Caught using freedom pass

[klp]

I was caught using a freedom pass yesterday. Initially, I claimed it was mine, but I had my purse open with my actual ID visible, which they asked to see, and I showed it to them. In hindsight, I could have refused to show the card and left the station since TfL officers cannot restrain or touch you. The officer then started writing her notes and asked why I lied. I told her to just write what she needed and return my ID.

I am now waiting for a letter in the mail. My boyfriend’s mum suggested I send the letter back to TfL, stating that I no longer live at the address. My boyfriend has done this with speeding tickets in the past, and it seemed to work. Has anyone ever tried this?

 

[skyhigh]

My boyfriend’s mum suggested I send the letter back to TfL, stating that I no longer live at the address.

It is a totally stupid idea and will just result in a load of trouble for you.

 

[Gloster]

I am now waiting for a letter in the mail. My boyfriend’s mum suggested I send the letter back to TfL, stating that I no longer live at the address. My boyfriend has done this with speeding tickets in the past, and it seemed to work. Has anyone ever tried this?

Don’t. It might delay things, but it will mean far more cost and trouble when they do catch up with you. Deal with it now and at least you can close the matter.

 

[Haywain]

I was caught using a freedom pass yesterday. Initially, I claimed it was mine, but I had my purse open with my actual ID visible, which they asked to see, and I showed it to them. In hindsight, I could have refused to show the card and left the station since TfL officers cannot restrain or touch you. The officer then started writing her notes and asked why I lied. I told her to just write what she needed and return my ID.

I am now waiting for a letter in the mail. My boyfriend’s mum suggested I send the letter back to TfL, stating that I no longer live at the address. My boyfriend has done this with speeding tickets in the past, and it seemed to work. Has anyone ever tried this?

Have you come here for advice on how to correctly deal with this matter or to try and find a way of getting away with it? If it's the latter, you are going to be disappointed.

 

[Titfield]

Did the TfL staff retain the Freedom Pass? If so its owner will almost certainly be identified and will have questions to answer / be put to some trouble.

 

[AlterEgo]

I’m afraid you’re in big trouble here.

TfL will almost certainly prosecute you in the magistrates' court for the Bylaw offence - it's important to set expectations from the outset. They view this sort of crime very dimly, and your dishonesty when stopped only counts as an aggravating factor.

TfL may audit the pass to see if there are suspicious patterns and ask to to comment on other offences, but as a rule they will write to you asking for your side of the story - all of this is admissible in court and you are best advised to ask on here once the letter arrives, for help in compiling a response that will avoid incriminating you further. There is nothing to stop you from pleading with TfL not to prosecute you, but be under no illusions that avoiding court for this sort of wilful fare evasion by abusing free passes is very unusual indeed.

if you are summonsed or issued a Single Justice Procedure Notice, as is very likely, you will be asked to plead guilty or not guilty. The punishment from the court will be as follows:

- A fine based on your weekly income (normally discounted by a third for pleading guilty at the earliest opportunity)
- A surcharge of 40% of the value of the fine
- A contribution towards the train company’s costs
- Compensation for the fares avoided

Returning the Mail will result in a prosecution in your absence and you will therefore lose the ability to make an early guilty plea and get a discount on the fine as part of your sentence.

 

[Crawley Ben]

I was caught using a freedom pass yesterday. Initially, I claimed it was mine, but I had my purse open with my actual ID visible, which they asked to see, and I showed it to them. In hindsight, I could have refused to show the card and left the station since TfL officers cannot restrain or touch you. The officer then started writing her notes and asked why I lied. I told her to just write what she needed and return my ID.

I am now waiting for a letter in the mail. My boyfriend’s mum suggested I send the letter back to TfL, stating that I no longer live at the address. My boyfriend has done this with speeding tickets in the past, and it seemed to work. Has anyone ever tried this?

Your post comes across as somewhat arrogant in all honesty & you either don't understand or just don't care about the seriousness of the situation you find yourself in. I hope you take a moment or two to think about things as what you have suggested is not a wise idea. This matter isn't simply going to go away and you should be mindful of that.

Ben

 

[island]

I am now waiting for a letter in the mail. My boyfriend’s mum suggested I send the letter back to TfL, stating that I no longer live at the address. My boyfriend has done this with speeding tickets in the past, and it seemed to work. Has anyone ever tried this?

Your boyfriend will find out that these matters don't go away that easily, as will you in due course if you attempt that course of action.

 

[Gloster]

If you pretend that you don’t live at your address, it is highly likely that the case will go ahead in your absence and, as mentioned in#6, you will lose the advantage of an early plea. If found guilty, and this seems to be almost certain, the matter will eventually be handed to bailiffs to find you and recover goods to the value of what you owe the court and TfL. Bailiffs are very good at finding people even if they don’t want to be found and they will add their costs. You will end up no better off and a lot poorer than if you had faced the matter from the start. It is best to face it now, both for your pocket and your peace of mind.

(Note to the experts: I think that I have the course of events correctly.)

 

[Hadders]

Don't underestimate the ability of authorities to track people down. If making an offence going away was as simple as sending the letter back saying 'no longer lives here' then everyone would be doing it and no-one would ever get convicted for speeding, rail fare evasion etc.

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 generally 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 tae 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
- 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

 

[FuzzyDuck]

I am now waiting for a letter in the mail. My boyfriend’s mum suggested I send the letter back to TfL, stating that I no longer live at the address. My boyfriend has done this with speeding tickets in the past, and it seemed to work. Has anyone ever tried this?

I suggest you look up "perverting the course of justice" and the possible consequences.

 

[Elecman]

Whose Freedom Pass were you using ? Did they know you were using it?

 

[klp]

Has anyone ever got away with not having to pay a big fine for using a disabled rail card. If so what did you respond to the letter?

 

[methecooldude]

Need a lot more information

We need to know all relevant facts in order to assist you, including, for example:
The stations where you started & finished your journey;
The stations where you changed trains (if applicable);
If you presented a ticket(s), the information stated under "Ticket type", "From", "To", "Route", and any other relevant details;
What happened in any encounter with railway staff;
Uploading copies of any paperwork (with personal details redacted) with your post.
Be careful not to post anything incriminating or personally identifying
We need to know what outcome(s) you would consider satisfactory

Also there seems to be some confusion, the title says "Disabled Freedom Pass", but your post states "Disabled Railcard", these are 2 different things with different rules, which is it?

 

[Dai Corner]

Is the same incident you posted about previously in the following thread?

Caught using freedom pass

I was caught using a freedom pass yesterday. Initially, I claimed it was mine, but I had my purse open with my actual ID visible, which they asked to see, and I showed it to them. In hindsight, I could have refused to show the card and left the station since TfL officers cannot restrain or touch...

www.railforums.co.uk

 

[antharro]

Assuming it is that thread, you would be best advised to follow the advice already given there. From the little information given, it would seem that you are in pretty serious trouble; TfL nearly always prosecute. If you seriously want help from this forum then re-read your existing thread, take on board the advice given and answer the questions asked. People here are willing to spend their time helping you for free but don't appreciate being messed around.

Edit: I see the mods have merged your two threads into one.

 

[Cowley]

Is the same incident you posted about previously in the following thread?

Caught using freedom pass

I was caught using a freedom pass yesterday. Initially, I claimed it was mine, but I had my purse open with my actual ID visible, which they asked to see, and I showed it to them. In hindsight, I could have refused to show the card and left the station since TfL officers cannot restrain or touch...

www.railforums.co.uk

The threads are now merged into one.