TFL Fare Evasion Freedom Pass Missuse

[Hoteljk]

Stopped by plain clothes to see pass
Presented the pass
Took down my details
Letter has come today with generic request for information. I intend to please guilty.
How do I respond.

I only used the pass once.
How do to proceed from here. What should I say as mitigating circumstances as I don’t have any as far as I can see.

Please help. I don’t want to go to court or get a criminal conviction.

Stopped by plain clothes to see pass.
Presented the pass.
Took down my details.
Letter has come today with generic request for information. I intend to plead guilty.

How do I respond?

I only used the pass once.

How do to proceed from here. What should I say as mitigating circumstances as I don’t have tbh.

Please help. I don’t want to go to court or get a criminal conviction.

 

[Wethebest838]

Welcome to the forum.

TFL tend to go for Byelaw convictions as it’s easier for them. This means you will be fined and your conviction is spent immediately but does show on enhanced DBS checks.

Can you post the letter you got but hide the your personal details?

 

[Hoteljk]

Thank you

 

[Wethebest838]

Thank you

Well if you used a freedom pass that weren’t yours. You don’t have a leg to stand on. Even if it’s first time. You just got unlucky here. You can try and negotiate an out of court settlement but TFL very very rarely do this.

 

[AlterEgo]

Stopped by plain clothes to see pass
Presented the pass
Took down my details
Letter has come today with generic request for information. I intend to please guilty.
How do I respond.

I only used the pass once.

Be aware that TfL may make their own enquiries on this, and be prepared if they accuse you of more offences. (They have done this in the past, and often the historic offences have been difficult for them to substantiate).

How do to proceed from here. What should I say as mitigating circumstances as I don’t have any as far as I can see.

If you don’t have any mitigating circumstances then don’t mention any.

 

[Mcr Warrior]

@Hoteljk. Is this genuinely the one and only time that you've misused the pass, or just the first time you've been caught?

The TfL investigation/prosecution team will be able to look into previous usage of the pass. Presume also that it was confiscated, yes?

 

[Haywain]

They have done this in the past, and often the historic offences have been difficult for them to substantiate

Equally, such usage has been difficult for the offender to repudiate.

 

[jumble]

Well if you used a freedom pass that weren’t yours. You don’t have a leg to stand on. Even if it’s first time. You just got unlucky here. You can try and negotiate an out of court settlement but TFL very very rarely do this.

This advice may be out of date as we have been surprised to see a good few settlements out of court recently from TFL
A little bird has told me that TFL prosecutions have changed some of their procedures recently and this may have something to do with the former

 

[Wethebest838]

This advice may be out of date as we have been surprised to see a good few settlements out of court recently from TFL
A little bird has told me that TFL prosecutions have changed some of their procedures recently and this may have something to do with the former

That’s good to know! I’m happy if this is the case for people. Now if only TIL could be more like this and not so stubborn

 

[AlterEgo]

This advice may be out of date as we have been surprised to see a good few settlements out of court recently from TFL
A little bird has told me that TFL prosecutions have changed some of their procedures recently and this may have something to do with the former

Hasn’t every case reaching settlement we’ve seen, involved using a solicitor so far?

 

[Statto]

Hasn’t every case reaching settlement we’ve seen, involved using a solicitor so far?

TfL take Freedom Pass misuse very seriously too don't they, the OP will be very lucky if they manage to get an out of court settlement, even if it's for a first time offence?

 

[madjack]

Hasn’t every case reaching settlement we’ve seen, involved using a solicitor so far?

There was one recent case where the solicitor was unsuccessful but the OP wrote again (personally) and was successful. This thread: https://www.railforums.co.uk/thread...o-fare-evasion-case-please-help.229657/page-3

But that could be for any number of reasons - change of procedure from TfL, more contrition in the personal letter...?

OP if you want to argue that you only used the pass once, you should probably provide evidence of this.

 

[AlbertBeale]

Stopped by plain clothes to see pass
Presented the pass
Took down my details
Letter has come today with generic request for information. I intend to please guilty.
How do I respond.

I only used the pass once.
How do to proceed from here. What should I say as mitigating circumstances as I don’t have any as far as I can see.

Please help. I don’t want to go to court or get a criminal conviction.

One point about this - you say you intend to plead guilty, but don't want a court conviction. But pleading guilty to a criminal charge means you have - ipso facto - got a court conviction.

I presume you mean you want to admit to the rail company that you did break the rules - but that you want to settle with them without going to court, so as to avoid having a criminal conviction.

So don't say to them that you "plead guilty", which is terminology relating to a court case - it's not the same as admitting to them that you did what they accuse you of. That terminology doesn't make sense if you want them to deal with it without going to court.

 

[AlterEgo]

TfL take Freedom Pass misuse very seriously too don't they, the OP will be very lucky if they manage to get an out of court settlement, even if it's for a first time offence?

We have seen a drip drip of cases here where some people have managed to settle, including one posted only yesterday. So it isn’t impossible.

However the OP has admitted they don’t have any mitigation so any settlement may be very difficult if not impossible to come by.