed I didn’t have enough money on my Oyster card, which was untrue (I had been using the pass to travel from and to university since September). The staff members ask for the oyster and check the balance responding that there was still some money left before returning it to me. After noting down the details on my ID, they informed me that I would receive a letter and that my grandma could reapply for a new pass after confiscating the old one.

I used my grandma's pass to save money, as I am a full-time student and currently unemployed. Even though I knew it was wrong, I still used the pass and deeply regretted my actions. I take full responsibility for what I've done and I'm prepared to plead guilty and pay any fines that result from this misuse. I would like to add that my grandma, who is a non-English speaker, is aware that I’ve been using her pass, but I do not think she fully understood the potential consequences.

Some questions I have: Since my grandma knew, will she be able to apply for a new pass like the staff members mentioned? I understand the staff members were not aware of the full situation so their response might have been different if I had told them. I also spoke untruthfully while on the bus, will this affect the outcome of the case? My memory is quite hazy so I don't remember exactly what happened.

Today, I received my letter (attached) and must respond within 10 days. I'm prepared to respond by e-mail but I'm not sure what to write.

I've briefly looked at other threads with the misuse of a freedom pass but all situations and conclusions were different. I have been stressed and scared as this is my first offence so any advice or questions that would help in my situation would be great. I hope I haven't missed any major points...

 

[notmyrealname]

Welcome to the forum.

If you're not sure what to put on the form you can post your draft reply and people will help you to make it as good as it can be.

I'm not sure of the answer for your grandmother but the experts here will know.

 

[Hadders]

Welcome to the forum!

Transport for London take misuse of Freedom Passes cards very seriously and a prosecution under the TfL Bylaws is the usual outcome. We specialise in rail fare evasion cases rather than bus cases on here but given that you're dealing with TfL the outcome is unlikely to be different.

What TfL have sent you is a Verification Letter. This asks you to confirm or deny the incident and is an opportunity for you to tell TfL about any mitigating circumstances you want 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 - normally reduced by a third of 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.

As far as I know your grandma will be able to apply for a new card, although I'm not exactly sure what the procedure is for this. What you told the inspector on the bus is unlikely to advserely impact the outcome of the case.

Some people have reported that using a solicitor to assist in presenting their mitigation can sometimes result in a more favourable outcome. The decision on whether or not to use a solicitor is one that only you can make - solicitors specialising in fare evasion aren't cheap and you will still have to pay their fee even if they are unable to negotiate a more favourable outcome for you.

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

 

[liked]

Welcome to the forum.

If you're not sure what to put on the form you can post your draft reply and people will help you to make it as good as it can be.

I'm not sure of the answer for your grandmother but the experts here will know.

Thank you, I'm working on the response.

Welcome to the forum!

Transport for London take misuse of Freedom Passes cards very seriously and a prosecution under the TfL Bylaws is the usual outcome. We specialise in rail fare evasion cases rather than bus cases on here but given that you're dealing with TfL the outcome is unlikely to be different.

What TfL have sent you is a Verification Letter. This asks you to confirm or deny the incident and is an opportunity for you to tell TfL about any mitigating circumstances you want 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 - normally reduced by a third of 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.

As far as I know your grandma will be able to apply for a new card, although I'm not exactly sure what the procedure is for this. What you told the inspector on the bus is unlikely to advserely impact the outcome of the case.

Some people have reported that using a solicitor to assist in presenting their mitigation can sometimes result in a more favourable outcome. The decision on whether or not to use a solicitor is one that only you can make - solicitors specialising in fare evasion aren't cheap and you will still have to pay their fee even if they are unable to negotiate a more favourable outcome for you.

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 your advice.

I've been using the pass on the London bus as well as the rail; they just happen to approach me on the bus. But I'm certain they can track the travel history for this.

As a full-time student and unemployed, the only source of income is from a maintenance loan. I assume the fine will be based on this? I've already let my family know about my situation and my parents are reluctant to help.

My mum helped my grandma reapply for the pass, she told me that there were only 2 options to choose from; stolen or lost so she chose the option "lost" which was the most reasonable one. I believe she will receive a new pass in a week.

 

[Hadders]

I've been using the pass on the London bus as well as the rail; they just happen to approach me on the bus. But I'm certain they can track the travel history for this.

They wil be able to track the travel history.

As a full-time student and unemployed, the only source of income is from a maintenance loan.

I do have some sympathy but what you did was wrong. Students can apply for an 18+ Student Oyster card that gives disconted travel on normal fares.

I assume the fine will be based on this? I've already let my family know about my situation and my parents are reluctant to help.

You will be sent a form along with the SJPN where you have to state your income. I think (and I stand to be corrected) that if you have no income then they assume an income of £120 per week. If you do not fill in and return the form then a weekly income of £440 is assumed.

 

[liked]

They wil be able to track the travel history.


I do have some sympathy but what you did was wrong. Students can apply for an 18+ Student Oyster card that gives disconted travel on normal fares.


You will be sent a form along with the SJPN where you have to state your income. I think (and I stand to be corrected) that if you have no income then they assume an income of £120 per week. If you do not fill in and return the form then a weekly income of £440 is assumed.

Unfortunately, I don't believe I can apply for the 18+ Student Oyster as I do not live in a London borough. I live outside of London and travel from home. I recall attempting to apply for it at the beginning of the school year, but was unsuccessful - although, I could be mistaken. That said, I did successfully apply for a 16-25 Railcard which is linked to my regular blue oyster. However, this only provides discounts on rail fares. Even so, I understand that none of this excuses my use of the Freedom Pass.
I assume these will be sent through e-mail once I respond to the verification letter.

 

[Hadders]

Unfortunately, I don't believe I can apply for the 18+ Student Oyster as I do not live in a London borough. I live outside of London and travel from home. I recall attempting to apply for it at the beginning of the school year, but was unsuccessful - although, I could be mistaken. That said, I did successfully apply for a 16-25 Railcard which is linked to my regular blue oyster. However, this only provides discounts on rail fares. Even so, I understand that none of this excuses my use of the Freedom Pass.
I assume these will be sent through e-mail once I respond to the verification letter.

You have to live in a London Borough to quaift for a 18+ Student Oyster. The 16-25 Railcard added to a normal PAYG Oyster card means you get a 33% discount on off-peak rail fares and benefit from a discounted off-peak daily cap.

 

[liked]

Hi everyone, this is my draft response to the verification letter... Is it too short? If it is, what else should I add? Any other improvements are welcome...

Dear Investigations Appeals, and Prosecutions Team,

I am writing in response to the verification letter I received last week regarding case number ****.

I want to express my deepest apologies for what happened; my actions were completely wrong and inexcusable and I sincerely regret my actions. This incident has been a major learning experience, and I now fully understand the severity and importance of following the rules. I take full responsibility for my actions and am prepared to cooperate fully with the process. I'm eager to settle this matter without the need of court action and would like to offer to pay the outstanding fare along with TfL's administrative costs in handling this case. Please accept my sincere apologies for any harm I may have caused to the TFL and I appreciate your understanding. I hope we can resolve this matter promptly.

Kind regards,
****

 

[AlterEgo]

Hi everyone, this is my draft response to the verification letter... Is it too short? If it is, what else should I add? Any other improvements are welcome...

Dear Investigations Appeals, and Prosecutions Team,

I am writing in response to the verification letter I received last week regarding case number ****.

I want to express my deepest apologies for what happened

What happened? Think about if someone hurt or insulted you, or stole from you. Do you think "I'm sorry for what happened" sounds very sincere? Or, do you think "I am sorry for [whatever you actually did]" sounds better?

If someone stole from me I think I would want a bit more than "I am sorry for what happened" - that is dreadfully passive and takes no ownership.

; my actions were completely wrong and inexcusable and I sincerely regret my actions. This incident has been a major learning experience

I now fully understand the severity and importance of following the rules.

This makes no grammatical sense. Severity of what? The way it reads here you understand the severity of following the rules, which makes no sense.

I take full responsibility for my actions and am prepared to cooperate fully with the process. I'm eager to settle this matter without the need of court action and would like to offer to pay the outstanding fare along with TfL's administrative costs in handling this case.

TfL do not offer this. It's a warning or court, usually the latter. So there is no value in asking to settle. You're asking to be let off with a warning.

Please accept my sincere apologies for any harm I may have caused to the TFL

TfL is a company, it is not "the" TfL. No definite article. It's just "TfL."

and I appreciate your understanding. I hope we can resolve this matter promptly.

Kind regards,
****

You need to fill out the letter to make it sound like you actually are sorry and understand what is wrong. The whole thing is too brief and insincere - it's just @Hadders' points strung into sentences rather than bullet points - and should be about double the length.

Nonetheless be under no illusions - TfL will almost certainly prosecute you anyway unless you get a solicitor, but it does not hurt to try to get a warning.

 

[liked]

What happened? Think about if someone hurt or insulted you, or stole from you. Do you think "I'm sorry for what happened" sounds very sincere? Or, do you think "I am sorry for [whatever you actually did]" sounds better?

If someone stole from me I think I would want a bit more than "I am sorry for what happened" - that is dreadfully passive and takes no ownership.






This makes no grammatical sense. Severity of what? The way it reads here you understand the severity of following the rules, which makes no sense.


TfL do not offer this. It's a warning or court, usually the latter. So there is no value in asking to settle. You're asking to be let off with a warning.


TfL is a company, it is not "the" TfL. No definite article. It's just "TfL."



You need to fill out the letter to make it sound like you actually are sorry and understand what is wrong. The whole thing is too brief and insincere - it's just @Hadders' points strung into sentences rather than bullet points - and should be about double the length.

Nonetheless be under no illusions - TfL will almost certainly prosecute you anyway unless you get a solicitor, but it does not hurt to try to get a warning.

Thank you for your guidance. It's a habit of mine to sound blunt and follow instructions, although I know it's not the time to do so.
Let me know whether this is better and long enough. Any more suggestions would be gratefully appreciated.

Dear Investigations Appeals, and Prosecutions Team,

I am writing in response to the verification letter I received last week regarding case number ****.

I want to express my deepest apologies for the misuse of my grandma's Freedom Pass. On the day of the incident, I was stopped after wrongfully using her pass to travel home from university. I fully acknowledge that my actions were wrong and inexcusable, and I deeply regret making this poor decision. Since then, I have been using my Oyster card to travel in and out of London, and I can assure you that this will never happen again.

This incident has been a major learning experience, and I now fully understand the importance of following the rules and the consequences of failing to do so. I take full responsibility for my behaviour and am willing to pay the outstanding fare, along with TfL's administrative costs for handling this case.

I am eager to resolve this case without court action and would be truly grateful for the opportunity to receive a warning, as it would mean a great deal to me to avoid a criminal record. Please accept my sincere apologies for any inconvenience and harm I may have caused to TfL. I now understand that it is unacceptable, under any circumstances, to abuse the use of a freedom or any travel pass for that matter, that is not issued to me.

Once again, please accept my heartfelt apologies for my wrongdoings. Thank you so much for your understanding, and I hope we can resolve this matter promptly.

Kind regards,
****



Quote Reply

 

[liked]

I also have a few questions,

As for the section I need to complete in the verification letter. Do I need to complete that in this response e-mail at the end? I'm sorry if this may come across as an unnecessary question but I'm not that sure.
Do you think it’s a good idea to emphasize my age? I started my first year of university in September at 18. Before that, I rarely travelled into London. When I did, I’d use my Oyster which at the time did not have the railcard discount. I know this still isn’t an excuse for using the freedom pass but would this help?
Final question, when the letter says respond within 10 days, does it mean from the day of the incident or the day the letter was sent out.

 

[tonycockram]

Why are you offering to pay the outstanding fare along with TfL’s admin charges when this is not an option that tfl offer. It’s either a final warning or court?

 

[liked]

Why are you offering to pay the outstanding fare along with TfL’s admin charges when this is not an option that tfl offer. It’s either a final warning or court?

I see, I wasn’t quite sure about this. So in Post #3, I don’t really understand what @/Hadders meant in the 4th point. Is this for when they want to proceed with the prosecution?

 

[Hadders]

Why are you offering to pay the outstanding fare along with TfL’s admin charges when this is not an option that tfl offer. It’s either a final warning or court?

I usually advise saying this. While I'm aware that TfL do not offer out of court settlements, section 8.4 of their Revenue Enforcement & Prosecutions policy does mention paying the value of unpaid fares if a case is discontinued on puiblic interest grounds. I would not expect TfL to discontinue this sort of case of public interest grounds but offering to pay the outstanding fares is a way in which soeone caugt by TfL can at least offer to make amends.

Do feel free to suggest an alternative form of wording....

 

[liked]

I see, that makes more sense now.

 

[Fawkes Cat]

Final question, when the letter says respond within 10 days, does it mean from the day of t

My understanding is that it's from the date of the letter.

 

[liked]

Yes, I ended up looking that up along with the first question.

Could someone kindly review my draft, or is this truly the best it can be? I don’t feel it’s perfect, but I’m not entirely sure what else it might need. Additionally, I would really appreciate it if someone could answer my other question about my age in post #11.

I understand everyone is busy, but I would be very grateful for any further assistance if possible.

 

[nabi]

I really recommend going for a solicitor. The difference between the reply I wrote and the one my solicitor wrote was huge. I would have never thought of getting my medical report and including physical health issues along with the stressful things going on in my life. They also highlighted the living conditions of my country, which ended up helping me a lot.

I had also used my student Oyster card excessively for years, which turned out to be a plus factor. A solicitor can think like the deciding party and act accordingly, so its always better to have one on your side.

Although, its your choice to do it your way or get someone involved as they cant guarantee you a good decision.

 

[Hadders]

Your letter needs more adding to it if you want to have any hope of keeping this out of court. I suggest reading TfL's Revenue Enforcement & Prosecutions Policy, particularly section 8 which details the factors they will take into account when deciding whether to prosecute or not.

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

 

[liked]

I really recommend going for a solicitor. The difference between the reply I wrote and the one my solicitor wrote was huge. I would have never thought of getting my medical report and including physical health issues along with the stressful things going on in my life. They also highlighted the living conditions of my country, which ended up helping me a lot.

I had also used my student Oyster card excessively for years, which turned out to be a plus factor. A solicitor can think like the deciding party and act accordingly, so its always better to have one on your side.

Although, its your choice to do it your way or get someone involved as they cant guarantee you a good decision.

As a 1st year university student, I’m currently unemployed and can’t afford a solicitor.

 

[liked]

Your letter needs more adding to it if you want to have any hope of keeping this out of court. I suggest reading TfL's Revenue Enforcement & Prosecutions Policy, particularly section 8 which details the factors they will take into account when deciding whether to prosecute or not.

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

Thank you for the suggestion. I’ll have a look at it now and update my draft.

 

[Titfield]

As a 1st year university student, I’m currently unemployed and can’t afford a solicitor.

Contact your student union and / or student welfare officer and see if they have any arrangement with a local solicitor for reduced price services.

 

[Haywain]

I take full responsibility for what I've done and I'm prepared to plead guilty and pay any fines that result from this misuse.

If this is really the case, there is no point in bothering with a solicitor.

I am a full-time student and currently unemployed.

This will be reflected in the level of fine imposed by the court, which is based upon your current earnings. That is also the case with the victim surcharge which is a percentage of the fine. The only part that isn't based on earnings is the prosecution costs and fares avoided.

 

[30907]

This will be reflected in the level of fine imposed by the court, which is based upon your current earnings. That is also the case with the victim surcharge which is a percentage of the fine. The only part that isn't based on earnings is the prosecution costs and fares avoided.

...and as far as we can judge, TfL practice is to prosecute for a one-off offence of not having a valid ticket even when they suspect repeated cheating.
This means the starting point is a fairly small fine (even before discounts) and only the one fare. I don't think we have a handle on the level of costs they claim.

 

[liked]

Hello everyone, I will send this off tomorrow evening so any more tweaks or tips before then would be greatly appreciated. I wasn't sure whether adding my financial situation was a good idea but I can remove it if it's not. Still not sure whether I should mention my age.

Dear Investigations, Appeals, and Prosecutions Team,

I am writing in response to the verification letter I received last week regarding case number ****.

I want to express my deepest apologies for the misuse of my grandma's Freedom Pass. On the day of the incident, I was stopped after wrongfully using her pass to travel home from university. I fully acknowledge that my actions were wrong and inexcusable, and I deeply regret making that poor decision. Since then, I have been using my Oyster card to travel in and out of London, and I can assure you that this will never happen again.

This incident has been a serious wake-up call, making me fully understand the importance of following the rules and the consequences of failing to do so. As a student and someone who is unemployed, I’ve been facing financial difficulties, which influenced my poor decision at the time. While this doesn’t excuse my actions, it did affect my judgment, and I’ve since learned that there are better ways to seek financial assistance.

I am eager to resolve this case without court action. I would be truly grateful for the opportunity to receive a warning, as it would mean a great deal to me to avoid a criminal record. Please accept my sincere apologies for the loss and harm I may have caused to TfL.

Once again, please accept my heartfelt apologies. This incident has been a valuable lesson for me, and I am keen to resolve this matter as smoothly as possible and avoid any further escalation. Thank you so much for your understanding.

Kind regards,
****

 

[Fawkes Cat]

As this is my first offence

I would remove the above. That's because you have told us

I've been using the pass on the London bus as well as the rail; they just happen to approach me on the bus. But I'm certain they can track the travel history for this.

So it isn't your first offence: instead, it's the first time you have been caught. As you say, TfL may be able to check when the pass was used, so they could think you are lying here. That wouldn't be good as they might also decide that your promises to get it right in future were also untrue.

 

[liked]

Any other suggestions for the draft response? if not, I’ll sent it over in a few hours. Thank you everyone for your help!

 

[30907]

Please accept my sincere apologies for any inconvenience and harm I may have caused to TfL. I now understand that it is unacceptable, under any circumstances, to misuse a Freedom Pass or any other travel pass that is not issued to me

"the loss" would be more honest. And I would be inclined to delete the following sentence as it is superfluous.

 

[AlterEgo]

I now understand that it is unacceptable, under any circumstances, to misuse a Freedom Pass or any other travel pass that is not issued to me.

I'd take this out, as it says you didn't know understand that dodging the fare using your grandmother's Freedom Pass to pay £0 every day was wrong. It is quite obviously blatant fare evasion and anyone doing it knows it's wrong.

 

[liked]

Thank you! I’ve just implemented those suggestions.

== Doublepost prevention - post automatically merged: 29 Jan 2025 ==

Hi everyone, how do you add the signature if you're responding through e-mail?