Mistakenly used someone’s freedom pass

[bee]

Hi,

I accidentally used my mother’s Freedom Pass instead of my Student Oyster card. Both cards are kept in same colour wallets, stored together in the same drawer at home. Mistakenly, I picked up the wrong wallet without realising it until a TfL officer asked me to see my oyster card.

I typically use my Student Oyster card, and when I don’t have it, I rely on Apple Pay for my journeys. I showed evidence of my consistent use of Apple Pay to the TfL officers to demonstrate my commitment to paying the correct fare. But they didn’t right it down.

I am F24 full time university student with 2 jobs and a volunteering role. Im so stressed that this can be taken to court. I have no idea about any solicitor or anything to do with court im really scared and waiting for the letter. Any advice? Or what i would expect to receive? When will i receive it?

 

[Titfield]

I am sorry to hear of the stress and anxiety you are suffering.

From the advice which @ainsworth74 has given in a similar case with some amendments.

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. The letter usually arrives within a week or two but can take longer. I fear that it is unlikely that they will place much weight on potential career impacts nor on any suggestion that it was an accident. Having cards in identical wallets in the same place seems to be inviting such a mistake to occur. 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.

They may examine the card usage to look for evidence of multiple instances of the use of the freedom pass by you,

I think you would be well advised to speak to your Student Union if they can provide legal advice at low or zero cost.

Convictions for minor offences such as TfL fare evasion are very unlikely to have a significant career impact unless you work or plan to work in a regulated industry such as financial services, the legal profession or healthcare.

 

[notmyrealname]

For now, all you can do it to make sure you use the right card every time you travel. You could consider buying a different colour wallet because this seems to be a common problem with Freedom pass mix-ups. Or you could mark the wallets so you know which cards are in them without opening them.

 

[najaB]

I accidentally used my mother’s Freedom Pass instead of my Student Oyster card. Both cards are kept in same colour wallets, stored together in the same drawer at home. Mistakenly, I picked up the wrong wallet without realising it until a TfL officer asked me to see my oyster card

How likely is it that, were TfL to check, they would find that this has happened before?

 

[bee]

I am sorry to hear of the stress and anxiety you are suffering.

From the advice which @ainsworth74 has given in a similar case with some amendments.

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. The letter usually arrives within a week or two but can take longer. I fear that it is unlikely that they will place much weight on potential career impacts nor on any suggestion that it was an accident. Having cards in identical wallets in the same place seems to be inviting such a mistake to occur. 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.

They may examine the card usage to look for evidence of multiple instances of the use of the freedom pass by you,

I think you would be well advised to speak to your Student Union if they can provide legal advice at low or zero cost.

Convictions for minor offences such as TfL fare evasion are very unlikely to have a significant career impact unless you work or plan to work in a regulated industry such as financial services, the legal profession or healthcare.

Thank you for your response and the helpful advice. Unfortunately, my university does not assist with legal matters or issues outside of campus. I will submit my letter as soon as I receive it. I have evidence of regular use of TfL through my Apple Pay on my phone, though I’m uncertain if this would be considered strong evidence. If I’m asked to attend court, could a lawyer represent me since I have work and university commitments? Also, could you advise on how to find a lawyer who handles this type of case. And what would be an estimate of the costs?

 

[AlterEgo]

I typically use my Student Oyster card, and when I don’t have it, I rely on Apple Pay for my journeys. I showed evidence of my consistent use of Apple Pay to the TfL officers to demonstrate my commitment to paying the correct fare. But they didn’t right it down.

Well they aren't going to be interested in that. That's like walking out of a shop with an item without paying and showing receipts from the times you did pay. How are they to know your Apple Pay history covers all the times you use the train? In any case, given you have a Student Oyster with a healthy discount on it, why would you use Apple Pay to pay for full fares?

I am F24 full time university student with 2 jobs and a volunteering role. Im so stressed that this can be taken to court. I have no idea about any solicitor or anything to do with court im really scared and waiting for the letter. Any advice? Or what i would expect to receive? When will i receive it?

TfL will audit the pass as a matter of course to ascertain how many similar journeys have been made before. Would they find any journeys between the same two stations on the Freedom Pass' record?

As an aside, the "we keep them in identical wallets next to each other in the same drawer" is something they are going to have heard many times before.

We have seen occasional instances where TfL will dispose of the matter with just a warning, but by and large they prosecute Freedom Pass cases in the magistrates' court under a Bylaw.

 

[bee]

Well they aren't going to be interested in that. That's like walking out of a shop with an item without paying and showing receipts from the times you did pay. How are they to know your Apple Pay history covers all the times you use the train? In any case, given you have a Student Oyster with a healthy discount on it, why would you use Apple Pay to pay for full fares?


TfL will audit the pass as a matter of course to ascertain how many similar journeys have been made before. Would they find any journeys between the same two stations on the Freedom Pass' record?

As an aside, the "we keep them in identical wallets next to each other in the same drawer" is something they are going to have heard many times before.

We have seen occasional instances where TfL will dispose of the matter with just a warning, but by and large they prosecute Freedom Pass cases in the magistrates' court under a Bylaw.

Many thanks for the reply. They wouldn’t find the same journeys or a frequent repeated journey on the freedom pass unless it’s actually used by the owner for example going to hospital appointments or shopping.

I just reviewed my bank statements and found evidence of using TfL every time I'm out spending money, except for online transactions like Amazon, clinics, online shopping, and bills. It's very rare for me to have in-person transactions where TfL usage isn't shown, and in those cases, I can prove that the location is nearby and that I walked there.

I have no idea what else to think of in term of the reasoning behind me carrying someone’s freedom pass.

My student oyster card has discounts on monthly payments and i don’t use it as much as I don’t travel a lot during the summer which makes it cheaper to just use my apple pay.

 

[Titfield]

I am sorry but I very much doubt that TfL would be that bothered by the "evidence" of paying for fares correctly. They will simply focus on the one occasion when you were caught using a Freedom Pass.

We have been advised that Manak Solicitors and Penman Sedgwick Solicitors specialise in this type of work. You would need to contact them for an estimate of their costs to deal with the matter. If you search this forum you may find examples where posters have advised the costs they have incurred.

The choice you would have to make is between (1) allowing the matter to take its course and in all probability proceeding to court where you would be fined, have to pay a victim surcharge, the fare and any costs TfL seek (2) employing a solicitor who may be able to persuade TfL to issue a warning. EDIT or accept payment of the fare plus and admin fee (my error TfL does not offer out of court settlements). The risk of course is that they may be unsuccessful and you would end up paying their fees as well as what eventually the court orders you to pay.

A criminal record is not the "career ending" event that many perceive it to be BUT it does have some effect on the individual. It is worthwhile you considering what effect it would have on you (career, travel etc etc).

 

[AlterEgo]

(2) employing a solicitor who may be able to persuade TfL to issue a warning or accept payment of the fare plus and admin fee.

TfL do not settle these matters financially; it's either a warning with no further action, or court.

 

[Titfield]

TfL do not settle these matters financially; it's either a warning with no further action, or court.

Thank you. My error. I have edited my post.

 

[bee]

many thanks for helping me with this matter. I have contacted a random Solicitors I found on google (not Manak Solicitors) This was their response:

• Consultation Fee: £119 plus VAT
  (£142.80)
• Negotiation and Out-of-Court
  Settlement Fee: £697 plus VAT (£836.40)

I don’t understand why TFL wouldn’t accept the concept of evidences if they could see that with every non-online money transfer there is a TFL payment on the same date.

I am also a student I have my student Discount card and a regular oyster card therefore I have 3 options to pay for TFL with evident of using them regularly. Even if they checked the freedom pass owners card history there aren’t crazy ones because the freedom isn’t used that much so it’s a clear history.

 

[AlterEgo]

many thanks for helping me with this matter. I have contacted a random Solicitors I found on google (not Manak Solicitors). This was their response:

• Consultation Fee: £119 plus VAT
  (£142.80)
• Negotiation and Out-of-Court
  Settlement Fee: £697 plus VAT (£836.40)

Are they saying they can settle this out of court by paying money? TfL make it very clear this doesn’t happen, and a FOI request suggests the same - that cases are never settled out of court financially.

I don’t understand why TFL wouldn’t accept the concept of evidences if they could see that with every non-online money transfer there is a TFL payment on the same date.

Why would they care about this? They caught you committing the offence.

 

[bee]

TFL should care as human can mistakingly do things. I’m not saying it’s ok to do offences. However, it should be a penalty payable amount depending on the evident provided. But saying they will just take everyone to court and not wanting to see the evident or they do care about it seems to be unfair and unfair. Im hoping to receive the letter as soon as I can and find a free lawyer advice. Additionally I will still have my evident very clear and easy to read and hope for the best. I will upload the letter once I receive it to get help and help others with similar struggles. I really appreciate all support and help I am receiving here it’s a privilege to have this website and able to communicate.

 

[Titfield]

• Consultation Fee: £119 plus VAT
  (£142.80)
• Negotiation and Out-of-Court
  Settlement Fee: £697 plus VAT (£836.40)

I think these are the fees for the work that the solicitor (not Manak) will carry out.

If the solicitor is successful then any payment to TfL will be on top. As has been stated earlier TfL do not offer out of court settlements. I wonder if the way the fee is described by the solicitor is misleading the OP inadvertently.

EDIT Correction that solicitor consulted is not Manak (see post #37)

 

[soil]

it's a byelaw which says you need a valid ticket


see 17(1) and 18(1)

https://content.tfl.gov.uk/railway-byelaws.pdf

You did not have a valid ticket. You have a positive responsibility to have one.

Therefore you would be likely to be found guilty of the offence.

They can choose not to prosecute you, but that is their prerogative, and would likely follow from a better explanation than "oops". For example, if your wallet was stolen during the journey that would be more persuasive.

In this case you were - at best - careless, resulting in free travel. They want to discourage this by treating people who do this as criminals. This has the deterrent effect of reducing the level of carelessness and is good for them and for the public at large who do not do this.

 

[SunSeeker]

So even though your student Oyster has some sort of discount, you would rather pay more so mainly use Apple Pay regardless... And this one time you just happened to want to use your Oyster.. you took the wrong one, as for some very odd reason, you keep it together with your mum's (why?) and you know they both look the same but didn't just open it and check?

Yea right... Not sure who would actually believe that but I certainly don't.

 

[bee]

So even though your student Oyster has some sort of discount, you would rather pay more so mainly use Apple Pay regardless... And this one time you just happened to want to use your Oyster.. you took the wrong one, as for some very odd reason, you keep it together with your mum's (why?) and you know they both look the same but didn't just open it and check?

Yea right... Not sure who would actually believe that but I certainly don't.

I use my student discount card during the terms as it’s cheaper to use regular payment. I only get a discount on my student oyster card if I purchased month payment which is more than what I would spend on a month. It doesn’t cover train as well and it depends on the zone. It might be helpful for students that travel a lot however I find the regular payment is more cheaper to me. We put our keys and things in a drawer next to the flat front door. Therefore I just grabbed the wrong oyster. I should’ve checked and it’s a mistake that I really regret and won’t put the oyster in a same wallet as my mum’s. Im hoping this can be solved without me going to court and paying over 1800 according to my research and have a crime record on my DBS. I understand TFL working on making sure everyone follows the law as we should. However mistakes like these happens and I have no idea how to proof that to TFL if they won’t accept the evidence of regular use of tfl on my apple pay.

 

[najaB]

You did not have a valid ticket. You have a positive responsibility to have one.

Therefore you would be likely to be found guilty of the offence.

This need emphasis. To the OP: you breached the Byelaw when you couldn't present a valid ticket. It doesn't matter why you couldn't present it.

TfL may decide not to prosecute, but that wouldn't negate the fact that you were in breach.

 

[SuspectUsual]

I'm confused by this. Maybe I'm being overly cynical, but something doesn't add up.

You say that you often use Apple Pay, and that when you don't do this you "typically use your student Oyster card", and this is the first time you've mistakenly used your mum's card.

You then say the two cards are kept in the same drawer, in identical wallets, and that you don't check which card you've picked up. So each time there's a 50/50 chance of getting the correct card, and yet this is the first time you've picked up the wrong one! Statistically that's improbable in the extreme

 

[Manak]

many thanks for helping me with this matter. I have contacted Manak Solicitors. This was their response:

• Consultation Fee: £119 plus VAT
  (£142.80)
• Negotiation and Out-of-Court
  Settlement Fee: £697 plus VAT (£836.40)

I don’t understand why TFL wouldn’t accept the concept of evidences if they could see that with every non-online money transfer there is a TFL payment on the same date.

I am also a student I have my student Discount card and a regular oyster card therefore I have 3 options to pay for TFL with evident of using them regularly. Even if they checked the freedom pass owners card history there aren’t crazy ones because the freedom isn’t used that much so it’s a clear history.

Hello,

I am from Manak Solicitors.

I saw this post and it is not correct.

Our fees are-

£125.00 for a consultation.
£600 to draft a letter to TFL to try to persuade them to provide a warning rather than prosecute.

TFL do not provide out of court settlements, either a warning is provided or you are prosecuted.

I did not wish for incorrect information to be left on the forum by the poster.

Many thanks

 

[bee]

I'm confused by this. Maybe I'm being overly cynical, but something doesn't add up.

You say that you often use Apple Pay, and that when you don't do this you "typically use your student Oyster card", and this is the first time you've mistakenly used your mum's card.

You then say the two cards are kept in the same drawer, in identical wallets, and that you don't check which card you've picked up. So each time there's a 50/50 chance of getting the correct card, and yet this is the first time you've picked up the wrong one! Statistically that's improbable in the extreme

Hello,

I am from Manak Solicitors.

I saw this post and it is not correct.

Our fees are-

£125.00 for a consultation.
£600 to draft a letter to TFL to try to persuade them to provide a warning rather than prosecute.

TFL do not provide out of court settlements, either a warning is provided or you are prosecuted.

I did not wish for incorrect information to be left on the forum by the poster.

Many thanks

Thank you for the useful information.

 

[Manak]

That is not Manak Solicitors.

 

[SuspectUsual]

Hello,

I am from Manak Solicitors.

I saw this post and it is not correct.

Our fees are-

£125.00 for a consultation.
£600 to draft a letter to TFL to try to persuade them to provide a warning rather than prosecute.

TFL do not provide out of court settlements, either a warning is provided or you are prosecuted.

I did not wish for incorrect information to be left on the forum by the poster.

Many thanks

Thanks for clarifying this

Whilst recognising that no two cases are absolutely identical, I’m sure that in your dealings with TfL you deal with cases that could be grouped into a number of broad headings, for example “used relative’s Freedom pass”

Could you help the OP and others by advising roughly what your success rate is?

 

[bee]

Here’s a clearer and more concise version of what happened:

I usually use my student Oyster card during school terms, depending on my university timetable. If I don’t use public transport much in a given month, it’s often cheaper to use Apple Pay instead. With university starting soon, I decided to check my Oyster card balance and top it up. Earlier that morning, I used Apple Pay to attend an appointment. When I got home, I mistakenly took my mum’s Freedom Pass from the drawer where I usually keep my student card, assuming it was the correct one, and went to Regent's Park. I planned to top it up on my way home. However, when I tapped out at the station, a TFL officer stopped me for a check.

I don’t want to challenge the situation or claim I did nothing wrong. I’m ready to pay the fare for the journey and the penalty for using someone else’s Freedom Pass. I’m just concerned about the possibility of this going to court, as I don’t have a lawyer, and hiring one is expensive. I fully admit my mistake I should have checked more carefully. My main worry is about having a criminal record, as I hope to work with the NHS in the future.

1. Would I ever go to jail/prison for it?
2. How much would I pay as a penalty
3. What type of letter should I expect from TFL and what options do I have to reply to them.

Thank you

 

[Malaxa]

I'm confused by this. Maybe I'm being overly cynical, but something doesn't add up.

You say that you often use Apple Pay, and that when you don't do this you "typically use your student Oyster card", and this is the first time you've mistakenly used your mum's card.

You then say the two cards are kept in the same drawer, in identical wallets, and that you don't check which card you've picked up. So each time there's a 50/50 chance of getting the correct card, and yet this is the first time you've picked up the wrong one! Statistically that's improbable in the extreme

I bet 'mum' never picks up the less valuable student Oyster card by accident and finds herself in the same position...

 

[bee]

That is not Manak Solicitors.

I saw i have contacted the wrong company. My fault, im just so distressed and not sure what to do.

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

I bet 'mum' never picks up the less valuable student Oyster card by accident and finds herself in the same position...

Thats true thats why I’m ready to pay penalty and the price of the journey.

 

[Manak]

Thanks for clarifying this

Whilst recognising that no two cases are absolutely identical, I’m sure that in your dealings with TfL you deal with cases that could be grouped into a number of broad headings, for example “used relative’s Freedom pass”

Could you help the OP and others by advising roughly what your success rate is?

Each case is unique and needs tailored advice but on our website for TFL cases , we state- Transport for London do prosecute all clients unless they give very good reasons to provide a warning which would prevent court proceedings. They are difficult to persuade but between 2021 and 2024 we had a 75% success rate. We have many years of carefully crafting responses to TFL to obtain warnings for our clients so they do not have convictions or court proceedings. We are well known to Transport for London having dealt with them for years and are familiar with best arguments.

However, advice should always be sought first as to the particular circumstances. There is no guarantee of success.

 

[bee]

Each case is unique and needs tailored advice but on our website for TFL cases , we state- Transport for London do prosecute all clients unless they give very good reasons to provide a warning which would prevent court proceedings. They are difficult to persuade but between 2021 and 2024 we had a 75% success rate. We have many years of carefully crafting responses to TFL to obtain warnings for our clients so they do not have convictions or court proceedings. We are well known to Transport for London having dealt with them for years and are familiar with best arguments.

However, advice should always be sought first as to the particular circumstances. There is no guarantee of success.

im scared that i have to challenge tfl if I choose to go to a lawyer because I don’t want to. Which is better for me to admit the fault and be guilty rather than challenging tfl as I don’t want to get the case any further my final university year is coming and i have many things happening together.

 

[greyman42]

1. Would I ever go to jail/prison for it?

No chance.

 

[danielnez1]

Hi,

I accidentally used my mother’s Freedom Pass instead of my Student Oyster card. Both cards are kept in same colour wallets, stored together in the same drawer at home. Mistakenly, I picked up the wrong wallet without realising it until a TfL officer asked me to see my oyster card.

I typically use my Student Oyster card, and when I don’t have it, I rely on Apple Pay for my journeys. I showed evidence of my consistent use of Apple Pay to the TfL officers to demonstrate my commitment to paying the correct fare. But they didn’t right it down.

I am F24 full time university student with 2 jobs and a volunteering role. Im so stressed that this can be taken to court. I have no idea about any solicitor or anything to do with court im really scared and waiting for the letter. Any advice? Or what i would expect to receive? When will i receive it?

This sounds similar to another case a month or so ago. If TfL were to look at the usage of Apple Pay, your student oyster and the freedom pass, would it look like you were using Apple Pay/your student oyster in the mornings, and the Freedom pass in the afternoons/evenings for the return journey?