Caught Using Parent’s Freedom Pass – Seeking Advice

[physicist]

Hi all,

I’ve been reading through the forum and found it incredibly helpful, so I wanted to share my situation and ask for some advice.

I was recently stopped by a TfL inspector on 21st July 2025 at Stratford station for using my dad’s Freedom Pass. I fully admit to using it and deeply regret my actions.

To give some context:

• I started using the pass in October 2024 to travel to university.
• From November to December 2024, I lost the pass and didn’t use it.
• I resumed using it from January to the end of May 2025, during which I also started another part-time job that required me to travel by train.
• From late May to late June, I only used the pass once.
• In July, I used it only a few times before being caught.

TfL has now sent me a Verification Letter, asking for my version of events. In my response, I explained that I’m a full-time student, have applied for student finance, and gave three-quarters of the funds to my mum to help support the family. I used the pass to ease the financial burden slightly, not to profit or deceive anyone for gain.

During the incident, when the inspector asked how long I had been using the pass, I was extremely nervous and under a lot of pressure. I blurted out “a year,” but that’s not accurate, it had not been a full year of use, and I regret not answering more clearly in the moment.

I understand that what I did was wrong, and I’m willing to accept the consequences. From what I’ve read on the forum, the next step is TfL deciding whether to offer a settlement or proceed with prosecution. Given how frequently I used the pass, I’m worried they may not offer a settlement.

I wanted to ask:

• Would this be treated under TfL Bylaws, or as fraud under the Regulation of Railways Act 1889 or Fraud Act 2006?
• Would this result in a criminal record?
• If a criminal record is given, would this affect me when applying for internship, master's degree or to the NHS Scientist Training Programme (STP) in the future?
• Would I be jailed?

Any insight would be appreciated. Thank you in advance for your time.

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[John R]

TfL doesn't offer settlements, so they will either let you off with a warning (which appears very unlikely given what you have written about the case) or will prosecute. If you are convicted then yes, you will have a criminal record. The case will most likely be heard under TfL Bylaws, and certainly not as fraud. I cant comment on what effect it might have on future applications, as the continued use over a long period does take away the excuse of a momentary lapse of judgement, but we normally advise that unless a field of employment is particularly hot on integrity (eg law, finance, healthcare) then it would be unlikely to have an impact.

You most definitely will not be jailed, to clear up one important question.

It will help us if you reproduce TfL's letter, and what you said in your response, (with identifying information obscured), but to correct one point that you made, you did use the pass to "profit or deceive anyone for gain", and you need to understand that.

 

[Straus]

• If a criminal record is given, would this affect me when applying for internship, master's degree or to the NHS Scientist Training Programme (STP) in the future?

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I believe all NHS roles require disclosure of criminal convictions - I think it's unlikely that this conviction (if you are convicted) would prevent your sucessful application.

 

[duffield]

Given the repeated nature of your offending and the fact that it is TfL you are dealing with, somehow raising the money (maybe £1000) to employ a solicitor may be your best (and possibly only) hope of avoiding prosecution (if that's what you are determined to do). But that considerable expense still does not guarantee you will avoid court.

If you do decide to employ a solicitor, it is essential it is one who specialises in railway fare evasion cases.

 

[dosxuk]

I used the pass to ease the financial burden slightly, not to profit or deceive anyone for gain.

How would you otherwise describe using a pass that you had no entitlement to in order to reduce your outgoings?

TfL are very minded to go straight to prosecution in these types of case. Statements like that will count against you as it implies you see avoiding fares as a victimless crime and that you had done nothing morally wrong - i.e. you'd likely carry on if you're not handed a sufficient deterrent. If you want to avoid prosecution, you're going to have to do everything you can to apologise, grovel and take responsibility for your actions.

 

[Mcr Warrior]

Given the repeated nature of your offending and the fact that it is TfL you are dealing with, somehow raising the money (maybe £1000) to employ a solicitor may be your best (and possibly only) hope of avoiding prosecution (if that's what you are determined to do). But that considerable expense still does not guarantee you will avoid court.

If you do decide to employ a solicitor, it is essential it is one who specialises in railway fare evasion cases.

Concur with @duffield. One such legal firm that gets mentioned on here from time to time is Manak solicitors. Link to one of their ads shown below. Unlikely to be cheap. Other firms are available.

Transport for London Fare Evasion– Manak Solicitors

Samir has assisted clients with Transport for London cases for many years.

manaksolicitors.co.uk

Extracts...

The majority of our clients have offended a high number of occasions without being caught previously.

Manak Solicitors is a trading name of Manak Lawyers Limited registered at Companies’ House in England & Wales Company Number: 09877015

 

[IanMac]

It occurs to me that the passholder may be asked about the circumstances.

 

[Haywain]

It occurs to me that the passholder may be asked about the circumstances.

From what we see on the forum that is extremely unlikely to happen.

 

[Hadders]

Welcome to the forum!

If you've read other threads involving TfL you've probably already read the advice I normally give in these cases, but I'll repeat it below for completeness.

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 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, normally 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.

We have seen some recent cases where involving a solicitor has resulted in a warning being issued. A solicitor cannot change what has happened, and you do need to appreciate that this case in an example of industrial fare evasion, not a one-off occurrance. Solicitors specialising in rail fare evasion do not come cheap and you will need to pay their fee regardless of whether they are successful in being able to negotiate a favourable outcome.

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

To answer your specific questions:

Would this be treated under TfL Bylaws, or as fraud under the Regulation of Railways Act 1889 or Fraud Act 2006?

All the cases I've seen have been prosecuted under the TfL Byelaws.

Would this result in a criminal record?

See above.

If a criminal record is given, would this affect me when applying for internship, master's degree or to the NHS Scientist Training Programme (STP) in the future?

You should mention it if asked about it. For most purposes it is considered as spent after a year. The charity 'Unlock' is a good source of information.

Unlock

For people with criminal records.

unlock.org.uk

Would I be jailed?

No. People do not go to jail for this sort of thing.