Advice needed-freedom pass missuse

[alexa23]

On Tuesday I got caught using someone else’s 60+ freedom pass. Won’t make excuses, as ignorance to British law and personal circumstances doesn’t excuse I was in fact very wrong and caused harm not only to TfL but to the taxpayers too and I expect some kind of prosecution. I have social anxiety and I panicked when questioned by the inspector, now one of my biggest worries is that I made my case way worse by lying to the inspector on a question. When asked how I acquired the pass in a misguided attempt to not involve the pass owner I said I had found it and was in sole possession of it since finding it which is not true. I know the lady who it belongs to and I often stay with her (she has dementia). At the beginning me using the pass was a genuine mistake as I carry it for her, however I should have stopped when I realised. The usage has been sporadic but carried out over a few months and the journeys taken probably do have a pattern.
Now when the letter eventually arrives I feel I should fess up to the fact I have not found the pass and that the owner had access to it at all times if she needed it, but that she didn’t give it to me to use. I have contacted a solicitor but our chat will be after I receive the letter so any advice would help, as I’m very distressed and having constant panic attacks.
I do realise I created this problem for myself and I deserve the pain it brings. I know that despite any personal circumstances I might have it will still most likely result in prosecution and I plan on repaying everything they ask of me as that is the right thing. I do regret my actions I won’t do something like this ever again ( nor have I done it before it started but it doesn’t change my severe lack of judgment)
Should I clarify how I came to have the pass? What law are TfL likely to charge me under?

 

[Fawkes Cat]

On Tuesday I got caught using someone else’s 60+ freedom pass. Won’t make excuses, as ignorance to British law and personal circumstances doesn’t excuse I was in fact very wrong and caused harm not only to TfL but to the taxpayers too and I expect some kind of prosecution. I have social anxiety and I panicked when questioned by the inspector, now one of my biggest worries is that I made my case way worse by lying to the inspector on a question. When asked how I acquired the pass in a misguided attempt to not involve the pass owner I said I had found it and was in sole possession of it since finding it which is not true. I know the lady who it belongs to and I often stay with her (she has dementia). At the beginning me using the pass was a genuine mistake as I carry it for her, however I should have stopped when I realised. The usage has been sporadic but carried out over a few months and the journeys taken probably do have a pattern.
Now when the letter eventually arrives I feel I should fess up to the fact I have not found the pass and that the owner had access to it at all times if she needed it, but that she didn’t give it to me to use. I have contacted a solicitor but our chat will be after I receive the letter so any advice would help, as I’m very distressed and having constant panic attacks.
I do realise I created this problem for myself and I deserve the pain it brings. I know that despite any personal circumstances I might have it will still most likely result in prosecution and I plan on repaying everything they ask of me as that is the right thing. I do regret my actions I won’t do something like this ever again ( nor have I done it before it started but it doesn’t change my severe lack of judgment)
Should I clarify how I came to have the pass? What law are TfL likely to charge me under?

Welcome to the forum.

From what we see here, lots of people feel rather like this immediately after they've been caught, and they want to try to sort thing out right away. But the shock of being caught will pass, so please try not to panic - things will feel better in the morning, and better still the day after that. You're probably already not feeling quite as bad as you did on Tuesday!

Realistically, TfL will be looking to prosecute you - probably for the one occasion when they caught you, although they may well want the court to take other occasions when you used the pass into consideration. In my view, your aim should be for everything to be as simple as possible so that you can resolve matters without having to go to court. I expect that you will shortly receive a letter from TfL: we tend to know this as a 'verification letter'. You will need to reply to that in a fairly short timescale. As you are talking to a solicitor you may have time to discuss it with them, but my suggestion would be to be honest, and explain that you took the pass without the owner's permission (explain about their problems with dementia as that will explain why the owner couldn't stop you). Also don't suggest that this was the first time you travelled using the pass.

It's never good to be caught fare dodging, but realistically remember that the punishment will be a fine: you won't be sent to prison for this.

 

[alexa23]

Welcome to the forum.

From what we see here, lots of people feel rather like this immediately after they've been caught, and they want to try to sort thing out right away. But the shock of being caught will pass, so please try not to panic - things will feel better in the morning, and better still the day after that. You're probably already not feeling quite as bad as you did on Tuesday!

Realistically, TfL will be looking to prosecute you - probably for the one occasion when they caught you, although they may well want the court to take other occasions when you used the pass into consideration. In my view, your aim should be for everything to be as simple as possible so that you can resolve matters without having to go to court. I expect that you will shortly receive a letter from TfL: we tend to know this as a 'verification letter'. You will need to reply to that in a fairly short timescale. As you are talking to a solicitor you may have time to discuss it with them, but my suggestion would be to be honest, and explain that you took the pass without the owner's permission (explain about their problems with dementia as that will explain why the owner couldn't stop you). Also don't suggest that this was the first time you travelled using the pass.

It's never good to be caught fare dodging, but realistically remember that the punishment will be a fine: you won't be sent to prison for this.

Thank you for your reply. Actually I’m feeling worse as time goes by, and the more I read online on the matter(which I should have done before as I would have never used the pass). I’ve come to terms they will most probably not agree to a final warning and some punishment is deserved but my worry is they might not prosecute under the bylaw because of the lie I told. I did admit to Tuesday not being the first time I used it as that seemed the right thing to do. However my lie that the officer recorded and I signed for, that I found the card and used it might make matters worse as according to what I read online it has other implications if you find and keep and use a card as that might deprive the person of a benefit they need etc. So I think like you said I should explain the nature in which I actually got hold of the card, as my connection to the person can be proven and that I didn’t just find a random card and decided to use it. I had come to terms with things but now all I can think about is how I made it look so much worse.

 

[Hadders]

Welcome to the forum!

What you’ve done is wrong but try not to over think it. In the grand scheme of things it’s a minor railway ticketing matter.

I don’t think what you told the inspector about how you came across the pass will make any difference to the final outcome of your case.

I know it’s easy for me to say, but try and put the matter to the back of your mind for now and get on with your life. When the letter from TfL arrives, pop back here and post a redacted copy of it on this thread along with your draft reply and we can go from there.

 

[Haywain]

I panicked when questioned by the inspector, now one of my biggest worries is that I made my case way worse by lying to the inspector on a question. When asked how I acquired the pass in a misguided attempt to not involve the pass owner I said I had found it and was in sole possession of it since finding it which is not true. I know the lady who it belongs to and I often stay with her (she has dementia). At the beginning me using the pass was a genuine mistake as I carry it for her, however I should have stopped when I realised. The usage has been sporadic but carried out over a few months and the journeys taken probably do have a pattern.

Ultimately, none of this will matter to TfL. They've heard it all before and you are just another person in their system now. They will prosecute you for the one offence when you were caught, and there's a chance they may want you to ask for other offences to be taken into consideration but that's not a certainty. Engaging a solicitor to deal with the matter for you, when you have received the verification letter from TfL, may allow you to avoid a conviction but it would see you paying for their services instead, to the tune of £700 to £1200.

 

[JordR]

I'm not sure you need "ignorance of British law" to know you shouldn't be using a pass with someone else's name and photo on that also happens to give you free travel that you aren't entitled to yourself? So I wouldn't take that route when the verification letter arrives.

But you can read TfL's Revenue Enforcement and Prosecutions Policy, which does include some of the things they take into account when considering whether to prosecute or issue a final warning.

 

[alexa23]

I'm not sure you need "ignorance of British law" to know you shouldn't be using a pass with someone else's name and photo on that also happens to give you free travel that you aren't entitled to yourself? So I wouldn't take that route when the verification letter arrives.

But you can read TfL's Revenue Enforcement and Prosecutions Policy, which does include some of the things they take into account when considering whether to prosecute or issue a final warning.

What I did was very wrong, and I wouldn’t go down that route of defence, that was my own stupidity. I have learned a valuable lesson and accept some form of consequence is well deserved, my post was about me possibly making things worse for myself in a moment of panic and what’s the best approach to be honest going forward in my communication with TfL. Thank you everyone for the replies I’ll have to wait for their letter.

 

[40875704]

Re “At the beginning me using the pass was a genuine mistake as I carry it for her” I’m intrigued. How did this occur, do you have your own card or similar that you confused hers with? Mistakes are genuine. “Genuine mistakes” tend to be the ones that tend that invite my genuine disbelief.

 

[AlterEgo]

On Tuesday I got caught using someone else’s 60+ freedom pass. Won’t make excuses, as ignorance to British law and personal circumstances doesn’t excuse I was in fact very wrong and caused harm not only to TfL but to the taxpayers too and I expect some kind of prosecution. I have social anxiety and I panicked when questioned by the inspector, now one of my biggest worries is that I made my case way worse by lying to the inspector on a question. When asked how I acquired the pass in a misguided attempt to not involve the pass owner I said I had found it and was in sole possession of it since finding it which is not true. I know the lady who it belongs to and I often stay with her (she has dementia). At the beginning me using the pass was a genuine mistake as I carry it for her, however I should have stopped when I realised. The usage has been sporadic but carried out over a few months and the journeys taken probably do have a pattern.
Now when the letter eventually arrives I feel I should fess up to the fact I have not found the pass and that the owner had access to it at all times if she needed it, but that she didn’t give it to me to use. I have contacted a solicitor but our chat will be after I receive the letter so any advice would help, as I’m very distressed and having constant panic attacks.
I do realise I created this problem for myself and I deserve the pain it brings. I know that despite any personal circumstances I might have it will still most likely result in prosecution and I plan on repaying everything they ask of me as that is the right thing. I do regret my actions I won’t do something like this ever again ( nor have I done it before it started but it doesn’t change my severe lack of judgment)
Should I clarify how I came to have the pass? What law are TfL likely to charge me under?

I think you are best off not clarifying how you came to have the pass. Misusing someone's Freedom Pass is one thing, but misusing one belonging to someone you know has dementia is really low, there's no way to sugarcoat that.

TfL will almost certainly prosecute you in the magistrates' court for a Bylaw 18 offence. If you want to instruct a solicitor that may be wise - sometimes they can word your mitigation in a way which might sway TfL into giving a warning. But, from what you've said, there are only aggravating factors to the offending which TfL regards as the most serious of all fares offences (repeated misuse, of a free pass, belonging to a vulnerable person, and lying while under caution).

 

[nuts & bolts]

On Tuesday I got caught using someone else’s 60+ freedom pass. Won’t make excuses, as ignorance to British law and personal circumstances doesn’t excuse I was in fact very wrong and caused harm not only to TfL but to the taxpayers too and I expect some kind of prosecution. I have social anxiety and I panicked when questioned by the inspector, now one of my biggest worries is that I made my case way worse by lying to the inspector on a question. When asked how I acquired the pass in a misguided attempt to not involve the pass owner I said I had found it and was in sole possession of it since finding it which is not true. I know the lady who it belongs to and I often stay with her (she has dementia). At the beginning me using the pass was a genuine mistake as I carry it for her, however I should have stopped when I realised. The usage has been sporadic but carried out over a few months and the journeys taken probably do have a pattern.
Now when the letter eventually arrives I feel I should fess up to the fact I have not found the pass and that the owner had access to it at all times if she needed it, but that she didn’t give it to me to use. I have contacted a solicitor but our chat will be after I receive the letter so any advice would help, as I’m very distressed and having constant panic attacks.
I do realise I created this problem for myself and I deserve the pain it brings. I know that despite any personal circumstances I might have it will still most likely result in prosecution and I plan on repaying everything they ask of me as that is the right thing. I do regret my actions I won’t do something like this ever again ( nor have I done it before it started but it doesn’t change my severe lack of judgment)
Should I clarify how I came to have the pass? What law are TfL likely to charge me under?

Do you work in a regulated profession?

 

[alexa23]

Re “At the beginning me using the pass was a genuine mistake as I carry it for her” I’m intrigued. How did this occur, do you have your own card or similar that you confused hers with? Mistakes are genuine. “Genuine mistakes” tend to be the ones that tend that invite my genuine disbelief.

Both were kept in the same type of case, the TfL one with a oyster and contactless design. But that doesn’t excuse me from my actions. Plain simple, I was very, very wrong and caused harm to the taxpayer and the company. I am very ashamed and will regret it for the rest of my days. I hope these threads can serve as a learning to others, don’t do it people, when struggling with whatever area of life reach for help instead.

Do you work in a regulated profession?

Yes. For everything relating to jobs, visa etc in the future I will disclose the outcome of this, and that’s the best anyone in a similar situation can do.

 

[alexa23]

This is the worst thing I have done and I don’t know quite know how to live with it. I need advice on a matter relating to this. I know I only got myself to blame and that I deserve the worst and that actions like mine contribute to London being the most expensive transport in the world but presuming I survive this, I never want to risk not having a valid ticket or card, even by mistake. Before the pass stupidity I always used contactless or normal Oyster and have been doing so since too but now I’m terrified of any technical problems. Although unlikely I don’t want to risk a tap in or out not registering. I’ve hooked my cards to a TfL account to keep track but not sure it’s enough. I’ve though of a travelcard but a weekly one would make me overpay a lot as I don’t use transport that often. So far what I have come up with is a paper day travelcard might be best? But is it a lot more expensive that oyster, especially if only doing a return journey? Is Contactless/oyster safe enough and I’m overthinking? Sorry for rambling, I just regret it so much and want to do things right.

 

[AlterEgo]

Contactless is what nearly everyone uses and I personally have never had a problem with it.

 

[alholmes]

You’re overthinking. Millions of journeys are made daily using Oyster or Contactless without any problem at all. I’ve used Oyster (and subsequently contactless) since it was launched over 20 years ago - never had a problem.

 

[Hadders]

This is the worst thing I have done and I don’t know quite know how to live with it. I need advice on a matter relating to this. I know I only got myself to blame and that I deserve the worst and that actions like mine contribute to London being the most expensive transport in the world but presuming I survive this, I never want to risk not having a valid ticket or card, even by mistake. Before the pass stupidity I always used contactless or normal Oyster and have been doing so since too but now I’m terrified of any technical problems. Although unlikely I don’t want to risk a tap in or out not registering. I’ve hooked my cards to a TfL account to keep track but not sure it’s enough. I’ve though of a travelcard but a weekly one would make me overpay a lot as I don’t use transport that often. So far what I have come up with is a paper day travelcard might be best? But is it a lot more expensive that oyster, especially if only doing a return journey? Is Contactless/oyster safe enough and I’m overthinking? Sorry for rambling, I just regret it so much and want to do things right.

You're overthinking this. There's no need to revert to a paper travelcard.

Billions of journeys are made every year across London using contactless or Oyster. Unless you qualify for a railcard discount then contactless is probably best.

 

[alexa23]

Would someone be able to clarify for me if what I’m being charged under is Byelaw 17 or if there is an additional charge? It says only Byelaw 17 when asking me to attend court on the first page , but then on the schedule of offenses page mentions something 71B above Byelaw 17, which I had no luck finding on google if it’s related to the same charge. See attached.

 

[SuspectUsual]

That’s an offence relating to using a bus with someone else’s pass I think

 

[Titfield]

That’s an offence relating to using a bus with someone else’s pass I think

Proving elusive to track down but I do not think this will have any effect on the court hearing.

 

[AlterEgo]

Proving elusive to track down but I do not think this will have any effect on the court hearing.

Believe it's a typo and should be 7(b): https://www.legislation.gov.uk/uksi/1990/1020/regulation/7

The Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulations 1990​

7.—(1) No passenger on a vehicle being used for the carriage of passengers at separate fares shall use any [F1ticket] [F1travel mandate] which has–

(a)been altered or defaced;

(b)been issued for use by another person on terms that it is not transferable; or

(c)expired.

 

[alexa23]

Believe it's a typo and should be 7(b): https://www.legislation.gov.uk/uksi/1990/1020/regulation/7

The Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulations 1990​

7.—(1) No passenger on a vehicle being used for the carriage of passengers at separate fares shall use any [F1ticket] [F1travel mandate] which has–

(a)been altered or defaced;

(b)been issued for use by another person on terms that it is not transferable; or

(c)expired.

Thank you, I believe this is right and it relates to the bus journeys they say I took in the list of other offences they ask if I want taken into consideration. I actually never used the bus but think it best not to dispute any and just pay for everything they ask. Am I right in thinking that if I ask those offences to be taken into consideration I won’t be prosecuted for them and will have just the one criminal record for Byelaw 17 they are charging me with and not this additional bus one too?

 

[AlterEgo]

Thank you, I believe this is right and it relates to the bus journeys they say I took in the list of other offences they ask if I want taken into consideration. I actually never used the bus but think it best not to dispute any and just pay for everything they ask. Am I right in thinking that if I ask those offences to be taken into consideration I won’t be prosecuted for them and will have just the one criminal record for Byelaw 17 they are charging me with and not this additional bus one too?

I'm a little unsure about how offences taken into consideration are recorded, so I'll defer to other posters who might know more about that.

 

[furlong]

Offences taken into consideration rely ENTIRELY on your admission. If you didn't actually travel on the bus then you must not admit to those entries! One reason for requiring you attend the court in person in situations like this is so that the court can be satisfied you understand this and have checked the list is correct. You can notify them in advance or even just get the relevant lines removed at the hearing.

 

[Puffing Devil]

The process of having "offences taken into consideration" (TICs) allows for "wins" for both sides. It offers a mechanism for resolving potential future prosecutions related to the admitted offences, providing a degree of finality for the defendant and reduced costs and improved detection results for the prosecution. However, the admission of these uncharged offences is treated as an aggravating factor during sentencing for the substantive charge(s), meaning that the overall penalty is likely to be more severe than it would have been for the principal offence(s) alone.

The court also retains the authority to order compensation for the TICs, which includes unpaid fares, even though no separate conviction is recorded for them. It is crucial to understand that the court will only consider offences that the accused explicitly admits and are aligned with the substantive charge being sentenced.

While TICs can resolve outstanding matters, they will likely result in a more substantial sentence due to the court's consideration of the broader scope of offending behaviour. However, the sentence cannot exceed that for the single offence being prosecuted, meaning a much lower potential sentence had all the offences been formally prosecuted.

For example, the starting point for intent to travel without paying your fare would start at a Band A (50% of Weekly Income) fine. Aggravating factors, including TICs, could see the starting point go to a Band C fine (150% of Weekly Income) with a range of Band B to a low-level community order, most likely unpaid work. For the avoidance of doubt, a prison sentence is not possible if charged under the bylaws and is not even an option for first-time offenders charged under the Regulation of Railways Act.

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

I'm a little unsure about how offences taken into consideration are recorded, so I'll defer to other posters who might know more about that.

TICs themselves do not appear as separate convictions on your criminal record in the same way that offences you were formally charged with and either pleaded guilty to or were found guilty of do.

 

[AlterEgo]

TICs themselves do not appear as separate convictions on your criminal record in the same way that offences you were formally charged with and either pleaded guilty to or were found guilty of do.

Thanks for the clarification!