Misuse of free pass!! Help!!

[santosham]

Hi
I was caught by TFL inspector last week for usingmy mom’s disabled free card! I have used it for going to and from work,and for a long time (1year+).The inspector asked myname , date of birth and address! He took the card-and let me out! I didn’t sign anything!He didn’t say anything about the letter that I may receive or what may happen in the future !
As I read the previous posts and comments fromdifferent people I am really worried about my futureand family relationship with my wife , child and myparents!
I knew it is not a good idea to use someone’s cardbut I never realized that is is a CRIME!!
Is it okey to consult with solícitors at this point orafter I get the letter from TFL?
Any suggestions would be appreciated!! my anxiety level is growing and could not sleepproperly at night !
Thank you

 

[30907]

The crime you have committed is to travel without paying your fare.

TfL policy is to prosecute people who do this, usually for one single offence (rather than a couple of hundred in your case), and usually for the lowest level of offence possible.

You must expect to be fined a few hundred pounds in all (depending on your income, which you will be asked to state).

Employing a solicitor may result in your being let off with a warning, but that's no guarantee ad it will be expensive.

When the letter arrives, please ask for further advice.

 

[John R]

One possible concern here is that a review of use of the card will highlight repeated use for the journey as the one you were caught on. So it won’t be that difficult for the investigators to work out that you have been using it for around a year.

TfL is notoriously difficult to avoid a prosecution when in this situation, and IIRC, just about the only cases we see where a final warning has been given instead of a prosecution is where solicitors have been employed. Obviously that itself will come at a cost of typically several hundred pounds, and given the scale of fare evasion, there will be no guarantee that they will be successful.

 

[greatkingrat]

When you do reply to them, I suggest you don't end every sentence with an exclamation mark!!!

 

[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 take into account and they will write to you with the details of the fine you have to pay.

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. My view is that given the long length of time you have been using the Freedom Pass, TfL will almost certainly prosecute, resulting in you having to pay the fine, surcharge, costs etc as well as the solicitor fee.

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
- 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

 

[Belperpete]

If as you say you really have so little appreciation of what is legal and what is not, then I think that you seriously need to consider engaging a solicitor. You potentially committed a number of quite serious crimes, and are fortunate that you are only likely to be prosecuted for the relatively minor offence of travelling without paying the fare.

If you are considering engaging a solicitor, it would be worthwhile doing the research now to find an appropriate solicitor who specialises in such cases, and making initial contact to check that they are able and willing to take on your case, so that you can get them on the job as soon as you receive the letter from TfL. They may offer an initial consultation for free.

If you are found guilty, you should be prepared to pay up a considerable sum of money, especially if you have over a year's worth of unpaid fares due. It might be worth calculating just how much you owe, including all the costs mentioned by previous posters, so that it doesn't come as a shock. A solicitor would be able to advise about the likelihood of you being allowed to pay by installments, depending on your individual circumstances.

There could also be implications for your mom, such as TfL withdrawing her pass. You need to be very careful about what if anything you say about how you acquired her pass and whether she knew about you using it, in case you drop either her or you into more trouble.

 

[AlterEgo]

Hi
I was caught by TFL inspector last week for usingmy mom’s disabled free card! I have used it for going to and from work,and for a long time (1year+).The inspector asked myname , date of birth and address! He took the card-and let me out! I didn’t sign anything!He didn’t say anything about the letter that I may receive or what may happen in the future !
As I read the previous posts and comments fromdifferent people I am really worried about my futureand family relationship with my wife , child and myparents!
I knew it is not a good idea to use someone’s cardbut I never realized that is is a CRIME!!
Is it okey to consult with solícitors at this point orafter I get the letter from TFL?
Any suggestions would be appreciated!! my anxiety level is growing and could not sleepproperly at night !
Thank you

If a solicitor is something you can afford you should engage one. You have almost no chance of avoiding prosecution without one.

 

[santosham]

If as you say you really have so little appreciation of what is legal and what is not, then I think that you seriously need to consider engaging a solicitor. You potentially committed a number of quite serious crimes, and are fortunate that you are only likely to be prosecuted for the relatively minor offence of travelling without paying the fare.

If you are considering engaging a solicitor, it would be worthwhile doing the research now to find an appropriate solicitor who specialises in such cases, and making initial contact to check that they are able and willing to take on your case, so that you can get them on the job as soon as you receive the letter from TfL. They may offer an initial consultation for free.

If you are found guilty, you should be prepared to pay up a considerable sum of money, especially if you have over a year's worth of unpaid fares due. It might be worth calculating just how much you owe, including all the costs mentioned by previous posters, so that it doesn't come as a shock. A solicitor would be able to advise about the likelihood of you being allowed to pay by installments, depending on your individual circumstances.

There could also be implications for your mom, such as TfL withdrawing her pass. You need to be very careful about what if anything you say about how you acquired her pass and whether she knew about you using it, in case you drop either her or you into more trouble.

I used to take my Mum to hospital , and I used to tap in & out for her. It was in my pocket one day I thought to take advantage of it, to be honest. And this is my mistake to save some money which I regret now. She rarely travel by bus or tube .

 

[tonycockram]

A specialist solicitor will be able to explain what has happened here and is your best chance of getting a final warning from TFL. This will likely cost in the region of £600 to £1200, with no guarantee of success, as this has been a lengthy misuse of a pass.

To me it seems like an absolute slam dunk case for TfL to progress to court.

We have seen recently that TfL have been adding on all the charges for journeys that have been involved, not just the one case they will be litigating against.

For now though, I’d wait for the letter from TfL and then return when you have it, as you’ll need all the references etc to deal with it.

Please
Don’t ignore the letter when it arrives as that would see you go to court and lose without being able romdo
Anything about it. And having a criminal record

 

[santosham]

The crime you have committed is to travel without paying your fare.

TfL policy is to prosecute people who do this, usually for one single offence (rather than a couple of hundred in your case), and usually for the lowest level of offence possible.

You must expect to be fined a few hundred pounds in all (depending on your income, which you will be asked to state).

Employing a solicitor may result in your being let off with a warning, but that's no guarantee ad it will be expensive.

When the letter arrives, please ask for further advice.

Hi
I received a letter from TFl today, any advice?
Is there any solicitors you know who are expert in this field?
Thank you

 

[Belperpete]

I used to take my Mum to hospital , and I used to tap in & out for her. It was in my pocket one day I thought to take advantage of it, to be honest. And this is my mistake to save some money which I regret now. She rarely travel by bus or tube .

I did say that you need to be really careful about what you say about how you acquired her pass, and your response is to make public more information!! I suggest that you really do need the help of a solicitor.

 

[WesternLancer]

Is there any solicitors you know who are expert in this field?

as per a previous post I made:

I suspect you should seek quotes from the three firms we see mentioned on here who seem to specialise in fare evasion matters.

Makwana solicitors
Manak solicitors
Penman Sedgwick Solicitors

If you search on line for these firms and also the words 'fare evasion' you can read what they say about their expertise before contacting them for quotes

I have no connection nor have ever used these firms myself.

is the forum aware of any others that have been mentioned in the past?

Having said that given the levels of fare evasion that go on and the propensity of TfL to prosecute I suspect many other London area solicitors must deal with it from time to time.

 

[santosham]

as per a previous post I made:

I suspect you should seek quotes from the three firms we see mentioned on here who seem to specialise in fare evasion matters.

Makwana solicitors
Manak solicitors
Penman Sedgwick Solicitors

If you search on line for these firms and also the words 'fare evasion' you can read what they say about their expertise before contacting them for quotes

I have no connection nor have ever used these firms myself.

is the forum aware of any others that have been mentioned in the past?

Having said that given the levels of fare evasion that go on and the propensity of TfL to prosecute I suspect many other London area solicitors must deal with it from time to time.

Thank you

== Doublepost prevention - post automatically merged: 5 Mar 2025 ==

The crime you have committed is to travel without paying your fare.

TfL policy is to prosecute people who do this, usually for one single offence (rather than a couple of hundred in your case), and usually for the lowest level of offence possible.

You must expect to be fined a few hundred pounds in all (depending on your income, which you will be asked to state).

Employing a solicitor may result in your being let off with a warning, but that's no guarantee ad it will be expensive.

When the letter arrives, please ask for further advice.

Hi
I received a letter from tfl on 3rd of March however it dated on 27th of February!
I spoke with solicitor and is advised to send all the relevant documents that might be helpful by 6th of March which is not the 10 days time frame. I’m confused can anyone advice on date frame please?

 

[WesternLancer]

Thank you

== Doublepost prevention - post automatically merged: 5 Mar 2025 ==


Hi
I received a letter from tfl on 3rd of March however it dated on 27th of February!
I spoke with solicitor and is advised to send all the relevant documents that might be helpful by 6th of March which is not the 10 days time frame. I’m confused can anyone advice on date frame please?

So Royal Mail delivered it to you pretty quickly then.
The 10 day deadline is after 6 March. If you are engaging a solicitor they will be mindful of the deadlines.

Sorry but I’m not sure what the problem is. Am I missing something?

I’m assuming the solicitor means send the documents to the solicitor if they are acting for you?

 

[Sealink]

Hi
I was caught by TFL inspector last week for usingmy mom’s disabled free card! I have used it for going to and from work,and for a long time (1year+).

I knew it is not a good idea to use someone’s cardbut I never realized that is is a CRIME!!

What did you think it was?

 

[santosham]

Hi everyone ,just seeking advices.
I have engaged solicitor for my case which Tfl replied that they will be taking matter for legal resolution. I donot know what are the consequences?
However I thought I have used the pass for approximately a year but they replied I have been using since August 2024(6 months) which in total I made a journey of approximately £1,700.
Is there still any chances to settle continuing solicitor at this time?
Any advice would be appreciated.
Thank you

 

[Haywain]

If you have engaged a solicitor then you need to be taking their advice, not ours. You are paying a significant amount for their expertise.

 

[alexa23]

Hi everyone ,just seeking advices.
I have engaged solicitor for my case which Tfl replied that they will be taking matter for legal resolution. I donot know what are the consequences?
However I thought I have used the pass for approximately a year but they replied I have been using since August 2024(6 months) which in total I made a journey of approximately £1,700.
Is there still any chances to settle continuing solicitor at this time?
Any advice would be appreciated.

Under which law are they prosecuting you? Does it say Bylaw offence or Regulation of Railways act? The consequence of being prosecuted is different depending on which of the two they are charging you under.

 

[AlterEgo]

Under which law are they prosecuting you? Does it say Bylaw offence or Regulation of Railways act? The consequence of being prosecuted is different depending on which of the two they are charging you under.

TfL prosecutes under the Bylaws.

 

[santosham]

If you have engaged a solicitor then you need to be taking their advice, not ours. You are paying a significant amount for their expertise.

I paid for consultation fees and the representation (almost £1.2K) however after the Tfl response they ask about half the price for representing again may be that’s their policy ! However, at this time for me is to avoid criminal record which is a very shameful thing. Tfl has not charged yet , here is a piece of email please advise on this! If there’s still some hope?
Thank you

 

[AlterEgo]

TfL are prosecuting you in the magistrates' court for the offence, which means that despite being represented by a solicitor, they believe it is still in the public interest to continue the case against you.

The next step is to wait for the summons or Single Justice Procedure Notice. They have made up their mind and have been very clear about that in their correspondence with your solicitor which you have shared.

 

[Haywain]

However, at this time for me is to avoid criminal record which is a very shameful thing. Tfl has not charged yet , here is a piece of email please advise on this! If there’s still some hope?

There really doesn't appear to be any hope of avoiding a criminal conviction now. However, this is a low level offence that you will only have to declare, for most purposes, for a year. It is not going to have a major impact on your life or your job prospects.

 

[santosham]

TfL are prosecuting you in the magistrates' court for the offence, which means that despite being represented by a solicitor, they believe it is still in the public interest to continue the case against you.

The next step is to wait for the summons or Single Justice Procedure Notice. They have made up their mind and have been very clear about that in their correspondence with your solicitor which you have shared.

What is going to happen in the court? How long will it takes normally?

 

[AlterEgo]

What is going to happen in the court? How long will it takes normally?

@Hadders explains what the sentence will be in post 5. TfL usually send out court papers within a few weeks. If they wish to prosecute only for one offence they will use the Single Justice Procedure and you do not need to attend court. If they want to get the fares back for other offences for the year of misuse they will issue a postal requisition and you will need to attend court and plead, and ask for the other offences to be taken into consideration. You will then be sentenced for the totality of the offending in one go.

 

[santosham]

Hi every valuable members of the forum,
I have received a letter of prosecution to attend the court, please need some advice.
Thank you

 

[AlterEgo]

Do you have any specific questions about the summons? You will need to attend and it looks like there are 170 offences to be taken into consideration, if you agree.

 

[John R]

You have already engaged a solicitor and should be forwarding those forms to them for advice as to the next steps.

 

[Blinkbonny]

Post 20 seems to imply he has paid the solicitor for the initial (unsuccessful) approach, and they want paying again for any further representation. I Doubt they can add any further value to his case.

 

[30907]

Unless you have engaged a solicitor, you need to reply to the court. The form you have posted is straightforward. You also need to fill in, accurately, the income information which (I assume) you have also been asked for - this is in your interest.

Unless you dispute the number of times you travelled without paying, I can't see that you have any option other than to plead guilty (it will reduce the fine) as you were caught in the act.

You can use the space headed "Statement..." to make an apology along the lines in post #5.

 

[furlong]

I was caught by TFL inspector last week for using my mom’s disabled free card!

The paperwork says the rightful holder of the pass was male.

There's also a technicality in that the paperwork does not contain the evidence required to prove it was a compulsory ticket area i.e. which specific notice is the one that TfL alleges was disobeyed leading to the offence?

26.
Notices
No person shall be subject to any penalty for breach of any of the Byelaws by disobeying a notice unless it is proved to the satisfaction of the Court before whom the complaint is laid that the notice referred to in the particular byelaw was displayed.
...
"compulsory ticket area" means any part of the railway identified by a notice stating that no person may enter there without being in possession of a valid ticket;

Did the solicitor already help you write some mitigation to put to TfL? If so, similar information can be given to the court in an attempt to minimise the sentence. (The solicitor could again help you do this. They could also raise the matter of the need to prove the notice was displayed.)