Missuse of Freedom Pass

[Laticia]

Hello everyone!
I was cought using (stupidly) my mother's Freedom Pass last week. I was stopped at the exit gates by a TFL officer who confiscufated the Pass, took my details (name, address, what I work, and he asked whoes pass was this and were I was born???) I answered to all questions and fully cooperated, he did contact an office to confirm my identity and let me go saying I am not in that much troublle (which I know is not the case). Two days after I reseived the letter (I am attaching to this post) and now I have to give my answer. I know from reading the forum for the past few days that sobbing stories and excuses wont help but my question here is if I want to use help from solisitour is this better done at this stage? Also if I (most likely) end up with a criminal conviction, I know from previous coments here on these forum that this is kept in the records for a year, does this mean if I need to apply for a VISA for USA for example this will also last for a year or I will need to apply through the embassy forever instead of online?
If I plead guilty at this stage what is most likely to happen next?
What would the advice be here, to seek profecional help now or write the letter myself?
I don't take this lightly at all and I understand the impact of my action is my responsibility which I fully understand.
I am happy to answer all questions you have for me to be able to give best advice.
Thank you for your help!

 

[Titfield]

May I suggest you read the following thread very carefully and then return to discuss.

Caught using freedom pass - please help!!

So as many posts, I have been caught using my mum’s 60+ oyster card for free travel. I know it was wrong, I was stupid and honestly I just needed free travel to commute to my part time job for the time being to build up some money. I will save time by writing the generic stuff. For my...

www.railforums.co.uk

As you will see TfL normally prosecute these cases but we have seen cases where a warning letter has been issued. These cases all seem to have involved the employment of a solicitor.

 

[TheJester]

If convicted you may not be able to apply for an ESTA and will need to visit the embassy for a visa.

It is still not clear what the US consider ‘moral turpidude’. You would take a risk in applying and not declaring it.
The USA do not recognise our rehabilitation of offenders act.

 

[Laticia]

If convicted you may not be able to apply for an ESTA and will need to visit the embassy for a visa.

It is still not clear what the US consider ‘moral turpidude’. You would take a risk in applying and not declaring it.
The USA do not recognise our rehabilitation of offenders act

IS this for untull one year or it reamins forever? If yes, may be better to employment of a solicitor, not to mencion that I work in accountancy (I am not a chartered accountant though) and the officer who stopped me asked about my proffecion two times.

 

[WesternLancer]

All I can say is it's a good thing you work with numbers rather than the written word.

I’m assuming English isn’t the op’s first language perhaps.

Which may make it difficult to write something to persuade TfL not to prosecute given prosecution is their standard approach.

 

[Laticia]

Yes, I am sorry English is not my first, not even my second language and is not my best and I know it needs work.
I already contacted a solicitor and my initial consultation with them is tomorrow. I will take it from there I guess and will post here again.

 

[WesternLancer]

Yes, I am sorry English is not my first, not even my second language and is not my best and I know it needs work.
I already contacted a solicitor and my initial consultation with them is tomorrow. I will take it from there I guess and will post here again.

If you are seeking a solicitors help I would suggest seeking a quote from one or more of the firms that specialises in ticket evasion work.

 

[Bungle158]

If convicted you may not be able to apply for an ESTA and will need to visit the embassy for a visa.

It is still not clear what the US consider ‘moral turpidude’. You would take a risk in applying and not declaring it.
The USA do not recognise our rehabilitation of offenders act.

Moral Turpitude is difficult to define because it describes a type of crime as opposed to specific offences.

On a general, rather than personal note. Whilst so called petty offences, involving non custodial disposal and carrying a maximum tariff of less than 12 months imprisonment may not be moral turpitude, 2 or more convictions for similar offences could be.

A false or incomplete declaration connected with any form of entry to the USA can result in criminal procedures within, and likely deportation from that country

 

[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 you've been sent is TfL's standard verification letter and is your opportunity to tell TfL about anything you want them to take into account when the y decide how to proceed.

TfL do not offer out of court settlements but they have been known to offer a final warning in very limited circumstances. While we cannot guarantee it, recent cases indicate that there is a far greater chance of a favourable outcome if you engage the services of a solicitor who specialises in rail fare evasion. These don't come cheap and there can be no guarantee of obtaining a warning. It is possible that TfL might still decide to prosecute, resulting in you having to pay the fine, surcharge, costs etc as well as the solicitor fee.

As for the impact on travelling to the USA we cannt really advise on this. We are a collective of people who are expert in rail fare matters and the impact of convictions on travel and applying for visas is outside our area of expertise.

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