Freedom pass misuse

[sdf]

I've been caught using my grandma's Freedom pass. I used the pass for 10 days.
I'm waiting for the letter to arrive at my home.
I'm extremely scared and stressed of what will happen next.

I am a nurse and a sponsor. My husband arrived to the UK 1.5yrs ago, under a spouse visa, hence he is my Dependent.

1) What will happen to me? Will I be prosecuted? How much could the penalty cost me?

2) Will this be recorded in any of my DBS?

2) Will I have to inform the NMC if I get prosecuted under the TFL Bylaws?

3) Will this be a Protected conviction?

4) Will my husband face any issues when renewing his Spouse Visa? Because I am his Sponsor.

5) Do I have to respond "yes" to questions like "have you ever convicted a Criminal Offence?"

I am a nurse and will my employer be automatically notified if I am prosecuted by TFL?

 

[Elecman]

We are not allowed by law to give any immigration advise.

TfL virtually always prosecute for misuse of high value travel passes, you will be going guilty and have a criminal record.and that conviction may well appear on a DBS.
You should inform both your employer and the NMC immediately that you receive the court documentation. Yes you do have to answer yes to any question of Criminal conviction until the conviction is considered as spent

 

[Gloster]

Others will be along with advice soon, but we cannot by law give advice on matters related to immigration and visas.

 

[pedr]

Given the immigration aspects of this, you might consider speaking to an immigration advisor (the one your husband is using to help with his various applications, if you have one, or a new one) - if they're a solicitor they may be able to provide some assistance or answers with the whole situation and not just the immigration issues, or they might sign-post you to someone who can.

While most people on this forum tend not to suggest paying for professional legal advice, in this situation it might be worthwhile.

 

[sdf]

We are not allowed by law to give any immigration advise.

TfL virtually always prosecute for misuse of high value travel passes, you will be going guilty and have a criminal record.and that conviction may well appear on a DBS.
You should inform both your employer and the NMC immediately that you receive the court documentation. Yes you do have to answer yes to any question of Criminal conviction until the conviction is considered as spent

Will this affect my Nursing career? Will I be removed from the NMC Register? Will I be withdrawn from my Job?

 

[AlterEgo]

Will this affect my Nursing career? Will I be removed from the NMC Register? Will I be withdrawn from my Job?

Those are questions best asked of your union.

 

[ainsworth74]

Unfortunately TfL take an extremely dim view of people who abuse things like Freedom passes. I have to warn you that whilst it is not unheard of for them to agree to an out of court settlement (which would mean that there was no criminal conviction or record) it is quite rare and usually requires a very strong mitigating reason for them to agree to settle rather than prosecute. I do not wish to scare you but simply to make you aware of the seriousness.

The next step will be for TfL to write to you asking for your version of events and any mitigation that you want them to take account of. I fear that it is unlikely that they will place much weight on potential career impacts nor on any suggestion that you were unable to afford the fares (if that was the reason you were using the pass). But you may wish to spend some time thinking about what mitigation that you want them to consider. When the letter arrives you are welcome to post it here (with identifying details like name, address, any reference numbers, etc redacted) and we can see if there's anything else we can suggest.

You may want to read TfL's revenue protection policy (it's fairly short) particularly Sections 6 and 8 which relate to the decision to prosecute. You can find it here.

I think you would be well advised to speak to your Union regarding the questions in relation to your employment, you would need to speak to a regulated immigration adviser in relation to any possible impacts on your spouse's status when it comes to renewal as immigration advise is highly regulated.

 

[Titfield]

Anecdotally I think we have seen some "severe warnings" issued by TfL where TfL has been approached by a solicitor instructed by the "fare evader".

 

[qamill4]

I've been caught using my grandma's Freedom pass. I used the pass for 10 days.
I'm waiting for the letter to arrive at my home.
I'm extremely scared and stressed of what will happen next.

I am a nurse and a sponsor. My husband arrived to the UK 1.5yrs ago, under a spouse visa, hence he is my Dependent.

1) What will happen to me? Will I be prosecuted? How much could the penalty cost me?

2) Will this be recorded in any of my DBS?

2) Will I have to inform the NMC if I get prosecuted under the TFL Bylaws?

3) Will this be a Protected conviction?

4) Will my husband face any issues when renewing his Spouse Visa? Because I am his Sponsor.

5) Do I have to respond "yes" to questions like "have you ever convicted a Criminal Offence?"

I am a nurse and will my employer be automatically notified if I am prosecuted by TFL?

I worked in HR and Recruitment for the NHS for years (The Royal Free and King's) and you will not lose your job. There is an enormous shortage of nurses in the NHS as everybody very well knows. You would have to be convicted of something far more serious than fare-dodging TfL to lose your job. You probably know already from experience that it is virtually impossible to be sacked in the NHS.

Plenty of NHS staff have criminal convictions - believe it or not - but the severe skills shortage works in your favour here.

I wouldn't say anything to your employer or the NMC yet! The NMC and HR just want to hear that you're very sorry and you know you've been a naughty girl and you won't do it again - they cannot afford to lose nursing positions they are desperately struggling to fill.


Good luck

 

[sdf]

I worked in HR and Recruitment for the NHS for years (The Royal Free and King's) and you will not lose your job. There is an enormous shortage of nurses in the NHS as everybody very well knows. You would have to be convicted of something far more serious than fare-dodging TfL to lose your job. You probably know already from experience that it is virtually impossible to be sacked in the NHS.

Plenty of NHS staff have criminal convictions - believe it or not - but the severe skills shortage works in your favour here.

I wouldn't say anything to your employer or the NMC yet! The NMC and HR just want to hear that you're very sorry and you know you've been a naughty girl and you won't do it again - they cannot afford to lose nursing positions they are desperately struggling to fill.


Good luck

Thank you for response.
Does this mean I have to declare to my employer and NMC about the conviction?
If yes, do I have to declare as soon as I receive a final decision outcome or when I receive the first letter from TFL?

 

[John R]

Thank you for response.
Does this mean I have to declare to my employer and NMC about the conviction?
If yes, do I have to declare as soon as I receive a final decision outcome or when I receive the first letter from TFL?

You need to check your terms of employment to answer both those questions, but I'd be highly surprised if the first answer turns out to be no.

 

[sdf]

Anecdotally I think we have seen some "severe warnings" issued by TfL where TfL has been approached by a solicitor instructed by the "fare evader".

I read from previous posts that prosecutions by Tfl Bylaws are not recorded on the Police National Computer and won't appear on Basic DBS checks.
Is this correct?

I am extremely worried, as I do not want my husband visa to be affected as a result of my actions, because he's my dependent in the UK.

== Doublepost prevention - post automatically merged: 31 Aug 2024 ==

The letter says to reply within 10 days.
Does this mean responding within 10 days from receiving the letter at home?
I have seen, there are not much clarifications by when the 10 days is.

Is it best to POST the response to their address or reply via email, if submitting mitigations?

Do you recommend photocopying the reverse page of the letter and then fill out the information and send it to them by post?

 

[sdf]

You need to check your terms of employment to answer both those questions, but I'd be highly surprised if the first answer turns out to be no.

The letter says to reply within 10 days.
Does this mean responding within 10 days from receiving the letter at home?
I have seen, there are not much clarifications by when the 10 days is.

Is it best to POST the response to their address or reply via email, if submitting mitigations?

Do you recommend photocopying the reverse page of the letter and then fill out the information and send it to them by post?

 

[Egg Centric]

We are not allowed by law to give any immigration advise.

Not law, just forum rules - this is a common misunderstanding here which I occasionally point out in the grand forum tradition of "technically that's not a fine". You need to read the "interpration" section of the law (82 from memory) as well as the prohibition (84 from memory) at which point it becomes clear this is only about giving it in the course of a business, hence why forums like immigrationboards.com or r/ukvisa/ on Reddit exist. Which is where the OP should pose her visa question.

 

[Titfield]

The letter says to reply within 10 days.
Does this mean responding within 10 days from receiving the letter at home?
I have seen, there are not much clarifications by when the 10 days is.

Is it best to POST the response to their address or reply via email, if submitting mitigations?

Do you recommend photocopying the reverse page of the letter and then fill out the information and send it to them by post?

Please upload the letter with your personal details and reference number obscured.

This may help ascertaining whether it means 10 days from date of letter or 10 days from receipt of letter. Most organisations allow a couple of extra days to allow for the vagaries of the post but it is best to assume it is 10 days from the date shown on the letter.

I normally recommend both posting by signed for delivery (as this provides proof of delivery) and by email but making clear that you have used both means. This is a belts and braces approach.

Make sure you keep a copy (use the camera on your phone or scan if you have one) of any response you write on the back of the letter.

 

[sdf]

This is usually what people receive for such offences. It does not state a clear reply date. Can you please assist.

 

[AlterEgo]

It’s best to err on the side of caution and assume ten calendar days from the date on the letter.

 

[spotify95]

This is usually what people receive for such offences. It does not state a clear reply date. Can you please assist.

This is the standard "Verification Letter", which you'll likely receive. It should have a date on it, near the top (near your name and address, which you'll want to blur out if you post the letter on here once received).
I would assume 10 days from the date mentioned on the letter, which will be when TfL sent the letter to you.
You can normally reply to TfL via email, though make sure to include any case/reference numbers with anything you do send them (including any hard copies via post).

Once you receive your letter, you'll want to be apologetic and ask them if they (TfL) will settle the matter without the need for court action. Though as others have already stated, TfL almost always prosecute when it involves mis-use of passes.

 

[sdf]

Normally, how many days does it take to receive the Verification Letter from TfL?

Anyone knows, how many days it takes the letter to be delivered at their home address, once TfL has sent out the letter for delivery?

 

[Titfield]

Normally, how many days does it take to receive the Verification Letter from TfL?

Anyone knows, how many days it takes the letter to be delivered at their home address, once TfL has sent out the letter for delivery?

Within 2 weeks seems to be the norm.

Usually received within 2 days of being sent out.

 

[sdf]

Anyone knows if TfL ByeLaw prosecutions/convictions are saved in the National police records?
Will they be saved in Enhanced DBS or Basic DBS checks?
If someone pleads guilty (admits the mistake), what could this lead to?

 

[AlterEgo]

Anyone knows if TfL ByeLaw prosecutions/convictions are saved in the National police records?

They are not on the Police National Computer but convictions remain part of the court record.

Will they be saved in Enhanced DBS or Basic DBS checks?

Not on Basic checks, but they may appear on an Enhanced check if the conviction has relevance to the role you are applying for.

If someone pleads guilty (admits the mistake), what could this lead to?

If you plead guilty you will be fined according to your weekly income (to a maximum of £1000), and also have to pay any avoided fares, the prosecution costs, and a surcharge. You will also be convicted of the offence.

 

[sdf]

Can anyone tell if sending the Letter by post and also replying to them via email, need to be done on the same day?
This is because Emails are received straight away, whereas Postal letters take about 1-2days to be delivered and received by TfL Team.
So can the email be sent 2 days later or should "Email & Postal Letter" be done same day?

 

[Titfield]

Can anyone tell if sending the Letter by post and also replying to them via email, need to be done on the same day?
This is because Emails are received straight away, whereas Postal letters take about 1-2days to be delivered and received by TfL Team.
So can the email be sent 2 days later or should "Email & Postal Letter" be done same day?

Do it at the same time so you dont forget. Just because an email is received straightaway doesnt mean it will be read straightaway.

 

[sdf]

Can you travel with your passport abroad, if you have a TfL Byelaws conviction in your record?
Will Airports be able to see the conviction in their system, when entering/exiting the UK or when entering/exiting any other countries.

 

[AlterEgo]

Can you travel with your passport abroad, if you have a TfL Byelaws conviction in your record?

That depends very much on the country and whether you need a visa or police clearance.

Will Airports be able to see the conviction in their system, when entering/exiting the UK or when entering/exiting any other countries.

The UK does not conduct exit checks. The answer to this depends again on the country and whether you need a visa or police clearance.

These questions are better asked on a per-country basis on a more specialised forum than this, but as a general rule a Bylaw conviction is of minor concern.

 

[sdf]

That depends very much on the country and whether you need a visa or police clearance.

The UK does not conduct exit checks. The answer to this depends again on the country and whether you need a visa or police clearance.

These questions are better asked on a per-country basis on a more specialised forum than this, but as a general rule a Bylaw conviction is of minor concern

Does this mean, if a visa for that country is not required, then they would not be able to see someone's Bylaw conviction in their Airport System, through passport scanning?

 

[AlterEgo]

Does this mean, if a visa for that country is not required, then they would not be able to see someone's Bylaw conviction in their Airport System, through passport scanning?

I don’t know enough to give you a conclusive answer, and you should seek country specific advice about immigration matters from somewhere a bit more specialised.