Stopped whilst accidentally using my mum's Disable Freedom pass

[genuinemistake]

Hi - I received a SJPN and opened it yesterday after coming back from holiday and the deadline to respond is tomorrow. Back in September I was stopped at the tube station near my university and told to present my pass which I did without hesitating as I thought it was mine. It turned out to be my mums disable freedom pass but on the witness statement it says old persons which is not true. I showed my ID and correct information when asked and also explained what happened which he also noted down but is not included in the witness statement. The person was very calm and I tried to remain so and told me I can explain everything when I get sent a letter which I never got this is the first time I am receiving notification. I let my mum know the same day who called TFL and the freedom pass company. TFL initially said they cannot do anything if it was a freedom pass and to call them. After calling them they said it was not a issue as long as I still had the pass and did not need to order a new one. I have a record of these calls made and will try and get freedom pass to provide call log if they are able to. Using my mums pass was a genuine mistake they all have the same cover ordered on amazon and have proof of this with a receipt well before the incident and a photo of the passes. They are kept separately but mistakenly I took the other pass as it out on the kitchen island I thought it was mine as I usually leave it on a table next to the island so I don't lose it and can grab it in the morning. This was a genuine mistake and I cannot afford to pay the fine with no income as a student and also get a criminal record for a genuine mistake because I woke up late and left in a rush what do I do?

 

[methecooldude]

Do you have your own pass?

 

[Haywain]

on the witness statement it says old persons which is not true.

explained what happened which he also noted down but is not included in the witness statement.

Neither of these things are likely to affect the outcome of a court case, which is what you are likely to be heading for.

 

[genuinemistake]

Do you have your own pass?

Yes I have a expired under 18 card which was valid in september and I was using it at the time.

== Doublepost prevention - post automatically merged: 16 Jan 2025 ==

Neither of these things are likely to affect the outcome of a court case, which is what you are likely to be heading for.

I was not sent a verification letter which I have read happens or any communication before the notice to explain as the officer said I could would my other evidence be sufficient in court? I also was complying with the officer who stopped me and it clearly says I produced the pass straight away. If I was guilty surely I would have not shown or had a excuse?

 

[Titfield]

I have copied belopw the advice which @Hadders gives in this situation. It provides the most comprehensive advice available on this forum.

I have put in italics the relevant advice, which appears towards the end of the post, as it appears you are later in the process and it is therefore too late for the earlier part of the advice. Is the SJPN the first correspondence you have received?

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 for pleading 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

 

[6Gman]

Yes I have a expired under 18 card which was valid in september and I was using it at the time.

== Doublepost prevention - post automatically merged: 16 Jan 2025 ==


I was not sent a verification letter which I have read happens or any communication before the notice to explain as the officer said I could would my other evidence be sufficient in court? I also was complying with the officer who stopped me and it clearly says I produced the pass straight away. If I was guilty surely I would have not shown or had a excuse?

Was the pass you produced straight away yours or your mother's?

And you were guilty if you showed a pass you were not entitled to use.

 

[Hadders]

Welcome to the forum!

TfL normally send a Verification Letter to people they are investigating for a ticket irregularity which is your opportunity for you to give your version of events before they decide how to proceed. Did you get a verification and, if so, what did you say in your reply?

TfL take misuse of Freedom Passes very seriously and prosecution under the TfL Bywlaws is the usual outcome. From what you've said you had your own 11-15 Zip Oyster Card that was valid at the time you were caught then this might provide some good mitigation for you although the Zip Oyster card does not give free travel on trains and the underground, only discounted travel.

I think the best thing you can do at the moment is to urgently contact TfL's Investigations and Prosecutions Department and ask them if they sent you a Verification Letter. If they said they did send a letter then you need to tell them that you didn't receive it and ask them if they can withdraw the case from court and send you a letter so that you can give them your mitigation.

 

[genuinemistake]

Welcome to the forum!

TfL normally send a Verification Letter to people they are investigating for a ticket irregularity which is your opportunity for you to give your version of events before they decide how to proceed. Did you get a verification and, if so, what did you say in your reply?

TfL take misuse of Freedom Passes very seriously and prosecution under the TfL Bywlaws is the usual outcome. From what you've said you had your own 11-15 Zip Oyster Card that was valid at the time you were caught then this might provide some good mitigation for you although the Zip Oyster card does not give free travel on trains and the underground, only discounted travel.

I think the best thing you can do at the moment is to urgently contact TfL's Investigations and Prosecutions Department and ask them if they sent you a Verification Letter. If they said they did send a letter then you need to tell them that you didn't receive it and ask them if they can withdraw the case from court and send you a letter so that you can give them your mitigation.

I totally understand the severity of this as my deadline for this form is the 17th should I still submit then contact them or not complete and contact them. I was under the impression they would contact me which is why I also tried to reach out first but we were directed to freedom pass as it was related to that pass.

== Doublepost prevention - post automatically merged: 16 Jan 2025 ==

Was the pass you produced straight away yours or your mother's?

And you were guilty if you showed a pass you were not entitled to use.

I did not have mine at the time and did try looking but I picked up hers instead of mine in the morning.

 

[Puffing Devil]

I totally understand the severity of this as my deadline for this form is the 17th should I still submit then contact them or not complete and contact them. I was under the impression they would contact me which is why I also tried to reach out first but we were directed to freedom pass as it was related to that pass.

== Doublepost prevention - post automatically merged: 16 Jan 2025 ==


I did not have mine at the time and did try looking but I picked up hers instead of mine.

Please answer the question as it will help us to help you: Did you receive a verification letter or any other letter from TfL before the SJPN?

 

[genuinemistake]

I have copied belopw the advice which @Hadders gives in this situation. It provides the most comprehensive advice available on this forum.

I have put in italics the relevant advice, which appears towards the end of the post, as it appears you are later in the process and it is therefore too late for the earlier part of the advice. Is the SJPN the first correspondence you have received?

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 for pleading 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

Thanks I did not get any previous communication whatsoever after the call with freedom pass they stated it was not a issue as they had not taken the pass and given it back so we thought we would wait

== Doublepost prevention - post automatically merged: 16 Jan 2025 ==

Please answer the question as it will help us to help you: Did you receive a verification letter or any other letter from TfL before the SJPN?

No sorry I got nothing

 

[Titfield]

Thanks I did not get any previous communication whatsoever after the call with freedom pass they stated it was not a issue as they had not taken the pass and given it back so we thought we would wait

== Doublepost prevention - post automatically merged: 16 Jan 2025 ==


No sorry I got nothing

In which case I think you need to follow @Hadders advice upthread (post #7) and contact them urgently to ask them to withdraw the case whilst you send in mitigation to them.

 

[genuinemistake]

In which case I think you need to follow @Hadders advice upthread (post #7) and contact them urgently to ask them to withdraw the case whilst you send in mitigation to them.

Okay I will do this immediately but as I mentioned the SJPN says I have to respond by the 17th. Should I contact them and not respond to this yet?

 

[Hadders]

Personally, and I am prepared to be corrected by others, I would hold of returning the SJPN until Tuesday next week to allow TfL the opportunity to reply. I believe they are usually quite quick if you email them but do make sure your email to them is very clear. You might want to post a draft of it in this thread first.

I doubt the SJPN paperwork being a few days late is going to be detrimental but when you do return it I's send it back Royal Mail Special Delivery to ensure there is no postal delay.

 

[genuinemistake]

Personally, and I am prepared to be corrected by others, I would hold of returning the SJPN until Tuesday next week to allow TfL the opportunity to reply. I believe they are usually quite quick if you email them but do make sure your email to them is very clear. You might want to post a draft of it in this thread first.

I doubt the SJPN paperwork being a few days late is going to be detrimental but when you do return it I's send it back Royal Mail Special Delivery to ensure there is no postal delay.

Subject: Urgent: Request to Withdraw Court Proceedings Due to Non-receipt of Verification Letter

Dear Investigations, Appeals & Prosecutions Team,

I hope this email finds you well. I am writing regarding a Single Justice Procedure Notice (SJPN) I received on 14 January 2025 after returning to the UK from a holiday abroad on the 13th, it is regarding an incident on [date] at [station ], where I was found in possession of my mother's Disabled Freedom Pass.

I would like to bring to your attention that I did not receive any prior Verification Letter from Transport for London (TfL) regarding this matter. This SJPN is the first notification I have received, and I understand that a Verification Letter would have allowed me to provide an explanation and mitigating circumstances before a decision to prosecute was made.

On the day in question, I was travelling to university, as I regularly do, and mistakenly took my mother’s Freedom Pass instead of my own. Both passes have identical covers, and they are usually kept separately but on this day I picked it up as it was near the table where I usually leave mine which led to the confusion. At the time of the incident, I had a valid under-18 Zip Oyster Card, which I frequently used for my travels. This card provides discounted travel, and I regularly top it up for commuting to university and for daily use. I can provide records of these top-ups and my travel history to demonstrate my consistent use of the card.

When I was stopped, I cooperated fully with the officer on the platform, showed my identification, and explained the situation. The officer assured me that I would have an opportunity to explain everything further when I received a letter from TfL. However, no such letter ever arrived, and I was unable to present my explanation or any mitigation at that stage.

Following the incident, my mother and I contacted both TfL and the Freedom Pass company to clarify the situation. I have records of these calls and am happy to provide supporting evidence, including the receipt for the identical pass covers and photographs of both passes, to demonstrate how this genuine mistake occurred.

I sincerely apologise for the error and respectfully request that TfL consider withdrawing the court proceedings and instead allow me to respond to a Verification Letter. I am eager to resolve this matter and present the full context, including the mitigating circumstances.

Thank you for your understanding and consideration. I look forward to your response.

Yours sincerely,
MY NAME

 

[genuinemistake]

@Hadders Let me know what you think should I not provide specifics yet? Also will the delay of my response affect the decision of the court?

== Doublepost prevention - post automatically merged: 16 Jan 2025 ==

I have provided a draft but it is waiting approval

 

[John R]

Dear Investigations, Appeals & Prosecutions Team,

I hope this email finds you well.

All of them?

It's a most inappropriate way to start a letter to someone (or a team) which is prosecuting you.

I had a valid under-18 Zip Oyster Card

Have you got a number which you can quote?

 

[Hadders]

Remove 'I hope this finds you well'. It's not needed.

I would remove the third and fifth paragraphs completely, this isn't the place to give your mitigation. You want a Verification Letter to be able to do that.

Change 'I sincerely apologise for the error...' to 'I respectfully request that TfL....'

Make sure you quote the case reference number (it might be on the SJPN)

Also will the delay of my response affect the decision of the court?

Personally, I don't think delaying until early next week will adversely impact things. My thinking is that if you returned the letter late tomorrow afternoon using 2nd class post it potentially would not arrive until Wednesday next week. Send it Tuesday Special Delivery and it'll arrive on Wednesday.

 

[genuinemistake]

All of them?

It's a most inappropriate way to start a letter to someone (or a team) which is prosecuting you.



Have you got a number which you can quote?

What do you mean all of them? Yes I still have my oyster card to hand aswell.

== Doublepost prevention - post automatically merged: 16 Jan 2025 ==

Remove 'I hope this finds you well'. It's not needed.

I would remove the third and fifth paragraphs completely, this isn't the place to give your mitigation. You want a Verification Letter to be able to do that.

Change 'I sincerely apologise for the error...' to 'I respectfully request that TfL....'

Make sure you quote the case reference number (it might be on the SJPN)


Personally, I don't think delaying until early next week will adversely impact things. My thinking is that if you returned the letter late tomorrow afternoon using 2nd class post it potentially would not arrive until Wednesday next week. Send it Tuesday Special Delivery and it'll arrive on Wednesday.

Do you have a specific email I should send this to? I can't seem to find anything on the letter.

== Doublepost prevention - post automatically merged: 16 Jan 2025 ==

Remove 'I hope this finds you well'. It's not needed.

I would remove the third and fifth paragraphs completely, this isn't the place to give your mitigation. You want a Verification Letter to be able to do that.

Change 'I sincerely apologise for the error...' to 'I respectfully request that TfL....'

Make sure you quote the case reference number (it might be on the SJPN)

In this paragraph should I also remove including the receipt for the identical pass covers and photographs of both passes, to demonstrate how this genuine mistake occurred.

== Doublepost prevention - post automatically merged: 16 Jan 2025 ==

Also sorry for the several questions but should I mention that the officer also said I would get a chance to explain when I realised the situation and explained

 

[Haywain]

In this paragraph should I also remove including the receipt for the identical pass covers and photographs of both passes, to demonstrate how this genuine mistake occurred.

Yes, I think they would wonder how many times this has happened before if you haven't made any attempt to distinguish which pass is which.

 

[Hadders]

In this paragraph should I also remove including the receipt for the identical pass covers and photographs of both passes, to demonstrate how this genuine mistake occurred.

Also sorry for the several questions but should I mention that the officer also said I would get a chance to explain when I realised the situation and explained

Yes, I would remove them. This isn't the place to be giving mitigation. You're asking for a verification letter so you can give your mitigation.

As far as I know their email address is IAP@tfl.gov.uk

 

[genuinemistake]

Yes, I would remove them. This isn't the place to be giving mitigation. You're asking for a verification letter so you can give your mitigation.

As far as I know their email address is IAP@tfl.gov.uk

Dear Investigations, Appeals & Prosecutions Team,

I am writing regarding a Single Justice Procedure Notice (SJPN) I received on 14 January 2025 after returning to the UK from a holiday abroad on the 13th, it is regarding an incident on at , where I was found in possession of my mother's Disabled Freedom Pass. Case no:

I would like to bring to your attention that I did not receive any prior Verification Letter from Transport for London (TfL) regarding this matter. This SJPN is the first notification I have received, and I understand that a Verification Letter would have allowed me to provide an explanation and mitigating circumstances before a decision to prosecute was made. On the day the officer also said I would get a chance to explain.

Following the incident, my mother and I contacted both TfL and the Freedom Pass company to clarify the situation. I have records of these calls and would like the opportunity to provide this with other supporting evidence.

I respectfully request that TfL consider withdrawing the court proceedings and instead allow me to respond to a Verification Letter. I am eager to resolve this matter and present the full context, including the mitigating circumstances.

Thank you for your understanding and consideration. I look forward to your response.

Yours sincerely,
Is this good to send? Also how can I speed up a response perhaps calling?

 

[Hadders]

I'd take out the paragraph about contact TfL and the Freedom Pass company. Your only ask of this request is to get a Verification Letter so my view is not to confuse matters by trying to explain or give mitigation here.

I don't know of a phone number for TfL's Investigations department, don't contact customer services as they won't be able to help. This sort of thing is best done in writing as then there's an audit trail showing what has happened.

 

[genuinemistake]

I'd take out the paragraph about contact TfL and the Freedom Pass company. Your only ask of this request is to get a Verification Letter so my view is not to confuse matters by trying to explain or give mitigation here.

I don't know of a phone number for TfL's Investigations department, don't contact customer services as they won't be able to help. This sort of thing is best done in writing as then there's an audit trail showing what has happened.

I have sent off the email thank you all for your help! Hopefully I hear back by Monday if I do and they refuse or they do not is pleading not guilty a good way moving forward?

 

[Hadders]

Pleading not guilty means you would have to attend court in person but it does buy some more time for TfL to reply,

Normally, if you plead guilty at the earliest opportunity the fine is reduced by a third. The disadvantage of pleading not guilty is if you are found guilty by the court the fine isn't reduced. Also, the court costs you would have to pay would be higher.

As things currently stand if the case ends up in court you would be found guilty. You were found travelling with an invalid ticket and that's all that matters to the court. End of. What you're attempting to do is to get TfL to give you the opportunity (which you havn't had) to provide some mitigation as to why they shouldn't prosecute you but instead give you a final warning or drop the case.

As I said upthread TfL do usually prosecute these sort of cases, but let's see what TfL say to your email. If you get a positive outcome from TfL and they agree to send a Verification Letter you need to think about what you are going to say. It needs to be better than the Oyster cards got mixed up, but worry about that once you know what TfL say.

 

[some bloke]

You could call your student union and see if they'll put you in touch with a solicitor for some free help.

What exactly does the paperwork say about the deadline? Did TfL/you take the bank holiday into account?

Can you submit the SJPN response online?

I have a expired under 18 card which was valid in september and I was using it at the time.

Just to check, how old are you? If you're 18, which month is your birthday? This may be relevant to, if not the SJPN, perhaps TfL's approach.

== Doublepost prevention - post automatically merged: 17 Jan 2025 ==

Whatever TfL says, the deadline is in fact:

"Not more than 15 business days after service on the defendant of the documents"

The Criminal Procedure Rules 2020 (revoked)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

www.legislation.gov.uk

"The court will assume a document was served at the time set out in the rules, as follows:
...where it was posted by first class post or equivalent, the second working day after it was posted"

Criminal courts: managing court documents

What to do with the papers and documents to be used in a criminal case.

www.gov.uk

== Doublepost prevention - post automatically merged: 17 Jan 2025 ==

When the deadline day comes, or earlier, I would send another email to TfL rather than wait while the deadline passes.

TfL may be more likely to respond positively before the deadine. If it seems appropriate, you could tell them when you think the deadline is and why.

A solicitor through the student union might help with the mitigation.

 

[genuinemistake]

Pleading not guilty means you would have to attend court in person but it does buy some more time for TfL to reply,

Normally, if you plead guilty at the earliest opportunity the fine is reduced by a third. The disadvantage of pleading not guilty is if you are found guilty by the court the fine isn't reduced. Also, the court costs you would have to pay would be higher.

As things currently stand if the case ends up in court you would be found guilty. You were found travelling with an invalid ticket and that's all that matters to the court. End of. What you're attempting to do is to get TfL to give you the opportunity (which you havn't had) to provide some mitigation as to why they shouldn't prosecute you but instead give you a final warning or drop the case.

As I said upthread TfL do usually prosecute these sort of cases, but let's see what TfL say to your email. If you get a positive outcome from TfL and they agree to send a Verification Letter you need to think about what you are going to say. It needs to be better than the Oyster cards got mixed up, but worry about that once you know what TfL say.

I have not yet heard back from TFL should I send out the letter today?

== Doublepost prevention - post automatically merged: 21 Jan 2025 ==

I have just checked again and they have they said the below:

Thank you for your email, I have read and noted your comments.

Unfortunately at this stage TfL will not withdrawn the summons that you have received.

TfL sent out a verification letter in September 2024, and although we acknowledge you say you did not receive this letter, it would not have prevented you contacting TfL in the meantime to provide what ever information you wished to do so, we find no record of this being done.

Although a ‘Single Justice Procedure Notice’ has been issued, this does not prevent you from writing to us with any mitigation you wish for us to consider. If you wish to make further representations to us, then you will need to write to the court to delay your proceedings, or request a hearing date from the court on the online plea you must submit before the deadline (if this has not already passed) I would advise you to do this as soon as possible to avoid your case being heard by the court in the absence of a plea.

== Doublepost prevention - post automatically merged: 21 Jan 2025 ==

Any advice on next steps would be greatly appreciated!

 

[Hadders]

TfL are saying they will not withdraw the summons, although it’s really not acceptable for them to say that you should have contacted them before they wrote to you.

That said, it is very unusual for TfL to do anything other than prosecute this sort of case.

Given where things are, and the robustness with which TfL deal with these cases, I think your best chance is to consider using the services of a solicitor if you want to have any chance of avoiding a conviction.

Either way you need to act very quickly as you need to return paperwork to the court without delay.

 

[John R]

Agree with the above. TfL are difficult to deal with, but we have seen a few instances where a firm of solicitors specialising in fare issues have managed to get the prosecution withdrawn and a Final Warning issued instead. It will still cost you something for their services if course, think somewhere between £500 and £1000, but infinitely better than a criminal conviction.

 

[genuinemistake]

Thank you both, I do want to respond today is there any firms you would suggest also will reach out to my university to see if they will help.

 

[genuinemistake]

You could call your student union and see if they'll put you in touch with a solicitor for some free help.

What exactly does the paperwork say about the deadline? Did TfL/you take the bank holiday into account?

Can you submit the SJPN response online?


Just to check, how old are you? If you're 18, which month is your birthday? This may be relevant to, if not the SJPN, perhaps TfL's approach.

== Doublepost prevention - post automatically merged: 17 Jan 2025 ==

Whatever TfL says, the deadline is in fact:

"Not more than 15 business days after service on the defendant of the documents"

The Criminal Procedure Rules 2020 (revoked)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

www.legislation.gov.uk

"The court will assume a document was served at the time set out in the rules, as follows:
...where it was posted by first class post or equivalent, the second working day after it was posted"

Criminal courts: managing court documents

What to do with the papers and documents to be used in a criminal case.

www.gov.uk

== Doublepost prevention - post automatically merged: 17 Jan 2025 ==

When the deadline day comes, or earlier, I would send another email to TfL rather than wait while the deadline passes.

TfL may be more likely to respond positively before the deadine. If it seems appropriate, you could tell them when you think the deadline is and why.

A solicitor through the student union might help with the mitigation.

Hi, sorry for my late response. I turned 18 in August and was stopped in September. I was advised to email tfl and provided the draft I sent above. I have put their response above also which arrived today. The deadline was 17 Jan no mention of bank holidays and yes I am able to respond online. Does the 15 days begin once it reaches my address? It was sent by first class I can see the stamp on the letter. Also I will contact my university for help but if you have any other advice regarding their response I would appreciate any help. Thanks.