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Caught using freedom pass

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RoboJock8

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So on Monday, I was caught using a family member’s freedom pass on the tube. The place I was caught is somewhere I go frequently. I don’t want to say where but it’s a major central London station. The person has only had the pass for a few months. Maybe start of December they got it. But I will admit I have used it a lot in that time. Maybe 20+ times. I usually frequent between 4 areas and sometimes even use it on the bus. When I was caught I tried to see if I could get off with a warning and lied saying I must have accidentally picked it up and this is the first time it happened. He said he’s going to report it regardless and I can explain it to them when they send the letter.

I’m just wanting to plan my next steps cos I obviously shouldn’t have lied. So I wanna make sure I’m well informed about the next steps.

The guy told me I can explain the situation and they’ll make you pay a fine and you’ll get a criminal conviction that only lasts a year. Obviously he told me this thinking that it was a one off. He said it’s unlikely they’ll give you a warning.

It’s worth noting i saw revenue control officer on his badge (I think. What exactly is that role? And how does it affect my situation ?)

I am going to stop doing this altogether and do feel remorse over the whole situation. I’m someone who has severe mental health issues and anxiety and this is something that is documented with doctors. I’ve been on several antidepressants (not currently on any). Is it worth getting a doctors note and mentioning this as part of my case ?

I am to understand that I will first get sent a letter asking to explain what happened etc. is this correct ? I would like to know what exactly the first letter would say ? Will it say what I did and what I’m being fined for and how much etc ? Or will they only do the investigation after I respond back ?

Is it worth mentioning in my response about how I’m unemployed currently and don’t have a job and that’s why I was using it ? Also what happens to my family member’s disabled freedom pass ? The guy said it’ll be deactivated and they can reapply. Will that person face any consequences ?

How long does it take for the first letter to come ? And once I respond back how long does it take for the verdict ?

And finally I know that you’ll get a potential criminal conviction. How long is this for ? He said it’s only a year. And how will this affect my career ? I’m currently unemployed and looking for a grad job and I’ve had a nightmare even finding a job as it is. Will this make it any worse ?

I’m stressing so much about this so please do ask me any details that you think will help.
 
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Titfield

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Based on the template advice forum member @Hadders has drafted and given previously.

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.

TfL will send you a Verification Letter in the next 2 - 3 weeks. It may be sooner, it may be later depending on their volume of cases. 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 relative will be able to apply for a new card, although I'm not exactly sure what the procedure is for this. Again as far as we know there are no consequences for them other than having to apply for a new card.

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

EDIT

I notice you refer to using someone else's freedom pass as well. It is very unlikely that they will associate that pass with you. You are not required to incriminate yourself in your admissions. Please for your own good cease using other persons passes otherwise this situation could escalate into something quite serious.

Medical conditions are unlikely to have any bearing on the decision that TfL take unless it can be proven that the condition impaired your judgement. With all due respect this is very unlikely based on what you have told us.
 

AlterEgo

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The guy told me I can explain the situation and they’ll make you pay a fine and you’ll get a criminal conviction that only lasts a year. Obviously he told me this thinking that it was a one off. He said it’s unlikely they’ll give you a warning.
That's correct. By "they'll make you pay a fine" they mean the magistrates' court, who will convict you under one of the TfL Bylaws. The conviction is a matter of public record forever but becomes spent after a year, meaning that after a year, in most circumstances you will not need to disclose it. Be advised however that if you apply for a visa abroad, or apply for certain jobs, you will need to disclose even spent convictions, but those circumstances are the exception rather than the rule and a Bylaw conviction is not likely to have a major lasting impact on your life.

It’s worth noting i saw revenue control officer on his badge (I think. What exactly is that role? And how does it affect my situation ?)
That's a member of staff whose job it is specifically to protect the company's revenue, and they often just hang around near gates, wait for the distinctive beep where someone's using a free pass, and intercept that person to check they're entitled to use that pass. They are also trained to give interviews under caution, much like the police do. (But they are not the police, you have no obligation to talk to them other than give your details, they don't arrest you, etc)

Another thing is I also regularly use another freedom pass from somebody else but I did not mention thing or bring this up at all. What are the chances they will be able to find out about this as well ?
Low, but obviously this makes you quite a committed fare evader - even more so than the offending they have detected, so best to keep quiet about that.

I am going to stop doing this altogether and do feel remorse over the whole situation. I’m someone who has severe mental health issues and anxiety and this is something that is documented with doctors. I’ve been on several antidepressants (not currently on any). Is it worth getting a doctors note and mentioning this as part of my case ?
You could do that, but what relevance has it to your offending? To put it bluntly - why would they be interested to know you were on antidepressants in the past?

I am to understand that I will first get sent a letter asking to explain what happened etc. is this correct ? I would like to know what exactly the first letter would say ?
It's a verification letter from TfL, and will ask you to confirm you were the person stopped. Aside from that it will simply ask for your side of the story, and is an exercise in obtaining another statement from you which can be used as evidence in court.

Will it say what I did
No.

and what I’m being fined for and how much etc ?
No. A court decides the level of fine based on sentencing guidelines, not TfL.

Or will they only do the investigation after I respond back ?
They don't do any investigation beyond auditing the pass. They already have almost everything they need by stopping you. If they decide to charge you with one offence only, you will be dealt with under by sending you a Single Justice Procedure Notice (SJPN), which means the case can be heard without you attending. If they detect other offences, you may be asked if you would like those to be taken into consideration, which means they charge for one offence but you can ask the court to deal with multiple others in the same sitting, meaning that's those out of the way. You will usually have to attend court if this is the case, and you will be sent a requisition instead of a SJPN.

Is it worth mentioning in my response about how I’m unemployed currently and don’t have a job and that’s why I was using it ?
You can mention it, but this is not a defence nor something TfL believe is mitigation under their prosecutions policy.

Also what happens to my family member’s disabled freedom pass ? The guy said it’ll be deactivated and they can reapply. Will that person face any consequences ?
They will need to apply for a replacement. As long as you stole the pass or took it without consent and they didn't give it to you, they won't face any consequences.

How long does it take for the first letter to come ?
Usually a few weeks at most.

And once I respond back how long does it take for the verdict ?
When you respond, they will then usually prosecute you, and a letter will come from the court asking how you plead. Whether it is a SJPN or a requisition depends on whether they detect other offences.

And how will this affect my career ? I’m currently unemployed and looking for a grad job and I’ve had a nightmare even finding a job as it is. Will this make it any worse ?
Well it won't make it any better, and you will have to, by law, declare the conviction to any employer who asks within the first year after conviction. Unless you're going into a field like protecting vulnerable people or a field which requires security clearance or developed vetting it's unlikely you will have to mention it after that year. Unlock is a charity which can assist with questions about this.
 

Pushpit

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Look at the TfL's prosecution policies:

We know TfL sticks to this policy quite rigidly and takes around 400 people to court every week. They do an evidential test (you have a red light here) and a Public Interest test, and the public interest is usually to prosecute criminals. You will be going to court, found guilty, fined and get a criminal record with only a few exceptions, two that stick out are:
1) If you are under 18 when there are some exceptions in 5.1
2) Section 8.2.d where this exception is mentioned: "The offender has pre-existing mental health issues or a disability supported
by satisfactory medical proof from a Medical Expert in the relevant field."

Usually it needs someone to use a solicitor to project forcefully the reason not to prosecute using the above, or on related human rights legislative grounds. Almost all the scenarios where TfL does not prosecute involve a solicitor, who I suspect is able to talk lawyer to lawyer to provide an arguable case, sufficient for TfL not to go ahead. There have been 2 or 3 cases in this for where 8.2.d has been successfully used by someone not using a lawyer. Because it would be entirely wrong for someone's mental capacity and somatic health conditions to be dissected on an internet forum, my opinion is that we operate with some constraints here, whereas a solicitor can confidentially delve into your background. If however you have very clear medical evidence and it's non-trivial, you may be able to do it yourself. A solicitor will cost £500 to £1000, so it won't save you any money.
 

John R

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I would agree that using a solicitor is much more likely to be able to get you off prosecution than presenting your own case.

Simply saying “I suffer from anxiety” could well prompt the investigator to simply think that anxiety comes with the territory when you fare dodge (and based on what we see on the forum, anxiety is often mentioned as a possible mitigation, so they are likely to think “not that excuse again”). In contrast, a solicitor will be able to shape an argument much more compellingly.
 

AlterEgo

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To revisit the TfL prosecution policy, they say they will take into account mental health conditions or disabilities when they make a decision as to whether to prosecute *in the public interest*. In practice, what they are looking for is:

a) a compelling reason why it wouldn't be in the interest of justice to prosecute. An example might be someone sectioned under the Mental Health Act for psychosis and destructive behaviour who was on a supervised day trip but who didn't pay for their journey, or perhaps a refugee in temporary accommodation with profound PTSD for whom a conviction does not feel a proportionate disposal, or
b) evidence that the mental health condition or disability has fundamentally impacted the choice to fare evade, for example an impulse control disorder like kleptomania, or a severe learning disability meaning the passenger had a diminished responsibility for what happened.

With great respect, having been on antidepressants in the past - something about a quarter of the working age population is covered by that - is unlikely to move the needle here.

A solicitor will cost something like £750-1000 and can frame your mitigation better, but if you don't have much to go on to start with...be advised they can't work miracles.

The vast majority of people are convicted, and we have seen recently that only people using solicitors have managed to end up with a warning.
 

Pushpit

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Here is one example from last year where a Final Warning came without a solicitor. There are 2 other cases but this is better documented. OP: as a clinician I'm slightly uncomfortable at the level of detail in the link below, though it is incredibly helpful, but please do not feel obliged to share your circumstances here.

 

RoboJock8

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That's a member of staff whose job it is specifically to protect the company's revenue, and they often just hang around near gates, wait for the distinctive beep where someone's using a free pass, and intercept that person to check they're entitled to use that pass. They are also trained to give interviews under caution, much like the police do. (But they are not the police, you have no obligation to talk to them other than give your details, they don't arrest you, etc)

Okay so these people aren't necessarily monitoring my activity and waiting for me at the gate. Say for example, I tapped in at Point A, did somebody at point A notify someone at Point B based on my history of travelling to Point B. Or did I just get unlucky that they were waiting at Point B and they then saw a light and just wanted to do a routine check ? Regardless I am going to stop. Just curious as to what happened.
You could do that, but what relevance has it to your offending? To put it bluntly - why would they be interested to know you were on antidepressants in the past?
I mean the main reason I mention it is due to how it leads into my unemployment. The reason I have been fare avoiding is because I have no job and not even on benefits. Due to my depression I am finding it difficult to even find a job and even day to day tasks. I was hoping that by expressing my unemployment that it could help me get off with a warning or at least settle it out of court without a criminal record.
It's a verification letter from TfL, and will ask you to confirm you were the person stopped. Aside from that it will simply ask for your side of the story, and is an exercise in obtaining another statement from you which can be used as evidence in court.
When you say obtaining another statement what do you mean. In addition to what I told them in person ?
They don't do any investigation beyond auditing the pass. They already have almost everything they need by stopping you. If they decide to charge you with one offence only, you will be dealt with under by sending you a Single Justice Procedure Notice (SJPN), which means the case can be heard without you attending. If they detect other offences, you may be asked if you would like those to be taken into consideration, which means they charge for one offence but you can ask the court to deal with multiple others in the same sitting, meaning that's those out of the way. You will usually have to attend court if this is the case, and you will be sent a requisition instead of a SJPN.


You can mention it, but this is not a defence nor something TfL believe is mitigation under their prosecutions policy.
The reason I want to mention it as stated above is because I am also currently looking for grad programmes 2 years after my graduating and still unable to find a job. And the field I am looking to go into is finance related. So i am worried based on what other threads have said that even after the 1 year criminal conviction I would still have to disclose it and its possible I will get rejected because finance / accounting roles involve a trust aspect which this obviously violates.
They will need to apply for a replacement. As long as you stole the pass or took it without consent and they didn't give it to you, they won't face any consequences.
Will they face any consequences ? If i say I took it without consent will that make my case worse ? Can I reapply after this case is resolved because that way if I say i stole it then there will be no further consequences as my case is already resolved.
Usually a few weeks at most.
Issue is I am going on holiday till Mid April. Do you think I can sort this all out from abroad ? My dad will be at home so if there is anything that arrives in post he could inform me. Should i mention this in my letter ?
When you respond, they will then usually prosecute you, and a letter will come from the court asking how you plead. Whether it is a SJPN or a requisition depends on whether they detect other offences.
So in my letter how should I approach this. Because as it stands I lied to the revenue officer saying it was just one time but obviously its frequent. And if they do trace the journeys and see that. Obviously they wont tell me all this in the verification letter so in my letter to them should I approach it like its one offence or admit to other offences too. I am guilty and willing to be compliant to get this resolved. Not trying to lie my way thru it but should I withhold certain information because I am not necessarily incriminated for the other offences just yet.
Well it won't make it any better, and you will have to, by law, declare the conviction to any employer who asks within the first year after conviction. Unless you're going into a field like protecting vulnerable people or a field which requires security clearance or developed vetting it's unlikely you will have to mention it after that year. Unlock is a charity which can assist with questions about this.
So worst case scenario , I pay a fine + 1 year criminal record. Does this appear on standard or enhanced DBS after the year even as an unspent conviction ? If it appears on enhanced what roles will ask me for this.

== Doublepost prevention - post automatically merged: ==

Here is one example from last year where a Final Warning came without a solicitor. There are 2 other cases but this is better documented. OP: as a clinician I'm slightly uncomfortable at the level of detail in the link below, though it is incredibly helpful, but please do not feel obliged to share your circumstances here.

I think this case is slightly understandable as its a psychosis related issue so maybe its easier to get a warning from something like that. I have depression and anxiety and it impairs my memory among other things
 

RoboJock8

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That's correct. By "they'll make you pay a fine" they mean the magistrates' court, who will convict you under one of the TfL Bylaws. The conviction is a matter of public record forever but becomes spent after a year, meaning that after a year, in most circumstances you will not need to disclose it. Be advised however that if you apply for a visa abroad, or apply for certain jobs, you will need to disclose even spent convictions, but those circumstances are the exception rather than the rule and a Bylaw conviction is not likely to have a major lasting impact on your life.
For a Visa abroad is it likely i get rejected ?
 

Pushpit

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For a Visa abroad is it likely i get rejected ?
Every country is different and has their own interpretations. EU / Schengen won't be a problem when ETIAS comes around. Australia and USA can be problematic, worst case scenario is that you will need a full visa rather than their electronic authorisations (ESTA and eVisitor Visa respectively). But the full visa isn't a bad idea apart from the initial hassle, I have one for the USA (due to visiting Iran and Syria), and it has some advantages over having the ESTA. The big issue is that while your conviction can be "spent" in UK terms, other countries may or may not have that concept.

== Doublepost prevention - post automatically merged: ==

(reference to linked thread above on a Final Warning case)

I think this case is slightly understandable as its a psychosis related issue so maybe its easier to get a warning from something like that. I have depression and anxiety and it impairs my memory among other things
I would suspect that TfL are mindful of both circumstances that mitigate your behaviour, but also any particularly disproportionate outcome that a conviction would have on you. Bear in mind that about a third of UK men have a conviction, many of which are motoring related. I think this is where you have a choice to make.
a) go to a solicitor to get them to frame your case with specific reference to your medical history. The cost ballpark has been mentioned.
b) give it a go anyway without a solicitor, but use whatever medical evidence you have now or can muster
c) accept that there is a fine and criminal conviction coming your way.

b) and c) can run together. a) does not guarantee a final warning but there have been a number of successful cases reported, including recently.
 
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John R

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And the field I am looking to go into is finance related. So i am worried based on what other threads have said that even after the 1 year criminal conviction I would still have to disclose it and its possible I will get rejected because finance / accounting roles involve a trust aspect which this obviously violates.

Yes, if you are convicted then that is likely to be a problem.

Okay so these people aren't necessarily monitoring my activity and waiting for me at the gate. Say for example, I tapped in at Point A, did somebody at point A notify someone at Point B based on my history of travelling to Point B. Or did I just get unlucky that they were waiting at Point B and they then saw a light and just wanted to do a routine check ?

It would have been a routine check at Point B. Given how long you had been doing it I doubt you were unlucky, as it was inevitable sooner or later.

I was hoping that by expressing my unemployment that it could help me get off with a warning or at least settle it out of court without a criminal record.
implies that you couldn't afford to pay for your travel, which seems inconsistent with

Issue is I am going on holiday till Mid April. Do you think I can sort this all out from abroad ?

So you would be advised to take care what messaging you give to TfL if you intend to use lack of ability to pay as a mitigation (not that such an excuse would be particularly seen as relevant.)
 

notmyrealname

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I know it's not a topic for this forum but if you're unemployed are you eligible for benefits of some kind? I'm not well-versed in this, but possibly Jobseekers Allowance or Universal Credit could be an option. The CAB should be able to help you.
 

RoboJock8

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Yes, if you are convicted then that is likely to be a problem.
Would this be something worth discussing in my letter ?
It would have been a routine check at Point B. Given how long you had been doing it I doubt you were unlucky, as it was inevitable sooner or later.
Thats fair enough. Actions have consequences.
implies that you couldn't afford to pay for your travel, which seems inconsistent with

So you would be advised to take care what messaging you give to TfL if you intend to use lack of ability to pay as a mitigation (not that such an excuse would be particularly seen as relevant.)
Fair enough, I wont mention the holiday anyway cos its not necessary.
 

John R

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Would this be something worth discussing in my letter ?

It's very debatable. It could be argued that prosecution would be even more in the public interest precisely to highlight to those professions which depend on utmost integrity (such as Finance, Law, Healthcare) that you are clearly lacking in it.
 

AlterEgo

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Would this be something worth discussing in my letter ?
You can mention it, but TfL will not take this into account as per their prosecutions policy - nor should they really, that's a natural consequence of committing crime, to be honest.

The policy can be read here: https://content.tfl.gov.uk/revenue-enforcement-and-prosecutions-policy.pdf

Note that TfL deem abusing Freedom Passes an "offence of a serious nature" which is why so few people who commit this offence are let off with a warning.
 

AndroidBango

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I mean the main reason I mention it is due to how it leads into my unemployment. The reason I have been fare avoiding is because I have no job and not even on benefits.
Or look at from their point of view - they might see your not having a job as a potential motivation to do it again, so not sure about this line of argument. Others may have a different view.
 

RoboJock8

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Or look at from their point of view - they might see your not having a job as a potential motivation to do it again, so not sure about this line of argument. Others may have a different view.
I will post my draft soon but I have expressed my job prospects and how I will rectify my mistake moving forward
 
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John R

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You haven’t had a letter yet, so whilst I am sure you are keen to move things forward I would wait and see exactly what it says before posting it here along with your draft reply.

Given that the default approach by TfL is to prosecute, I can’t see what harm it will do you, even if they do identify you. But they have hundreds of these cases each week, and so long as you obscure any identifying information I doubt they will be minded to try and marry up your case with one they have on their books.
 

RoboJock8

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You haven’t had a letter yet, so whilst I am sure you are keen to move things forward I would wait and see exactly what it says before posting it here along with your draft reply.

Given that the default approach by TfL is to prosecute, I can’t see what harm it will do you, even if they do identify you. But they have hundreds of these cases each week, and so long as you obscure any identifying information I doubt they will be minded to try and marry up your case with one they have on their books.
Oh i was just preparing. I thought the first letter was the generic letter everyone gets right ? So the next step for me would be to write the letter. That was my thinking unless I am wrong. Is it possible they issue warning or go straight to prosecution ?
 

Hadders

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The letter you’ll be sent will almost certainly be TfL’s standard verification letter where they ask you to confirm or deny the offence. You’ll find examples in other similar threads involving Freedom Passes.

There’s nothing wrong on thinking about what you’re going to write in your reply, and feel free to pop a draft in this thread, but do not send anything to TfL until you get their letter.

My view is a warning is unlikely - TfL take misuse of Freedom Passes very seriously and prosecution is the usual outcome. We have seen a small number of cases recently where the OPs have told us they have been given a warning after engaging the services of a solicitor. Clearly, a solicitor cannot change what has happened but they might be able to present your mitigation in a better way than you fee able to do yourself. Solicitors specialising in rail fare evasion do not come cheap (c.£1,000) and you will have to pay their fee whether it not they manage to negotiate a favourable outcome for you.
 

RoboJock8

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I heard from a few others that if I purchased a season pass or rail card it'll show my willingness to not re offend. I am planning on doing this anyway. Is this something that i should do ?
 

AlterEgo

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I heard from a few others that if I purchased a season pass or rail card it'll show my willingness to not re offend. I am planning on doing this anyway. Is this something that i should do ?
Unfortunately TfL don’t really care much for this and again, it’s not in their prosecution policy as something they consider to mitigate the offending.

Most people pay by contactless for their journeys on TfL. If you are eligible for a railcard you should buy one to reduce your fares, but as a rule train companies are only interested in you doing this if your offence was claiming a discount or not renewing your railcard in the first place, not stealing/misusing Freedom Passes.
 

RoboJock8

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Please find my draft below:

I am writing to express my deepest apologies for the incident of the misuse of my x’s Disability Freedom Pass on xx. Firstly, I want to thank TFL for giving me the oppurtunity to explain my behaviour.

I have spent the days since the incident thoroughly reflecting on my actions. I acknowledge that a freedom pass is a privilege for the less fortunate and I have now abused that privilege. My actions have caused financial loss for TfL and caused a burden on the staff members that work hard to provide this public service. I acknowledge that TfL are only able to operate if everyone pays their fare and as such my actions have breached public trust. I am very ashamed of my actions and am filled with deep regret. I have been struggling to eat and sleep since the incident, as I have been in constant reflection over how serious my actions were. And despite this reflection, I have no excuse for fare evasion. I am normally a law-abiding citizen and have never engaged in such deceitful behaviour elsewhere in my life. Nonetheless, this is no excuse.

I have been unemployed for over a year and the reason for this is due to my deteriorating mental health and my diagnosis of depression and anxiety since March 2020 with no signs of improvement. I parted ways at my previous job for this reason. This has caused me extreme financial burden. Furthermore, I have been struggling to find a graduate job since graduating in 2022 and due to the nature of my job, any prosecution will be detrimental to my job applications. I have an ambition to work for the civil service and I am worried that if a security clearance is needed this will affect me negatively. In the meantime, I have been awaiting vacancies at my previous job to open up since January, so I can regain financial stability and discuss in accordance with my GP and employer how we can better accommodate my ability to work.

Moving forward, I am proactively making sure I pay the correct travel fare and have even purchased a rail card, as I am fully aware of my wrongdoing in the misuse of a Freedom Pass. I have made myself familiar with the guidelines set by TfL and fully understand the implications of such behaviour. The trouble that I have caused to the public due to fare evasion is unacceptable. I want to extend my apologies to the staff members at TfL, as the resources and time spent on offenders such as myself could have been better used in strengthening the public service they offer. I reassure you that such a mistake will not happen again.

My actions have consequences and I am willing to accept those consequences. Therefore, I am willing to pay the outstanding fares and necessary fees for TfL but I hope you may consider not proceeding with legal action and settling this out of court. I would like the oppurtunity to make amends. I think a prosecution would have an disproportionate impact on my health and employment and would greatly appreciate it if my medical condition and career prospects can be considered as grounds to not proceed with prosecution as I am willing to pay the costs incurred for settlement regardless of my current financial status. If any further support or information is needed please don’t hesitate to contact me.

Yours faithfully,
xx


Please give me any feedback and dont hesitate to annotate or edit or remove things. Please help with any grammar I have missed. If anything needs to be rearranged also let me know

Should i attach medical documents etc ?

when i send this letter shuld it be a pdf or shall i write it in the actual body of the email ?

I spoke to a lawyer and they said to mention my case is not of public interest. How should I incorporate this into my letter ?
 
Last edited:

AlterEgo

Verified Rep - Wingin' It! Paul Lucas
Joined
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Ok, this is not a bad letter but I'll cut a few things out for clarity/flow. See below:

Please find my draft below:

I am writing to express my deepest apologies for the incident of the misuse of my x’s Disability Freedom Pass on xx. Firstly, I want to thank TFL for giving me the opportunity to explain my behaviour.

I have spent the days since the incident thoroughly reflecting on my actions. I acknowledge that a freedom pass is a privilege for the less fortunate and I have now abused that privilege. My actions have caused financial loss for TfL and caused a burden on the staff members that work hard to provide this public service. I acknowledge that TfL are only able to operate if everyone pays their fare and as such my actions have breached public trust. I am very ashamed of my actions and am filled with deep regret. I have been struggling to eat and sleep since the incident, as I have been in constant reflection over how serious my actions were. And despite this reflection, I have no excuse for fare evasion. I am normally a law-abiding citizen and have never engaged in such deceitful behaviour elsewhere in my life. Nonetheless, this is no excuse.

I have been unemployed for over a year and the reason for this is due to my deteriorating mental health and my diagnosis of depression and anxiety since March 2020 with no signs of improvement. I parted ways at my previous job for this reason. This has caused me extreme financial burden hardship. Furthermore, I have been struggling to find a graduate job since graduating in 2022 and due to the nature of my job, any prosecution will be detrimental to my job applications. I have an ambition to work for the civil service and I am worried that if a security clearance is needed this will affect me negatively. In the meantime, I have been awaiting vacancies at my previous job to open up since January, so I can regain financial stability and discuss in accordance with my GP and employer how we can better accommodate my ability to work.

Moving forward, I am proactively making sure I pay the correct travel fare and have even purchased a rail card, as I am fully aware of my wrongdoing in the misuse of a Freedom Pass. I have made myself familiar with the guidelines set by TfL and fully understand the implications of such behaviour. The trouble that I have caused to the public due to fare evasion is unacceptable. I want to extend my apologies to the staff members at TfL, as the resources and time spent on offenders such as myself could have been better used in strengthening the public service they offer. - they don't need to read this stuff about staff members and causing the public trouble, it's over the top and they won't care. Also, you don't need to "read the TfL guidelines" to know that misusing a Freedom Pass is wrong; you've acknowledged this at the start anyway and committed to stopping the behaviour, no need to re-cover it. I reassure you that such a mistake will not happen again.

My actions have consequences and I am willing to accept those consequences. Therefore, I am willing to pay the outstanding fares and necessary fees for TfL but I hope you may consider not proceeding with legal action and settling this out of court. I would like the opportunity to make amends. I think a prosecution would have an disproportionate impact on my health and employment and don't say this explicitly, it's a bit "beggy" and you've made the case already quite well would greatly appreciate it if my medical condition and career prospects can be considered as grounds to not proceed with prosecution as I am willing to pay the costs incurred for settlement regardless of my current financial status. If any further support or information is needed please don’t hesitate to contact me.

Yours faithfully,
xx


Please give me any feedback and dont hesitate to annotate or edit or remove things. Please help with any grammar I have missed. If anything needs to be rearranged also let me know

Should i attach medical documents etc ?

when i send this letter shuld it be a pdf or shall i write it in the actual body of the email ?
You should attach any medical evidence which backs up what you have said in the letter. You respond to a Verification Letter by post and can either handwrite this in the box they give you, or attach a letter with your evidence, it's up to you.
 

RoboJock8

Member
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Ok, this is not a bad letter but I'll cut a few things out for clarity/flow. See below:
Sounds good. How comes you ruled out "My actions have consequences and I am willing to accept those consequences." I felt like it was a very succinct way to express that i am remorseful.

I dont know if i edited it in time before u saw it but i noted a lawyer told me to include that my case is not in the public interrest. thoughts ?

Also for the medical evidence I have a note from 2018. Is that too far back ? Should I call my gp and get a more up to date note. But is the timing going to seem suspicious ?

Also not too long ? Should it be shorter ? How long are these letters normally ? Dont want the case reviewer to dismiss it cos its too long but also wanna cover all bases

Somebody earlier said tfl dont settle out of court so should i reword it to like something else but still alluding to the same idea or is it fine ?

Anyone else just stumbling upon this please do review my letter. Would be great to get various opinions to make my letter as strong as possible.

== Doublepost prevention - post automatically merged: ==

Also wanted to ask how my family member would re apply for their card. I admit to wrongdoing and it wasnt their fault. Is it better I wait for the verdict of this before re applying ?
 
Last edited:

AlterEgo

Verified Rep - Wingin' It! Paul Lucas
Joined
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Sounds good. How comes you ruled out "My actions have consequences and I am willing to accept those consequences." I felt like it was a very succinct way to express that i am remorseful.
I don't think you need to say this. The consequence for this action is to be convicted of a crime; you are arguing on compelling grounds why you should not, in fact, have to face the consequences.

I dont know if i edited it in time before u saw it but i noted a lawyer told me to include that my case is not in the public interrest. thoughts ?
As it's been edited it has gone back into moderation and isn't visible here. You can certainly say that, although this sort of insistence always has more weight when it's coming in a solicitor's letter, and always looks very "beggy" when written directly by the defendant.

Also for the medical evidence I have a note from 2021. Is that too far back ? Should I call my gp and get a more up to date note. But is the timing going to seem suspicious ?
The more recent the medical evidence the more weight it will carry, most likely. If you are not currently signed off work/have a fit note it does weaken your case, because the way the mitigation is structured in the letter is "I had a medical issue in the past > I lost my job > I have no money which is why I was motivated to do this".

Also not too long ? Should it be shorter ? How long are these letters normally ? Dont want the case reviewer to dismiss it cos its too long but also wanna cover all bases
It's fine. It covers what you need to say without excess repetition.

Somebody earlier said tfl dont settle out of court so should i reword it to like something else but still alluding to the same idea or is it fine ?
They don't settle out of court, but offering to pay the fares due is probably better than asking to literally suffer no consequences.
 

RoboJock8

Member
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Messages
29
Location
finchley
I don't think you need to say this. The consequence for this action is to be convicted of a crime; you are arguing on compelling grounds why you should not, in fact, have to face the consequences.
I get what you are saying but the consequence of the situation in my letter would be paying the fees but without facing prosecution right ? Like when i say consequence that is what i mean. Like i am trying to acknowledge that I know there is a going to be some kind of punishment for my actions. I do understand what you are saying though. I trust your judgement on this. If anyone can give a second opinion would be great.
As it's been edited it has gone back into moderation and isn't visible here. You can certainly say that, although this sort of insistence always has more weight when it's coming in a solicitor's letter, and always looks very "beggy" when written directly by the defendant.
I see. Yeah ngl I got the same vibe. I guess i do kind of cover the idea of it not being in public interest right ?
The more recent the medical evidence the more weight it will carry, most likely. If you are not currently signed off work/have a fit note it does weaken your case, because the way the mitigation is structured in the letter is "I had a medical issue in the past > I lost my job > I have no money which is why I was motivated to do this".
Right sorry Idk if im being stupid but are you saying I should ask for more recent evidence from a doctor ? Should I also attach my recent resignation letter from my most previous job ? It states from me why i left the job and my employer's response to the situation acknowledging it.
 
Last edited:

RoboJock8

Member
Joined
12 Feb 2025
Messages
29
Location
finchley
Please find my draft below:

I am writing to express my deepest apologies for the incident of the misuse of my x’s Disability Freedom Pass on xx. Firstly, I want to thank TFL for giving me the oppurtunity to explain my behaviour.

I have spent the days since the incident thoroughly reflecting on my actions. I acknowledge that a freedom pass is a privilege for the less fortunate and I have now abused that privilege. My actions have caused financial loss for TfL and caused a burden on the staff members that work hard to provide this public service. I acknowledge that TfL are only able to operate if everyone pays their fare and as such my actions have breached public trust. I am very ashamed of my actions and am filled with deep regret. I have been struggling to eat and sleep since the incident, as I have been in constant reflection over how serious my actions were. And despite this reflection, I have no excuse for fare evasion. I am normally a law-abiding citizen and have never engaged in such deceitful behaviour elsewhere in my life. Nonetheless, this is no excuse.

I have been unemployed for over a year and the reason for this is due to my deteriorating mental health and my diagnosis of depression and anxiety since March 2020 with no signs of improvement. I parted ways at my previous job for this reason. This has caused me extreme financial burden. Furthermore, I have been struggling to find a graduate job since graduating in 2022 and due to the nature of my job, any prosecution will be detrimental to my job applications. I have an ambition to work for the civil service and I am worried that if a security clearance is needed this will affect me negatively. In the meantime, I have been awaiting vacancies at my previous job to open up since January, so I can regain financial stability and discuss in accordance with my GP and employer how we can better accommodate my ability to work.

Moving forward, I am proactively making sure I pay the correct travel fare and have even purchased a rail card, as I am fully aware of my wrongdoing in the misuse of a Freedom Pass. I have made myself familiar with the guidelines set by TfL and fully understand the implications of such behaviour. The trouble that I have caused to the public due to fare evasion is unacceptable. I want to extend my apologies to the staff members at TfL, as the resources and time spent on offenders such as myself could have been better used in strengthening the public service they offer. I reassure you that such a mistake will not happen again.

My actions have consequences and I am willing to accept those consequences. Therefore, I am willing to pay the outstanding fares and necessary fees for TfL but I hope you may consider not proceeding with legal action and settling this out of court. I would like the oppurtunity to make amends. I think a prosecution would have an disproportionate impact on my health and employment and would greatly appreciate it if my medical condition and career prospects can be considered as grounds to not proceed with prosecution as I am willing to pay the costs incurred for settlement regardless of my current financial status. If any further support or information is needed please don’t hesitate to contact me.

Yours faithfully,
xx


Please give me any feedback and dont hesitate to annotate or edit or remove things. Please help with any grammar I have missed. If anything needs to be rearranged also let me know

Should i attach medical documents etc ?

when i send this letter shuld it be a pdf or shall i write it in the actual body of the email ?

I spoke to a lawyer and they said to mention my case is not of public interest. How should I incorporate this into my letter ?

If anybody is just stumbling across this I would still like some more eyes on my drafted letter and see if any improvements can be made. Want to make it as strong as possible

Please also refer to alterego’s comments. He made some very good points
 

30907

Veteran Member
Joined
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Messages
21,959
Location
Airedale
The version edited by AlterEgo should be your starting point.

If you can shorten it, so much the better - the second paragraph is rather repetitive.

I see no harm in attaching your letter of resignation, as it is a couple of years more recent than your last medical evidence. I assume you are not signed off currently?
 

Pushpit

Member
Joined
18 Nov 2023
Messages
607
Location
UK
It's a bit long, but it actually reads very well overall and gets the points over. I'm not sure micro managing this sort of thing really makes a big difference, overall I think you are there, or thereabouts. But you don't want it any longer.

Minor points
1) Your spelling of opportunity is consistent, but incorrect - 2 typos need correcting.
2) "an disproportionate" - wrong indefinite article, should be "a", I guess you did some editing there
3) I am not sure about this, but maybe there is a case for adding "under Section 8 of TfL's Prosecution Policy" after "out of court,". I am sure they know their prosecution policy inside out, but it shows that you have at least looked at it.
 
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