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 they 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 warning if you engage the services of a solicitor who specialises in rail fare evasion. Solicitors don't come cheap (reports I've seen suggest around £1,200+) and there can be no guarantee of obtaining a warning.
If you decide not to use a solicitor then I suggest mentioning the following points when you reply to the verification letter:
- 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
If TfL do decide to prosecute then they 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 incomem, normally discounted 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 would be considered as spent for most purposes after a year. A Bylaw conviction isn't normally recorded on the Police National Computer and won't normally appear on 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