Confused on policy of misusing freedom pass?

[Zdawg]

Hi all,

I was stopped using a family members freedom pass at a tube station today, and was wondering what the protocol was for TfL for checking how often it had been misused?
It was a mistake of picking up the wrong card, but I am concerned I may be prosecuted for other trips done by the owner of the card at nearby stations as they may think it was me? Making the fine higher?
I am ok with paying the small fine or even being prosecuted for my mistake but I don’t want to have to go through unnecessary hassle on accusation of being a repeat offender, as I have commonly seen in threads regarding issues like this
Is there anyway they could use cctv or something to prove it was not me?
Thanks

 

[Hadders]

Welcome to the forum!

Transport for London take misuse of Freedom Passes cards very seriously and a prosecution under the TfL Bylaws is the usual outcome.

TfL will send you a Verification Letter in the next 2-3 weeks. It may be sooner, it may be later depending on their volume of cases. This asks you to confirm or deny the incident and is an opportunity for you to tell TfL about any mitigating circumstances you want 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 reduced by a third of 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.

As far as I know your relative will be able to apply for a new card, although I'm not exactly sure what the procedure is for this. Again as far as we know there are no consequences for them other than having to apply for a new card.

Some people have reported that using a solicitor to assist in presenting their mitigation can sometimes result in a more favourable outcome. The decision on whether or not to use a solicitor is one that only you can make - solicitors specialising in fare evasion aren't cheap and you will still have to pay their fee even if they are unable to negotiate a more favourable outcome for you.

In answer to your specific questions:

I am ok with paying the small fine or even being prosecuted for my mistake but I don’t want to have to go through unnecessary hassle on accusation of being a repeat offender, as I have commonly seen in threads regarding issues like this

It's not up to you to decide what happens next. Ultimately TfL will decide how to proceed and what hassle it might cause you won't be any concern of theirs.

Is there anyway they could use cctv or something to prove it was not me?

It's highly unlikely they will check CCTV. The one case where TfL caught you is sufficient for them to prosecute so they are unlikely to spend too much time finding other incidents. Is there a pattern to the journeys made legitimately that is different to the journey you made?

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

 

[Zdawg]

Is there a pattern to the journeys made legitimately that is different to the journey you made?

The station where I was stopped is the same as one that is attended occasionally on the card. Would this be enough to make a connection and have them push for more convictions?

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.

Could I have some clarification on this please? I don’t quite understand that if the conviction won’t appear on the police national computer or on background checks, how it would affect anything?

 

[Pushpit]

If TfL decides that you did do other trips, their approach seems to be to offer you a court process where the other fares are "taken into account". This means you agree - or don't challenge - their assessment and you pay TfL the cost of these fares. This doesn't make you extra guilty or change the court's fine. If you disagree, on the basis that you did not makes these trips, then you can object to this and that particular court case will focus purely on the occasion you were caught. Either way the fine and criminal record will stay the same, it's just TfL's costs will be higher if you agree to to other trips to be taken into account. If you reject the "taken into account" offer, at least in theory TfL can prosecute you separately for further cases, if it has the evidence. It's unlikely to happen, the main benefit of accepting "taken into account" is to wipe the slate clean, so many defendants appear to accept the offer.

If it was just a few problematic cases I doubt they will bother. But if it was weeks / months of unlikely travel for someone over 60 years old or with disabilities, I imagine TfL will dig deeper.

 

[Zdawg]

But if it was weeks / months of unlikely travel for someone over 60 years old or with disabilities, I imagine TfL will dig deeper.

Unlikely travel? The other sporadic uses were just my mum going to work (she mainly works from home and only comes into the office once a week max)

 

[AlterEgo]

This isn't really your biggest worry, haggling over a handful of other trips.

You will almost certainly be prosecuted, fined, have to pay the fare back, and a surcharge, and receive a criminal conviction which is spent after a year. Whether you have to pay back £3.50 in fares avoided or £100 isn't really something I would lose sleep over here. The fine is separate to this and linked to your income. However, if you genuinely were stopped on the very first time you mistakenly used it (a bit of an oxymoron!) you are an extremely unlucky person! TfL likely assume that almost everyone caught with a Freedom Pass is misusing it habitually.

Could I have some clarification on this please? I don’t quite understand that if the conviction won’t appear on the police national computer or on background checks, how it would affect anything?

You have a legal obligation under the Rehabilitation of Offenders Act to disclose any unspent conviction to prospective employers, insurers, voluntary organisations and the like, regardless of whether the employer can find out using a DBS Check or whether they simply find out because your name ends up in the news for some reason, perhaps. The conviction won't be a *secret*, it just isn't on the PNC. Failing to disclose the conviction when required may also be an offence in and of itself.

A Bylaw conviction isn't on the PNC but is still a matter of public record and can be disclosed under some circumstances on an Enhanced DBS Check (eg: if you were in a very high trust job like looking after vulnerable people).

Your conviction will be spent after a year and in most circumstances after that time you won't need to disclose it unless the job/role is exempt from the Rehabilitation of Offenders Act; you will in fact have the right to conceal it, or refuse to answer, or even lie when asked. Unlock is a charity which can help with clarity on this.

 

[Zdawg]

Thank you for the clarification. The only reason I asked about the multiple instances is because I read on other threads that the fine was linked to how many offences you had committed and what you had to pay back to TfL so I was concerned that it may be higher should they suspect other uses.

 

[alholmes]

Thank you for the clarification. The only reason I asked about the multiple instances is because I read on other threads that the fine was linked to how many offences you had committed and what you had to pay back to TfL so I was concerned that it may be higher should they suspect other uses.

To clarify, the fine is determined by the level of your income. What you have to pay back to TfL (through the Court) to cover fares avoided is determined by how many journeys you admit to making.

There was a case on here yesterday where a traveller has been charged with a single offence, but TfL have identified another 55 journeys made which they are proposing that the traveller requests that the court “takes into account”. This means that the traveller has to pay the court the value of the fares for those 55 journeys, but it doesn’t increase the fine. And crucially, it means that TfL cannot then start A separate prosecution for any of those 55 journeys.

 

[Zdawg]

I see, so is it likely after I send back my first response letter they will try to charge me for these instances regardless? And should I just accept them and the larger fine to avoid the hassle?

 

[alholmes]

I see, so is it likely after I send back my first response letter they will try to charge me for these instances regardless? And should I just accept them and the larger fine to avoid the hassle?

Ultimately it’s your choice, and they may or may not include them in the charge. But for peace of mind and to avoid any future hassle then it’s probably better to just accept them, if it’s only going to be a few £s extra.

 

[Pushpit]

I see, so is it likely after I send back my first response letter they will try to charge me for these instances regardless? And should I just accept them and the larger fine to avoid the hassle?

Well we are all speculating here, you best wait to see what they say. If it's just a few trips costing a few pounds you may prefer just to pay up. As a matter of law you can only be prosecuted for your own misdemeanours, and you shouldn't worry about being falsely prosecuted for trips legitimately made by your mother. You should for now focus on your own problems. If, on the other hand, you did do more trips then that, as they say, is another matter - TfL don't normally get things wrong from what I can make out, and they have a factory style approach to taking people to court, 20 thousand such cases annually.

 

[Haywain]

As a matter of law you can only be prosecuted for your own misdemeanours, and you shouldn't worry about being falsely prosecuted for trips legitimately made by your mother.

You can be prosecuted for all sorts of things that you may not have done but you won't be convicted unless the evidence is strong enough.

 

[Zdawg]

another thing I’d like to add is that as I’m a student I don’t have an income. What would the base fine be based off of? My student finance? Would that mean it’s lower than if I had a job?

 

[island]

another thing I’d like to add is that as I’m a student I don’t have an income. What would the base fine be based off of? My student finance? Would that mean it’s lower than if I had a job?

In general, fines issued to students and the unwaged are calculated based on a notional weekly income of £120.

 

[Zdawg]

Thank you for the responses and clearing things up everyone.
I have a couple more questions about the situation with any information being much appreciated although i understand it’s hard too know much until I’ve responded to the initial letter.

What is the general time frame for the whole process being over? I’m planning on reapplying to uni and it would be much easier to do this id imagine without having to explain away the record that will come through whenever the persecution is done
Since it was an isolated incident, is there a chance for an out of court settlement with just a fine and warning? I understand this is not very common but I would imagine if I were found to just have one charge they wouldn’t want to make a big deal out of going through the whole process?

 

[6Gman]

Since it was an isolated incident, is there a chance for an out of court settlement with just a fine and warning? I understand this is not very common but I would imagine if I were found to just have one charge they wouldn’t want to make a big deal out of going through the whole process?

TfL do not appear to do out of court settlements. They generally prosecute but sometimes - rarely - issue a final formal warning. From cases seen on here warnings seem to be linked to using a solicitor - but that will cost several hundred pounds, and there is no guarantee of success.

And prosecuting is not "a big deal" to them; it's their job, and they handle dozens/ hundreds/ thousands each month. It's just one more on the list.

 

[Gloster]

It will take anything from a week to a couple of months for the letter to arrive.

If you are applying to university, read their regulations very carefully as failing to disclose a conviction might be a much more serious matter than disclosing it. If you do not apply until you know more about the charge, you are at least able to explain it in the most favourable way without misleading the university or lying.

 

[Titfield]

whenever the persecution is done

You would be prosecuted not persecuted.

 

[AlterEgo]

Thank you for the responses and clearing things up everyone.
I have a couple more questions about the situation with any information being much appreciated although i understand it’s hard too know much until I’ve responded to the initial letter.

What is the general time frame for the whole process being over? I’m planning on reapplying to uni and it would be much easier to do this id imagine without having to explain away the record that will come through whenever the persecution is done
Since it was an isolated incident, is there a chance for an out of court settlement with just a fine and warning?

They either prosecute you or give you a warning; it’s a binary choice for them, with prosecution being very much the default option.

I understand this is not very common but I would imagine if I were found to just have one charge they wouldn’t want to make a big deal out of going through the whole process?

It’s difficult for them to ascertain who has used the pass when and frankly they don’t very much care. People who fiddle Freedom Passes don’t often do it once; the likelihood of being caught on your first occasion is very low, and even when people do get away with it once or twice, it tends to embolden them to do it more. They take a really dim view of this sort of offence and prosecute up to 30,000 people a year. It is not a big deal for them; they handle probably 50-100 cases every working day.

 

[Titfield]

Since it was an isolated incident, is there a chance for an out of court settlement with just a fine and warning? I understand this is not very common but I would imagine if I were found to just have one charge they wouldn’t want to make a big deal out of going through the whole process?

TfL will go through the whole process even for just one incident. There view would be even if was your first offence, they have nipped in the bud what if not stopped could recur.