Misusing 60+ Freedom Pass

[jadugarbaba]

29F based in London.

I was recently caught using my mother's freedom pass at Victoria Station by a TFL Officer. I accepted my mistake and my details were taken by the officer. I received the letter asking for more information regarding the incident.
I used the card a few times for a week before it was taken, it was a new card with no previous history. I understand how stupid and bad this mistake is but right now I need help in writing a response to the letter. I was under financial stress for the first time in my life, having moved here recently and living by myself for the first time which led to the poor choice. I would like to avoid a conviction and want to settle this matter out of court.

I just some guidance regarding how to respond effectively, what parts to mention and what to submit as evidence that would increase my chances of a settlement outside the court and wouldn't cause my mother to lose her freedom pass.

Thank you!

 

[AlterEgo]

Regrettably TfL almost never settle outside of court in cases where Freedom Passes have been abused. You will almost certainly be convicted of a single Bylaw offence in the Magistrates' Court, and you will have to pay:

1. A fine based on your income - if you aren't working, this will be taken into account, but you will still be fined.
2. A (victim) surcharge
3. The prosecution's costs
4. The fare or fares you evaded.

There is nothing stopping you from writing to them to plead your case, but be under no illusions that this will almost certainly proceed to court and if it does you will be convicted of the offence. On the very rare occasions a settlement outside of court has been achieved, this has involved the expense of a solicitor, and the settlement fee (on top of the legal costs) has been quite high.

I do not recommend you admit to any other offences than the single occasion you were stopped. Indeed, some may argue that submitting no response at all may be advantageous in these cases, as if they discover other offences they will simply add it to the costs/fares evaded in court.

 

[jadugarbaba]

Regrettably TfL almost never settle outside of court in cases where Freedom Passes have been abused. You will almost certainly be convicted of a single Bylaw offence in the Magistrates' Court, and you will have to pay:

1. A fine based on your income - if you aren't working, this will be taken into account, but you will still be fined.
2. A (victim) surcharge
3. The prosecution's costs
4. The fare or fares you evaded.

There is nothing stopping you from writing to them to plead your case, but be under no illusions that this will almost certainly proceed to court and if it does you will be convicted of the offence. On the very rare occasions a settlement outside of court has been achieved, this has involved the expense of a solicitor, and the settlement fee (on top of the legal costs) has been quite high.

I do not recommend you admit to any other offences than the single occasion you were stopped. Indeed, some may argue that submitting no response at all may be advantageous in these cases, as if they discover other offences they will simply add it to the costs/fares evaded in court.

How bad is a conviction like that on the records? and does it stays forever?

 

[pedr]

A conviction for entering a compulsory ticket area without a valid ticket or a similar by-law offence is a criminal conviction. In some circumstances this may need to be disclosed in the future, depending on the specific question asked and what organisation is asking about criminal records. Foreign governments and regulated professions, for instance, may require all convictions to be disclosed to them, regardless of how much time has elapsed.

Where the Rehabilitation of Offenders Act applies, as it does to most UK circumstances such as most job applications, insurance applications etc, an offence punished with a fine is 'spent' after one year, and need not be disclosed after that.

Additionally, a by-law offence should not be recorded on computerised criminal records, so it is unlikely that such a conviction would appear on DBS checks. This does not, technically, mean that it is irrelevant until it is spent under the Rehabilitation of Offenders Act, however. (For completeness, a conviction under the Regulation of Railways Act 1889 would be recordable, but would still be spent after a year if punished by a fine).

 

[Haywain]

How bad is a conviction like that on the records? and does it stays forever?

It's quite minor and should not have major consequences on your career. Whilst it may not be necessary to disclose to your employer it is usually best to tell them about a conviction as this demonstrates greater honesty than withholding the information.

 

[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.

I assume that what you've been sent is TfL's Verification Letter asking you to confirm or deny the offence. 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 tae 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
- 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

 

[Ginho]

A conviction for entering a compulsory ticket area without a valid ticket or a similar by-law offence is a criminal conviction. In some circumstances this may need to be disclosed in the future, depending on the specific question asked and what organisation is asking about criminal records. Foreign governments and regulated professions, for instance, may require all convictions to be disclosed to them, regardless of how much time has elapsed.

Where the Rehabilitation of Offenders Act applies, as it does to most UK circumstances such as most job applications, insurance applications etc, an offence punished with a fine is 'spent' after one year, and need not be disclosed after that.

Additionally, a by-law offence should not be recorded on computerised criminal records, so it is unlikely that such a conviction would appear on DBS checks. This does not, technically, mean that it is irrelevant until it is spent under the Rehabilitation of Offenders Act, however. (For completeness, a conviction under the Regulation of Railways Act 1889 would be recordable, but would still be spent after a year if punished by a fine).

Hello I have been convicted similar by the magistrate court and I was issued a fine which I have fully paid. My worrry is I’m a migrant and my Indefinite leave to remain will be due in October ( 8 months since I was convicted). Can this conviction ruin my chances of getting my ILR. Any suggestions or advice will be welcomed thank you

 

[Hadders]

Hello I have been convicted similar by the magistrate court and I was issued a fine which I have fully paid. My worrry is I’m a migrant and my Indefinite leave to remain will be due in October ( 8 months since I was convicted). Can this conviction ruin my chances of getting my ILR. Any suggestions or advice will be welcomed thank you

Please start your own thread if you are in need of assistance but we are a forum that specialises in railway ticketing matters. We are unable to give advice about your immigration status.

 

[pedr]

Hello I have been convicted similar by the magistrate court and I was issued a fine which I have fully paid. My worrry is I’m a migrant and my Indefinite leave to remain will be due in October ( 8 months since I was convicted). Can this conviction ruin my chances of getting my ILR. Any suggestions or advice will be welcomed thank you

You should engage the services of a registered immigration advisor to get an answer to this question. No one else can assist you with this, because of the laws regulating the provision of immigration advice.

 

[yorkie]

Hello I have been convicted similar by the magistrate court and I was issued a fine which I have fully paid. My worrry is I’m a migrant and my Indefinite leave to remain will be due in October ( 8 months since I was convicted). Can this conviction ruin my chances of getting my ILR. Any suggestions or advice will be welcomed thank you

This thead is dedicated to @jadugarbaba's issue; as others have said, please create a new thread.

Edit: now done:

Freedom pass violation

Hello everyone, I was stopped at the Victoria tube station by BTP on August 2023 for using a disabled Freedom pass I found on the street and I gave him all my genuine information. I sent a plea to TfL I will accept any out of court settlement but I have received a letter to appear before the...

www.railforums.co.uk

Any further posts in this thread need to be directly related to the case set out in post #1 of this thread please, thanks.