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Freedom pass misuse Southeastern

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Railx

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Dear All,

I have been caught on 2nd October using someone else's Freedom pass by Southeastern employee. They recorded my details and an interview, issued verification letter on 3rd October. I was requested to sign the interview notes handwritten by the inspector on the day of the incident. When the handwriting was shown to me, nothing was clear at all, and the SE employee joked: "if you don't understand my ugly writing, sign anyway". I signed, due to shock and willingness to show collaboration (I guess might have been mistake, but that's now done). No interview outcome was attached to verification letter, and I don't have visibility of it. Of course, I remember what I said, but am worried that it might have been misinterpreted. I am not a native English speaker.

My expected outcomes are to:
- avoid conviction (due to immigration matters). Of course, I realise my guilt and am willing to pay the fine(s).
- avoid the person whose pass I used being penalised.

From your experience, could you kindly advise:
1. I studied the forum and see that SE often agree for out of court settlements, though the cost of them is high. Is it worth responding to the verification letter in an apologetic way, asking for out of court settlement (and invest maximum into that amount rather that solicitor)?
2. OR is it better to engage a solicitor? In that case, could anyone share recommendation of a solicitor who specialises both in both freedom pass misuse and dealing with Southeastern?

Thank you very much in advance!
 
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jfollows

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Yes, please clarify who stopped you ten days ago, please post any paperwork here if you can. TfL generally prosecute whereas others (GTR for example) are usually willing to settle out of court.
Southeastern implies the latter.
 

Railx

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Thank you very much for the replies! The freedom pass was given to my aunt by London councils; it allowed travel within London zones 1-6 for free.
I was caught by Southeastern staff (who confiscated the pass) and the letter arrived from Southeastern too. I have asked for the quote from the solicitor and the cost is £1.2k + VAT, they said they are confident they can help me avoid prosecution; however, I have explored at this forum that the settlement amounts with SE can reach up to £3k, and I simply can't afford £4.5k payment to both SE and solicitor. Do you think having solicitor can reduce the potential payment to SE?
 

Haywain

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If you are dealing with Southeastern you should consider yourself fortunate as they will almost certainly agree to settle out of court. Had you been caught by TfL staff prosecution would have been a near certainty.
 

Haywain

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Won't Southeastern pass this one to TFL because it's abuse of a TFL pass?
And forego the money that Southeastern can receive from a settlement? No chance.
Thank you very much for the replies! The freedom pass was given to my aunt by London councils; it allowed travel within London zones 1-6 for free.
I was caught by Southeastern staff (who confiscated the pass) and the letter arrived from Southeastern too. I have asked for the quote from the solicitor and the cost is £1.2k + VAT, they said they are confident they can help me avoid prosecution; however, I have explored at this forum that the settlement amounts with SE can reach up to £3k, and I simply can't afford £4.5k payment to both SE and solicitor. Do you think having solicitor can reduce the potential payment to SE?
You do not need a solicitor at this stage, as a carefully crafted letter (replying to the letter you will inevitably receive in due course) should elicit the offer of settlement. Obviously, you can spend an extra £1500 if you want but I wouldn't advise it. The amount that Southeastern will ask for in settlement will depend on the amount of fare evasion they can identify, and that will depend on how much use you have made of that Freedom Pass - you will know how much that is, but it's going to have to be a lot for a settlement to reach £3,000, Typically, Southeastern will ask for the fares due and add on an amount for their costs, which is likely to be around £150.
 

WesternLancer

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I’m thinking the op may have received a letter already.

As asked up thread we do need to know answers to a few questions and ideally see copies of any paperwork already received.
 

Railx

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Thanks for the replies once again! Indeed, I have received the letter and it's the standard one to what others posted in the forum - attaching.

One more practical question please: I've seen some recommendations in the forum to purchase a season ticket asap and start using it - does it make sense to purchase the monthly one? I am due to move in 3-4 months to an area in opposite side of London; therefore, I will simply not be able to use an expensive 1-year ticket; and quarterly one doesn't exist, sadly! Obviously, I will always pay correct fares in the future after this bitterly lesson, however, not sure if just explaining this verbally will help in the validation letter or any practical proofs would be better.
 

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WesternLancer

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Thanks for the replies once again! Indeed, I have received the letter and it's the standard one to what others posted in the forum - attaching.

One more practical question please: I've seen some recommendations in the forum to purchase a season ticket asap and start using it - does it make sense to purchase the monthly one? I am due to move in 3-4 months to an area in opposite side of London; therefore, I will simply not be able to use an expensive 1-year ticket; and quarterly one doesn't exist, sadly! Obviously, I will always pay correct fares in the future after this bitterly lesson, however, not sure if just explaining this verbally will help in the validation letter or any practical proofs would be better.
Advice to buy a season ticket would be to demonstrate you have done something practical to show you have changed your ways. But I don’t think that would be something you need to do if said season ticket would not be of use to you during it’s validity period eg because you are moving address in the period concerned.
 
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