Freedom Pass Misuse

[bnm123]

Hello all,

I was caught today by a TFL security guard using my mother's freedom pass. Of course, I know that this is wrong and I am fully ready to face the consequences but I wanted to get some advice from people on this forum. From looking at other posts, I've seen that this is quite common but has obviously been dealt with different ways and has had different outcomes due to varying circumstances.
I've been using the pass for a couple months now (without her knowing), I'm guessing it totals around 30-40 uses? When I was caught by the TFL staff they took the pass and took my details (name + address) and informed me that I should expect a letter from TFL. He also reassured me that my mother would be able to get a new Freedom Pass. The part that confuses me slightly is that there was no 'report' taken? I wasn't asked any questions about why I was using it, how long I'd been using it etc. Additionally, the staff member didn't mention anything about a fine, prosecution, but simply stated that I should just respond to TFL with why I was using the card and it should be okay? However, after reading other people's posts I doubt this is the case and I'm definitely expecting a stronger response from TFL. This seems to differ from most other people's experiences but I'm aware that it's different for everyone.
I am fully prepared to admit to the charges and pay whatever fine as well - I really hope to avoid appearing in court though as it would massively affected my chances of future employment. Could anyone advise me on if there is anything I can do whilst I wait for this letter? Also, from what I understand the prosecution would be under TFL Bylaws - is this correct?
Additionally, I was wondering if anyone had any knowledge on whether employment status would affect my fine? I'm currently unemployed and so any fine I have to pay would come from financial support from a family member. I also have no previous convictions or warnings.
I would really appreciate any help with this and I will continue to update the thread with my letter once it arrives.

 

[30907]

I am not sure what the inspectors were trying to tell you, but you are right that TfL's letter asking for your explanation will threaten prosecution and that TfL almost always prosecute.
However (as you say) they do so under their Byelaws for "not having a valid ticket."
This is the lowest level of offence they could opt for, your conviction is "non-recordable," should not appear on a DBS check and is unlikely to worry most employers. OTOH, failing to mention a conviction when asked is likely to bring you trouble.
The court papers will give you the opportunity to state your incomes, as fines are means-tested. This is the same whether you are summoned to appear in court or dealt with by Single Justice Procedure.

 

[AlterEgo]

The most reliable way of securing a warning instead of a prosecution is to engage the services of a solicitor.

 

[bnm123]

I am not sure what the inspectors were trying to tell you, but you are right that TfL's letter asking for your explanation will threaten prosecution and that TfL almost always prosecute.
However (as you say) they do so under their Byelaws for "not having a valid ticket."
This is the lowest level of offence they could opt for, your conviction is "non-recordable," should not appear on a DBS check and is unlikely to worry most employers. OTOH, failing to mention a conviction when asked is likely to bring you trouble.
The court papers will give you the opportunity to state your incomes, as fines are means-tested. This is the same whether you are summoned to appear in court or dealt with by Single Justice Procedure.

Thank you so much for your help and advice - I really appreciate it. When you say this is the lowest level of offence they could opt for, do you think there is a chance I could be charged for a higher offence? Even if I plead guilty immediately?

== Doublepost prevention - post automatically merged: 2 Dec 2024 ==

The most reliable way of securing a warning instead of a prosecution is to engage the services of a solicitor.

Thank you. As I mentioned I'm currently unemployed so I don't think I will financially be able to engage in the services of a solicitor, especially since there's not a 100% chance of the outcome working in my favour. But I'll think about it more once the letter arrives.

 

[Hadders]

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.

What happens next is 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 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.

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

 

[Titfield]

Thank you. As I mentioned I'm currently unemployed so I don't think I will financially be able to engage in the services of a solicitor, especially since there's not a 100% chance of the outcome working in my favour. But I'll think about it more once the letter arrives.

We have seen reports of solicitors costing £600 - £900.

 

[Hadders]

Solicitors don't come cheap, and they cannot change what has happened but what they can often do is present your mitigation in a better way than you might feel able to do yourself.

If you do use a solicitor you will have to pay their fee whatever the outcome.

 

[bnm123]

We have seen reports of solicitors costing £600 - £900.

Thank you.

== Doublepost prevention - post automatically merged: 4 Dec 2024 ==

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.

What happens next is 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 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.

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

Thank you so much for all this information. I'll make sure to look at the policy and keep your advice in mind when replying to the letter.

 

[notmyrealname]

If you want to post up your draft letter before you send it, people here will help with proofreading.

 

[Mel05]

Hello, I am in the same situation as "bnm123". I received the letter from TFL today, and I am wondering if I should go ahead with a solicitor or try and respond to them on my own. Should I maybe respond first on my own and then approach a solicitor depending on the next response, or is it certain that I will be found guilty regardless of how I respond to the letter? Also, since I am guilty and I have done wrong, what kind of evidence am I supposed to show for exceptional reasons? I already approached a solicitor, but they advised they could only arrange the initial call starting next week. I must respond to the letter within 10 days, so my chances of engaging with a solicitor seem quite tight. Any advice would be appreciated. Thank you in advance.

 

[Hadders]

Hello, I am in the same situation as "bnm123". I received the letter from TFL today, and I am wondering if I should go ahead with a solicitor or try and respond to them on my own. Should I maybe respond first on my own and then approach a solicitor depending on the next response, or is it certain that I will be found guilty regardless of how I respond to the letter? Also, since I am guilty and I have done wrong, what kind of evidence am I supposed to show for exceptional reasons? I already approached a solicitor, but they advised they could only arrange the initial call starting next week. I must respond to the letter within 10 days, so my chances of engaging with a solicitor seem quite tight. Any advice would be appreciated. Thank you in advance.

Please start you own thread if you need our advice and we will be happy to assist.

We ask that only one case is discussed in each thread to avoid confusion and also because experience has taught us that no two cases are exactly the same, however similar they might appear to be at first.

 

[bnm123]

If you want to post up your draft letter before you send it, people here will help with proofreading.

Thank you

== Doublepost prevention - post automatically merged: 7 Dec 2024 ==

Hello everyone,
I have received the letter from TfL and have drafted my response. Please let me know if there is anything I should change or add. Additionally, I understand that warnings are extremely rare, so would it be worth it to ask for one in my response?


Dear Investigations Appeals and Prosecutions Team,

I am writing to respond to the letter I received regarding case number: XXXX
I accept committing this offence and I would like to express how sincerely sorry I am for using a Freedom Pass that was not my own.

On Monday 2nd December at Uxbridge tube station I was stopped by a TfL staff member for misusing my mother’s Freedom Pass. I cooperated fully with the staff member’s requests and provided my details.
My actions were completely wrong and inexcusable, and I completely regret what I did. This incident has been a significant wake up call and I have learnt the importance of honesty and paying for my fare. I have changed my behaviour, which I can demonstrate as I have been consistently paying for my travel since Monday 2nd December (please see attached).

I am completely willing to comply with the proceedings and I take full responsibility for my actions. I hope that my sincere apology, remorse, and demonstration of changed behaviour will encourage you to settle this matter without going to court. I am currently a low-income individual, with unstable employment which is why I was wrongfully using the pass - I fully acknowledge this is an explanation and by no means an excuse for my actions. The financial burden of paying court fees would be extremely challenging for me. I would also strongly like to avoid a criminal record as I am seeking graduate employment opportunities which would be affected by this. I am willing to pay the outstanding fares and TfL’s administrative costs in dealing with this case.

I value TfL’s service and can assure you that I will not commit an offence again as I have learnt from my actions. I understand the severity of my actions and that Freedom Passes are a vital resource for individuals who need them - I should have never abused this. I sincerely apologise for my actions and for all the inconvenience and harm it has caused TfL. I would truly appreciate your understanding and consideration.

Yours faithfully,

 

[30907]

Here is a thread relating to a similar misuse where the OP was let off with a warning and didn't use a solicitor.
https://www.railforums.co.uk/threads/tfl-verification-letter-response.277340/#post-7067554
I link it because their letter was brief and to the point, whereas yours, I am afraid, is wordy and repetitive.

Incidentally, saying that your are willing to pay... isn't appropriate: it is up to TfL if they are willing not to prosecute.

 

[bnm123]

Hello everyone,
I thought I would update you all regarding the outcome of this case. I received a letter that I should appear in court in around a months time and that I should pay for the total of the fares I have evaded but it seems that there is no additional fine on top of this. Luckily, the letter states that if I plead guilty in court, then I will not be prosecuted. I feel very fortunate to have received this outcome and would like to thank you all for your help with navigating this!

 

[Egg Centric]

Hello everyone,
I thought I would update you all regarding the outcome of this case. I received a letter that I should appear in court in around a months time and that I should pay for the total of the fares I have evaded but it seems that there is no additional fine on top of this. Luckily, the letter states that if I plead guilty in court, then I will not be prosecuted. I feel very fortunate to have received this outcome and would like to thank you all for your help with navigating this!

This makes no sense. Can you post a copy of the letter?

 

[Hadders]

Hello everyone,
I thought I would update you all regarding the outcome of this case. I received a letter that I should appear in court in around a months time and that I should pay for the total of the fares I have evaded but it seems that there is no additional fine on top of this. Luckily, the letter states that if I plead guilty in court, then I will not be prosecuted. I feel very fortunate to have received this outcome and would like to thank you all for your help with navigating this!

I’m a bit confused by this. If you’re being asked to plead guilty then you’re being prosecuted. It sounds as though you’ve been sent a Single Justice Procedure Notice.

Can you upload a copy of what you’ve been sent.

 

[Cuthbert]

With your personal details removed.

 

[bnm123]

Here is the section of the letter that outlines what I mentioned

== Doublepost prevention - post automatically merged: 13 Feb 2025 ==

Have I misunderstood the letter?

 

[John R]

What you've posted isn't the full notice. It's in relation to other offences which they suspect you of, not the one which they are prosecuting you for.

 

[skyhigh]

Here is the section of the letter that outlines what I mentioned View attachment 174616

== Doublepost prevention - post automatically merged: 13 Feb 2025 ==

Have I misunderstood the letter?

Yes, you have misunderstood. This is saying if you plead guilty to the one occasion you are being charged with, you can accept that you also committed the 65 other offences. You will only be prosecuted once, but the compensation will take into consideration the other offences. You'll still have a criminal conviction and court fine imposed on top of the compensation TfL has requested.

There should be further pages which make it clear that you are being prosecuted.

 

[AlterEgo]

Yes, this isn't the full notice. They're asking if you'd like a whole load of other offences to be taken into consideration, alongside being prosecuted for the single offence where you were stopped.

Have you read everything they have sent you?

You will also need to physically attend court, as this is a requisition and not a SJPN.

 

[bnm123]

Yes, you have misunderstood. This is saying if you plead guilty to the one occasion you are being charged with, you can accept that you also committed the 65 other offences. You will only be prosecuted once, but the compensation will take into consideration the other offences. You'll still have a criminal conviction and court fine imposed on top of the compensation TfL has requested.

There should be further pages which make it clear that you are being prosecuted.

I understand - that makes much more sense.

== Doublepost prevention - post automatically merged: 13 Feb 2025 ==

Yes, this isn't the full notice. They're asking if you'd like a whole load of other offences to be taken into consideration, alongside being prosecuted for the single offence where you were stopped.

Have you read everything they have sent you?

You will also need to physically attend court, as this is a requisition and not a SJPN.

Yes I understand that I need to physically attend court. I have read the full letter but I found it somewhat confusing, hence the misunderstanding.