HELP Got caught using my mums 60+ oyster TFL

[kb6764]

Yesterday I was caught at Tottenham Court Road using my mums 60+ oyster and I am devastated. I genuinely did not realise the huge consequences, I thought maybe I would only be fined, but having read other posts, it seems like I can go to court and get a criminal record. Every time I think about it now I end up crying.

Here is what happened - I was questioned, and everything got written down in a notepad. Everything I told him was true:

• My mum gave me the oyster card to look after while she went abroad so I decided to use it.
• Only used it for a month (used it for around 15 journey - they should be able to verify this from journey history).
• He asked for my address, job and where I was travelling to and from.

Afterwards he read my miranda rights and then told me to sign the paper (kind of wish I had not signed it and would like to get a solicitor but you never know how you will react in the moment). I know sooner or later I will receive that dreaded verification letter, so I am trying to plan what to write. Here are some points to help against my case:

• I will admit guilt - I was misusing the freedom pass.
• I live quite far away - Southeast England so the commute to London is already quite substantial (£460 for 8 journeys a month on southeastern, not including tfl underground use) so wanted to alleviate commuting costs.
• Since moving to the Southeast 2 years ago, I have felt quite isolated and alone as the majority of my friends and family are in London. So wanted to save up as much as possible to move out (link to the above - I do live with my dad but his job means he is out of the country 6 months at a time).
• I have become more knowledgable about fare dodging and the negative implications, and realised the consequences of my actions and how this effects crucial revenue for TFL, also increasing ticket prices which have to be paid by the public which is not fair.
• I am deeply ashamed, not only abused the freedom pass according to the TFL guidelines but also impacting the relationship with my mum where I now have to admit that I misused her pass and had it confiscated.
• I work in the financial sector, therefore I am afraid of losing my one and only job due to a potential criminal record - this is my only income.
• I felt I was quite polite and compliant with the officer, shows my willingness to cooperate and understand the gravity of my actions.
• This is my first time - I have never received a caution or warning prior.
• Before getting hold of the freedom pass, I was religiously using my oyster card and paying for the correct fare.
• I will use my experience to highly discourage anyone I know who is planning to do something similar. Let them know about the consequences of their actions, and I would not want them to experience the anxiety and shame that comes with it.

Please let me know what you think about the points mentioned above.

This whole ordeal has seriously opened my eyes, and I will never ever think about doing something like this again. At the moment, it just feels like I have a dark cloud over my head.

Thanks in advance.

 

[notmyrealname]

Hi, welcome to the forum.

The experts should be around later to help you, it's a good place to get help.

 

[Titfield]

May I suggest you read the following thread very carefully and then return to discuss.

Caught using freedom pass - please help!!

So as many posts, I have been caught using my mum’s 60+ oyster card for free travel. I know it was wrong, I was stupid and honestly I just needed free travel to commute to my part time job for the time being to build up some money. I will save time by writing the generic stuff. For my...

www.railforums.co.uk

As you will see TfL normally prosecute these cases but we have seen cases where a warning letter has been issued. These cases all seem to have involved the employment of a solicitor.

 

[Gloster]

The bad news is that TfL, which I presume employed the member of staff who stopped, almost always prosecute. On rare occasions they have been known to send a final warning.

By the way, ‘Miranda Rights’ are an American concept. The British equivalent, which is older, is being cautioned and this is probably what happened.

 

[Titfield]

On rare occasions they have been known to send a final warning.

We have seen more warnings issued of late; seemingly where the passenger has employed a solicitor. Hence my suggesting the OP reads the cited thread so he or she can make some form of judgement as to whether employing a solicitor would be an appropriate course of action.

Caught using freedom pass - please help!!

So as many posts, I have been caught using my mum’s 60+ oyster card for free travel. I know it was wrong, I was stupid and honestly I just needed free travel to commute to my part time job for the time being to build up some money. I will save time by writing the generic stuff. For my...

www.railforums.co.uk

 

[notmyrealname]

I stand to be corrected but from what I've read here being convicted can be more serious for someone working in financial services.

 

[Titfield]

I stand to be corrected but from what I've read here being convicted can be more serious for someone working in financial services.

Many regulated professions have a "fit and proper person" test. A conviction can mean they fail the FPP test which would bar them from working in that profession. Finance and healthcare are but just two examples.

 

[Haywain]

Many regulated professions have a "fit and proper person" test. A conviction can mean they fail the FPP test which would bar them from working in that profession. Finance and healthcare are but just two examples.

This sort of offence would be regarded differently in those areas though, and someone working in financial services may have a duty to report that they are being investigated. If that is the case, it is where the OP is now.

 

[AndroidBango]

This is my first time - I have never received a caution or warning prior.

You also say that you have been using the Freedom Pass for a month - so while it's the first time you've been caught it's very much not your first offence.

Before getting hold of the freedom pass, I was religiously using my oyster card and paying for the correct fare.

I'm not sure 'I was using my Oystwr card normally beforehand' is a particularly useful defence.

 

[John R]

This sort of offence would be regarded differently in those areas though, and someone working in financial services may have a duty to report that they are being investigated. If that is the case, it is where the OP is now.

I'd agree that the OP should ascertain what obligations they have under either their employment contract or any professional body to which they belong whether they need to report themselves now, and if not, at exactly what point they should do so. The general rule is that failure to report when required is often as serious, if not more so, than the offence itself (although in this case, which is of repeated dishonesty over a period of month, the offence itself is likely to be of great concern to employers.)

In terms of the points raised, I would make the following comments:-

• I will admit guilt - I was misusing the freedom pass. - Hard to do anything else when caught redhanded.
• I live quite far away - Southeast England so the commute to London is already quite substantial (£460 for 8 journeys a month on southeastern, not including tfl underground use) so wanted to alleviate commuting costs. Unlikely to be of any help. Millions of people have high commuting costs and the vast majority do the right thing and pay.
• Since moving to the Southeast 2 years ago, I have felt quite isolated and alone as the majority of my friends and family are in London. So wanted to save up as much as possible to move out (link to the above - I do live with my dad but his job means he is out of the country 6 months at a time). Unlikely to be of any help.
• I have become more knowledgable about fare dodging and the negative implications, and realised the consequences of my actions and how this effects crucial revenue for TFL, also increasing ticket prices which have to be paid by the public which is not fair. Worth mentioning, and we often see it in letters to national rail companies where a settlement is agreed.
• I am deeply ashamed, not only abused the freedom pass according to the TFL guidelines but also impacting the relationship with my mum where I now have to admit that I misused her pass and had it confiscated. Most people abusing Freedom Passes will have to do the same with their relative.
• I work in the financial sector, therefore I am afraid of losing my one and only job due to a potential criminal record - this is my only income. It is often argued that the integrity required in the FS industry is even more of a reason why you should be prosecuted, to ensure your lack of integrity is highlighted to those depending on it.
• I felt I was quite polite and compliant with the officer, shows my willingness to cooperate and understand the gravity of my actions. Agree it won't hinder your case.
• This is my first time - I have never received a caution or warning prior. First time caught maybe, but you were using it for a month, so it wasn't a spur of the moment decision, and how do they know that you have not tried to evade fares on TfL or the National Rail network previously?
• Before getting hold of the freedom pass, I was religiously using my oyster card and paying for the correct fare. See above.
• I will use my experience to highly discourage anyone I know who is planning to do something similar. Let them know about the consequences of their actions, and I would not want them to experience the anxiety and shame that comes with it.

Your best bet given the FS implications is to engage a solicitor, who will be best placed to assess which of the above (and any other points) may be worth raising. The fact that someone has paid for a solicitor does appear to sway them sometimes to issue a warning instead of proceeding to prosecution. Indeed, I think it is fair to say that we are seeing an increasing number of cases where that has happened.

 

[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 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.

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 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. It is possible that TfL might still decide to prosecute, resulting in you having to pay the fine, surcharge, costs etc as well as the solicitor fee.

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

 

[WesternLancer]

If the op does decide to engage a solicitor regarding this I suspect they should seek quotes from the three firms we see mentioned on here who seem to specialise in fare evasion matters. Perhaps rather than just a firm with no particular experience in that area.

I am thinking of
Makwana solicitors
Manak solicitors
Penman Sedgwick Solicitors

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.

 

[kb6764]

Thanks all. I will keep this thread updated.

 

[zaswat]

Did you end up contacting any solicitors?

 

[jojo99]

Kikiberry, do you have any update status your case?

 

[Haywain]

Kikiberry, do you have any update status your case?

The OP has not been back here since February, so you are unlikely to get a response. If you have a similar problem and require help, please start a new thread.

 

[kb6764]

The OP has not been back here since February, so you are unlikely to get a response. If you have a similar problem and require help, please start a new thread.

Sorry it had been a while since I heard anything back from Tfl so had not been back here to provide an update. I replied to the verification letter about 2 months ago and I only just received response letter today which reads the following, "Thank you for responding... Transport for London takes the misuse of non transferable 60+ freedom passes very seriously... We are currently reviewing this case, and we will contact you as soon as we have reached a decision."

It had been a while since I replied to the verification letter, so I thought maybe they had forgotten or dismissed my case (lol in my dreams).

So yeah just waiting to hear back on the final decision. I will keep you updated.

 

[Haywain]

That's an unusual response from TfL, both in speed and content. I suspect it won't be too long until you receive a further communication, probably with a Single Justice Procedure Notice.

 

[AlterEgo]

It may be they are liaising with Southeastern to ascertain whether the OP was paying fares from their home station, and what the true extent of the offending is. They may also be looking to take action against the holder of the pass. It’s unusual for them to take so long.

 

[kb6764]

Yeah I thought it was a bit odd too the length of time. With Southeastern I 100% pay for my fares (with the correct railcard).
My mum hasn't received any emails regarding the matter.

== Doublepost prevention - post automatically merged: 23 May 2025 ==

My mum only had the pass for a very short amount of time - around 2/3 months so hadn't been used much.
I was told we can order a replacement card for her, which I have partially completed the replacement for in the online portal, but obviously won't fully complete it until she is back as she is still abroad.
I haven't told her yet either about her card getting confiscated so that will be a fun chat.

 

[kb6764]

Moderator Note - I've merged this with the original thread to keep everything relating to the case in one place.

Hi all,

I made a thread earlier this year (see https://www.railforums.co.uk/threads/help-got-caught-using-my-mums-60-oyster-tfl.281436/), because I was caught misusing a freedom pass.
Rightfully so, I have received a court summons letter. I have learned to come at peace now with what I have done and the consequences of my actions, and I know for a fact I will never ever do something like this again.

A couple of weeks ago, I received a court summons letter detailing the following:
- The pass identified a further 22 journeys, avoiding fares of £122.65.
- An application will be made in court for a £375 contribution towards the costs of Transport for London.
- Compensation of £6.70 in respect of the fare avoided.

Before attending court, I would like to try one last time to offer TfL an out of court settlement - before I do this I want to understand what the cost of the fine will be after attending court.
As far as I am aware, I only made 9 out of the 22 journeys, so I will be pleading guilty to 9 journey with a cost of £60.30.

How can I calculate a rough estimate of the fine that I will be given in court?

Thanks all for your help.

 

[AlterEgo]

Before attending court, I would like to try one last time to offer TfL an out of court settlement - before I do this I want to understand what the cost of the fine will be after attending court.

TfL do not settle cases out of court for money, ever. We know this from their public prosecution policy as well as Freedom of Information requests they have disclosed.

The disposals are either:

- a warning
- prosecution for the offence/s.

Therefore offering them the fare is a non-starter. They don't get the *fine* - that goes to HM Treasury. The fine is your punishment.

TfL have decided to prosecute you and at this stage there is nothing else that can be done except attend court as ordered.

As far as I am aware, I only made 9 out of the 22 journeys, so I will be pleading guilty to 9 journey with a cost of £60.30.

When you say "as far as I am aware", is there a reason you want to leave the other 13 on file for them to potentially come back to bite you later if they decide to prosecute for those too? I would do this only if I was certain. The amount being quibbled here is something like £70.

How can I calculate a rough estimate of the fine that I will be given in court?

Court will cost you the following:

- A fine based on your income (the sentence for the offence and discounted by a third if you plead guilty at the first opportunity)
- A surcharge of 40% of the value of the fine
- A contribution towards TfL's costs as already outlined in their correspondence
- Compensation for the fares avoided as already outlined in their correspondence

 

[kb6764]

I am 100% certain I didn't make the journeys. I am trying to retrieve the journey history from my current oyster card so I can show I made separate journeys on those days, but it seems like they only retain the journey history for 9 weeks.

Would I need to show evidence that I didn't make those journeys, or will they first need to show evidence that I did? If they have access to CCTV then I know I will not be in it.

 

[training808]

What is the likelihood that OP will receive a criminal conviction?

I understand they mentioned court summons, but does this mean a criminal conviction given that they are planning to plead guilty anyway and pay the fine?

 

[kb6764]

What is the likelihood that OP will receive a criminal conviction?

I understand they mentioned court summons, but does this mean a criminal conviction given that they are planning to plead guilty anyway and pay the fine?

I am being charged under tfl bylaws 17(1) - Did enter a compulsory ticket area without having with him a valid ticket. I have accepted this now and have come to terms with it.

What I don't want them doing is if I plead not guilty to the other 13 journeys, I don't want them setting another court date - even though I am 100% certain I did not make the other journeys.

 

[simonw]

I am being charged under tfl bylaws 17(1) - Did enter a compulsory ticket area without having with him a valid ticket. I have accepted this now and have come to terms with it.

What I don't want them doing is if I plead not guilty to the other 13 journeys, I don't want them setting another court date - even though I am 100% certain I did not make the other journeys.

If you plead guilty to any of the offences then you will get a fine and a criminal conviction. Im not sure there would be any material advantage to disputing the ones you feel you didn't commit as presumably tfl will present their evidence and you will be hard pushed to refute it - unless you have evidence you were, for example, elsewhere.

 

[Hadders]

If you admit 'taken into consideration' offences what it means is that you won't be separately prosecuted for those offences. Although the fine will be higher the additional penalty will be less severe than if you are prosecuted for those offences separately at a later date. It's also an opportunity to 'wipe the slate clean' avoiding risk of futire prosecution for those offences.

If you are prosecuted and found guilty by the court (either because you plead guilty or because you are found guilty by the court after pleading not 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 is a matter of public record and organisations have other ways of finding out about them, for example they are often reported in local newspapers.

For most purposes the conviction is considered as spent after a year.

 

[AlterEgo]

I understand they mentioned court summons, but does this mean a criminal conviction given that they are planning to plead guilty anyway and pay the fine?

Yes. That is what a conviction is. You are found guilty or plead guilty and the court makes this formal finding of your guilt.

 

[kb6764]

If you plead guilty to any of the offences then you will get a fine and a criminal conviction. Im not sure there would be any material advantage to disputing the ones you feel you didn't commit as presumably tfl will present their evidence and you will be hard pushed to refute it - unless you have evidence you were, for example, elsewhere.

Yes that is what I am afraid of, I don’t have much evidence apart from my oyster card journey history which I have a feeling I will not be able to get because can only access the last 9 weeks.

I want it to be a fair and just process, but at the same time I cba to do this all again so might as well plead guilty to the other offences, and as Hadders has mentioned wipe the slate clean.

 

[furlong]

You must not admit to offences you know you did not commit - that could be another offence in itself: perjury! If you didn't make the journeys it's theoretically possible they could discover evidence showing that you lied about them.
(You are simply expected to be honest with them now. If there are journeys you are not sure about you just need to tell them exactly that - even if you do in the end agree to pay compensation for them on the basis it's likely you made them.)