Freedom pass misuse - Need Advice

[seveneleven]

Hey everyone,

A couple of days ago, I got stopped by a TfL officer for using a Freedom Pass that didn’t belong to me. I’d been using it on and off for about two weeks. The pass belongs to my mother, but the officers never asked who it belonged to, so I didn’t mention it.

They took my name, date of birth, and address. While one of the officers was running a check, she said I wasn’t registered at that address, which I said I should be on it and acted confused. She carried on regardless and told me a letter would be sent to the address I gave, which I’ve now received.

The letter is a verification letter stating I was caught committing an offence on that specific day and asks whether I agree or disagree with what happened. I know what I did was wrong, and I feel stupid for risking it—especially now that I understand the strain things like this can put on TfL.

Here’s where I’m stuck:

• They spelled my surname completely wrong in the letter.
• I didn’t show them any ID—I just gave them my details verbally.
• Some people have told me that if the letter isn’t in your correct legal name, you aren’t obliged to respond and they might not be able to trace you.
• But I’m worried that if I ignore the letter, they could still trace me through NHS, school, or other records—even though I’m not registered at the address through the local council.

So now I’m torn. Do I:

1. Ignore it and hope they can’t fully identify me, even if that risks them investigating further?
2. Respond honestly, accept responsibility, and hope for a warning or out-of-court settlement—even if it might result in a fine or a minor offence on my record?

I guess another thing I’m worried about if I were to ignore the letter is if they escalate this and try contact my mother (who also lives at the address I provided) and try to identify me.

Someone’s also told me to reply to the letter in your mums name and say the person mentioned on the letter doesn’t live at this address (implying myself) since the surname on the letter is wrong and also I’m not registered at this place via the council.

I really don’t want this to go on my criminal record and affect my future. Any advice from people who’ve been through this or know how TfL deals with this kind of case would be appreciated.

Thanks.

 

[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.

What you've been sent is TfL's Verification Letter which is your opportunity 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. The mis-spelling of your name won't make any difference to the outcome of the case, that can be corrected. TfL are not thick and they can easily trace you through other methods, people often don't realise how big a digital footprint they leave behind.

I suggest you reply to TfL and mantion the following points:

- 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.

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 (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 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. A criminal conviction for a railway ticketing matter won't normally affect future career prospects.

We have seen some limited examples where a solicitor specialising in rail fare evasion has been able to present mitigation to TfL in a better way than peoiple feel able to do themselves, which has resulted in a warning rather than a court case. A solicitor cannot change what has happened and they don't come cheap (don't expect any change from £1,000). You would need to pay the solicitor fee regardless of whether they are able to persuade TfL.

Here's a link to TfL's Revenue Enforcement & Prosecutions Policy which you might find worth reading, specifically section 8:

https://content.tfl.gov.uk/revenue-enforcement-and-prosecutions-policy.pdf

 

[seveneleven]

Thank you so much for the detailed response — I really appreciate it.

I understand now that TfL takes this seriously and that prosecution is the usual outcome. I’m definitely going to respond to the verification letter and be honest about what happened. I fully accept responsibility and realise it was a stupid and wrong decision. I’ve learned my lesson and would never put myself in this position again.

I wanted to ask for some advice on how I can increase my chances of receiving a final warning instead of prosecution. I know this isn’t common, but I’ve read that in some rare cases TfL has given a warning based on strong mitigation.

Would the following be suitable as mitigating circumstances?

• I’ve never had any prior offences or warnings.
• I was under financial pressure and made a poor choice, but it wasn’t done with criminal intent.
• I’ve genuinely learned from this and want to make it right.
• I also suffer from mental health conditions such as depression and anxiety that clouded my judgement.
• I’m willing to pay the fare owed and cover any administrative costs TfL has incurred.
• I’m very worried about having a criminal record as it could impact my future, especially as I’m trying to build my career.

Is there anything else you recommend I should include in my letter to make my case for a warning more compelling? Would it help if I explained that I didn’t realise the seriousness of using someone else’s pass at the time but fully understand now?

Thanks again for your time and help — it means a lot.

 

[Hadders]

Would the following be suitable as mitigating circumstances?

• I’ve never had any prior offences or warnings.
• I was under financial pressure and made a poor choice, but it wasn’t done with criminal intent.
• I’ve genuinely learned from this and want to make it right.
• I also suffer from mental health conditions such as depression and anxiety that clouded my judgement.
• I’m willing to pay the fare owed and cover any administrative costs TfL has incurred.
• I’m very worried about having a criminal record as it could impact my future, especially as I’m trying to build my career.

Have a look at that document I linked to above, specifically section 8.2.

It is not sufficient to just say you have a mental health condition, you will have to evidence it with medical proof from a Medical Expert.
Saying it could impact you future or career probably isn't the best idea, why should someone building a career be treated differently to someone who isn't?

As for suture career prospects if you do end up with a conviction it will be for a minor railway ticketing matter, it would be spent for most purposes after a year although in some circumstances you would still need to disclose it. As long as you are honest about it when asked it shouldn't adversely impact your career. It is far worse if you try and cover it up.

Thanks again for your time and help — it means a lot.

You're very welcome!

 

[SuspectUsual]

It is not sufficient to just say you have a mental health condition, you will have to evidence it with medical proof from a Medical Expert

Just to add to this - when we say "evidence it" we mean a Medical Expert confirming your condition and that it could have affected your decision making not merely that you have a diagnosis

 

[Hadders]

Just to add to this - when we say "evidence it" we mean a Medical Expert confirming your condition and that it could have affected your decision making not merely that you have a diagnosis

Indeed. That is why you need to go through the document I referenced and think about how you will evidence the points in section 8.2 to the satisfaction of TfL.

 

[seveneleven]

I appreciate the help.

Just another question. Should I reply back to the letter with the surname they provided me or include in the email my right surname and that they got it wrong?

I just want to make sure I do the right thing without them causing problems for me as this mistake wasn’t made by me.

Also if I were to contact my doctor and ask for the necessary evidence, does TfL go out there way to assess the credibility of the medical evidence?

Thanks.

== Doublepost prevention - post automatically merged: 9 May 2025 ==

I appreciate the help.

Just another question. Should I reply back to the letter with the surname they provided me or include in the email my right surname and that they got it wrong?

I just want to make sure I do the right thing without them causing problems for me as this mistake wasn’t made by me.

Also if I were to contact my doctor and ask for the necessary evidence, does TfL go out there way to assess the credibility of the medical evidence?

Thanks.

 

[AlterEgo]

Also if I were to contact my doctor and ask for the necessary evidence, does TfL go out there way to assess the credibility of the medical evidence?

What do you mean by this? Are you asking if they will contact the doctor to validate it as genuine?

 

[seveneleven]

What do you mean by this? Are you asking if they will contact the doctor to validate it as genuine?

Yes. I will be providing my medical reports however I want to know if TfL actually goes this far to double check this.

 

[AlterEgo]

Yes. I will be providing my medical reports however I want to know if TfL actually goes this far to double check this.

…why?

 

[seveneleven]

Just out of curiosity

== Doublepost prevention - post automatically merged: 9 May 2025 ==

Should I reply back to the letter with the surname they provided me or include in the email my right surname and that they got it wrong?

I just want to make sure I do the right thing without them causing problems for me as this mistake wasn’t made by me.

 

[spyinthesky]

Just out of curiosity

== Doublepost prevention - post automatically merged: 9 May 2025 ==

Should I reply back to the letter with the surname they provided me or include in the email my right surname and that they got it wrong?

I just want to make sure I do the right thing without them causing problems for me as this mistake wasn’t made by me.

I think you are overthinking this.
Doing the right thing didn’t get you in to this mess but doing the right thing now might ease the inevitable process that follows.
Simply highlight that your name has been incorrectly transcribed and give them the correct spelling.

 

[6Gman]

I think you are overthinking this.
Doing the right thing didn’t get you in to this mess but doing the right thing now might ease the inevitable process that follows.
Simply highlight that your name has been incorrectly transcribed and give them the correct spelling.

This seems wise advice. If you gave your name verbally it's quite reasonable that the railway official may have spelled it incorrectly. Just put something along the lines of "can I confirm that my surname is in fact Mattock, not Maddock, as in your letter" (or whatever it was).

Carrying on using the incorrect name/spelling will just create further confusion.

 

[seveneleven]

Okay thanks for the clarification. I’ll respond to the letter. Was just getting confused since someone else had mentioned if the surname was completely wrong then you’re not legally required to respond. But I’m certain that will initiate TfL to do further investigations to identify who I am.

 

[AndroidBango]

Okay thanks for the clarification. I’ll respond to the letter. Was just getting confused since someone else had mentioned if the surname was completely wrong then you’re not legally required to respond. But I’m certain that will initiate TfL to do further investigations to identify who I am.

Whoever told you that is very wrong and you should ignore them.

 

[Haywain]

But I’m certain that will initiate TfL to do further investigations to identify who I am.

TfL would just go ahead with the prosecution and let the court bailiffs do the investigation.

 

[dosxuk]

Okay thanks for the clarification. I’ll respond to the letter. Was just getting confused since someone else had mentioned if the surname was completely wrong then you’re not legally required to respond. But I’m certain that will initiate TfL to do further investigations to identify who I am.

When you hear things like this, just ask yourself what would happen if you were on the other side. Would you go "oh, we caught a person, and we sent a letter asking for their side of the story, but they just ignored it, guess we'll have to just let them off then" or would you go "hang on, why haven't they taken the opportunity to defend themselves, I think we should look into this a bit more"?

Minor clerical issues are not a route to having a case against you dismissed. If you tried to rely on this as a way of avoiding a case against you, chances are you'll end up in court being asked by a magistrate if you were the person who was stopped and spoken to - you have no way of denying this, so you may as well make everyone's lives easier and just tell them they wrote down the wrong name.

 

[Hadders]

Yes. I will be providing my medical reports however I want to know if TfL actually goes this far to double check this.

They might carry out some checks to verify that the person writing the report is who they say they are. Otherwise anyone could just knock something up on a computer, print it off and bingo!

 

[seveneleven]

I got a warning

 

[enyoueffsea]

I got a warning

How old are/were you at the time?

Noting initially you said:

But I’m worried that if I ignore the letter, they could still trace me through NHS, school, or other records—even though I’m not registered at the address through the local council.

I’m assuming under 18?

 

[seveneleven]

Nah im above 18

 

[Hadders]

Thanks for updating us on your case. It would be helpful if you could give us a but mmore information to help us to give advice to others in future. Specifically:

- How often had you used the pass?
- Can you share a redacted copy of the letter you sent to TfL in response tot heir verification letter?
- Did you send any supporting evidence. If so, what did you send?
- Did you handle this yourself or did you use a solicitor?

 

[seveneleven]

Thanks for updating us on your case. It would be helpful if you could give us a but mmore information to help us to give advice to others in future. Specifically:

- How often had you used the pass?
- Can you share a redacted copy of the letter you sent to TfL in response tot heir verification letter?
- Did you send any supporting evidence. If so, what did you send?
- Did you handle this yourself or did you use a solicitor?

Id say for about 3 weeks. I sent in supporting evidence from my GP about my mental health. I handled it purely all by myself.

== Doublepost prevention - post automatically merged: 2 Jul 2025 ==

The main thing you should say in your appeal letter is:

-How apologetic you are for your actions and why they should let you off with a warning e.g. mitigating circumstances regarding health, financial situation, not being against public interest
- Own up to your mistake however do not self incriminate yourself. Don’t tell them what they don’t already know. You can still be honest and own up to it however dont give too much away and focus on how apologetic you are and what you will do to ensure it never happens again e.g. medical treatment if mental health caused that behaviour, budgeting if you financially struggled and so on.
- mention how I a conviction can affect your job and the implications this can have on your life.
- if you haven’t offended before or this is your first time offence also plays in your favour.
- Finally sympathise with TFL. Explain to them how much money is lost through fare evasion and the impact this has. Showcase to them what your actions have caused to TfL, explain how you are apologetic and how you will not repeat the same offence again. You must explain how and why