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.
It's important that you reply promptly to the Verification Letter as this is your opportunity 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 (typically 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. A criminal conviction for a railway ticketing matter won't normally affect future career prospects although we always advise people to be honest when asked if they have a conviction.
The decision on whether to use a solicitor is only one that yiou can make. A solicitor cannot changed what happened although they might be able to present your mitigation in a better way than you feel able to do yourself. On the other hand, the cost of a solicitor isn't cheap and if you do use a solicitor and end up getting prosecuted then you will still have to pay their costs as well as the fine and costs imposed by the court.
If you decide not to use a solicitor then feel free to post a draft copy of your reply in this thread and we will be happy to proof read it for you.
Here's a link to TfL's Revenue Enforcement & Prosecutions Policy which you might find worth reading:
