TFL Freedom Pass Misuse

[rahms]

Hi,

I used my mum's freedom pass last Saturday and stupidly didn't see the Revenue ppl in front of me. Initially have to admit I looked to walk off cause I didn't want to get my mum's card taken away. But after realising that she would get in more trouble than me when one of the officers said this, I calmed down and was taken to speak to another officer. The officer was really sound and nice about the whole situation, he completely understood why I would use the card. I provided details, told him it was my mum's card and she didn't know I had it. I said she works and it was a Saturday so she wasn't using it. I will say he was so bless, that he showed me that he wrote down it was my first time using the card without my mother's permission and that I had multiply apologised. Even though he did say they would decide whether to prosecute me. I didn't realise the severity of being taken to court for an offence like this. I am 22, final year of university doing sports science looking to go into Physiotherapy. I didn't realise the severity of pleading guilty to such offence and potentially getting a criminal record when searched upon enhanced DBS. If I wanna work in hospitals, I can't have a criminal record, it could ruin up my whole career. Being so stupid, I replied to their letter about potential prosecution with a rubbish little email, not thinking straight cause I remember what the guy wrote down for me and believed it will likely not go to court. However since going on internet and reading so many threads, realising they are much stricter now, it could likely be settled through court.
I just wanna know, is there any way to try settle this without court and with a fine. Should I write another email? Also, how likely will they check back with when the card was used and can they identify the person using it through cctv.

My response to their letter was:
On Saturday 29th March 2025, I accept to committing an offence. I was using my mother's Oyster card without her knowledge that day and caught by the officer. My mother uses the card for work and since she doesn't work on Saturday, I proceeded to take the card without her knowledge. After being confronted by the officer, I immediately apologised profusely and told him about the situation. I provided my details without any resistance and take full responsibility for my actions.

 

[30907]

The bad news is that TfL never do out-of-court settlements and rarely issue written warnings (using a specialist solicitor increases your chances but will cost you at least twice as much as the court fine). You are almost certain to be taken to court.

The good news is that TfL almost always prosecute for an offence under their Byelaws of travelling without a valid ticket even when a Freedom Pass is involved This is the lowest level of offence and is unlikely to worry an employer much so long as you don't try to conceal it - even in healthcare it won't ring safeguarding bells, because they won't know you "borrowed" someone's property.

 

[AlterEgo]

Regrettably the damage has probably been done here. This is a case with no mitigating factors and only aggravating factors, such as using a free pass, repeated abuse of the pass, and attempting to escape the stop.

Your correspondence as you now realise was unwise; it contains no apology or contrition.

TfL prosecute almost everyone who abuses Freedom Passes. TfL will send you either:

A Single Justice Procedure Notice, which means the court will deal with a single offence on paper, or

A postal requisition if other offences are detected, and you are asked if you’d like these taken into consideration. The court will deal with the offences all at once, and you must attend.

If you plead or are otherwise found guilty, the court will penalise you as follows:

- A fine based on your income (the sentence for the offence)
- A surcharge of 40% of the value of the fine
- A contribution towards TfL's costs
- Compensation for the fares avoided

The conviction should be spent after one year but if you enter any profession not covered by the Rehabilitation of Offenders Act you will need to disclose the conviction for all time, even if it is spent. Unlock is a charity which can help you understand this.

 

[rahms]

Regrettably the damage has probably been done here. This is a case with no mitigating factors and only aggravating factors, such as using a free pass, repeated abuse of the pass, and attempting to escape the stop.

Your correspondence as you now realise was unwise; it contains no apology or contrition.

TfL prosecute almost everyone who abuses Freedom Passes. TfL will send you either:

A Single Justice Procedure Notice, which means the court will deal with a single offence on paper, or

A postal requisition if other offences are detected, and you are asked if you’d like these taken into consideration. The court will deal with the offences all at once, and you must attend.

If you plead or are otherwise found guilty, the court will penalise you as follows:

- A fine based on your income (the sentence for the offence)
- A surcharge of 40% of the value of the fine
- A contribution towards TfL's costs
- Compensation for the fares avoided

The conviction should be spent after one year but if you enter any profession not covered by the Rehabilitation of Offenders Act you will need to disclose the conviction for all time, even if it is spent. Unlock is a charity which can help you understand this.

Yhhh that’s what I thought. Is there any chance I can send another email. It hasn’t been 10 days since they sent the letter. Will the officer writing down, it being used for the first time come into helping me out. The officer, didn’t write down I tried to escape btw.

 

[Hadders]

TfL take misuse of Freedom Passes very seriously and prosecution under the TfL Byelaws is the normal outcome.

We have seen cases where using a solicitor specialising in rail fare evasion can present your mitigation in a better way than you are able to do yourself. There is no guarantee that they will be successful and if they cannot negotiate a favourable outcome you will still have to pay their fee in addition to the fine, surcharge, court costs. Solicitors specialising in rail fare evasion do not come cheap, expect no change from at least £1,000 and possibly more.

Here's a link to TfL's Revenue Enforcement & Prosecutions Policy which I suggest reading, and in particular section 8.

https://content.tfl.gov.uk/revenue-enforcement-and-prosecutions-policy.pdf

 

[AlterEgo]

Yhhh that’s what I thought. Is there any chance I can send another email.

You can send one, but it’s important to know two things:

- you have no mitigation anyway
- TfL will likely work through things in order and make their decision based on the correspondence they receive

@Hadders mentions a solicitor but they are best used if you have mitigation you are struggling to present. If you don’t have any mitigation, there is very little a solicitor can do for you.

It hasn’t been 10 days since they sent the letter. Will the officer writing down, it being used for the first time come into helping me out.

No, they’re just writing down the lie you told them. TfL may audit the pass, and in any case they weren’t born yesterday. People who abuse Freedom Passes do so habitually; revenue stops are very rare even as a daily user of the system, and you’d have to be incredibly unlucky to ever be stopped the first time you used one.

The officer, didn’t write down I tried to escape btw.

They wouldn’t, because they are recording the interview with you. I would expect them to mention this in the witness statement they will provide as evidence.