TFL Verification Letter - Time sensitive, Please help!

[grw_moody]

Hi all!

If you are reading this i hope you are very well. I have received a TFL Verification Letter, dated Thursday 9th January 2025 for an incident on Wednesday 8th 2025, which I have only received today. I only have 3 days left to respond, so any quick responses would be much appreciated.

I was stopped by a TFL Revenue Officer at London Bridge Underground station as I had just tapped in the gates to board the Jubilee line to attend a new work event, for a job that I had just started this a few days before. I had tapped in using my fathers Oyster card (which is a 60+ card, which I have learnt is called a 'Freedom Pass) as my debit card was overdrawn, and I had no means of topping the card up until my first pay day which is later on this month. Note that I had used the card to travel from another station in the London Zones (National Rail) to London Bridge initially. Please note that I have not used my fathers oyster card, or any other individuals oyster card ever in my history prior to this incident, and have never had an issue with TfL/the police or any other prior conviction in my life.

I have actually just come back from living abroad for two years, so not all familiar with the terms and conditions, not that that is an excuse - just more context for the reader. When I was stopped with the officer, I was compliant and courteous with him, though I did not give much detail apart from stating that I had just moved back to the UK a week prior.

I am particularly concerned as:
a) there tight timeline to respond to the letter (3 days remaining);
b) I hold an ICAEW Charted Accountancy qualification and work at a big professional services firm that take things like this very seriously; and
c) I also plan to return back to the US for work within the year, and am deeply concerned that this can impact the Visa process

I've attached the letter I have received from TFL, blacked out personal info for privacy reason. My ask of you is to please provide me with any advice on how to move forward; from my online research, given that I used a Freedom pass and TfL is notoriously difficult to , I am best off soliciting legal advice, which I have emailed a few firms to do so. But if any of you have any tips or tricks or even have experienced a similar situation where you had a positive resolution (i.e. not a criminal conviction), please do respond.

I want to end this by saying thank you, and that this is NOT something I have taken lightly at all - my carelessness in understanding the impact of my action is my responsibility which I fully understand and will now hold myself accountable going forward.

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[Haywain]

I hold an ICAEW Charted Accountancy qualification and work at a big professional services firm that take things like this very seriously;

You are now subject to an investigation for a criminal act, and your employment contract may require you to declare this. You should check this as a matter of urgency. Other than that, as TfL almost always prosecute, you may be well advised to engage the services of a solicitor if you need to avoid obtaining a criminal record, as that would seem to ptovide the best opportunity of achieving such an outcome.

 

[grw_moody]

You are now subject to an investigation for a criminal act, and your employment contract may require you to declare this. You should check this as a matter of urgency. Other than that, as TfL almost always prosecute, you may be well advised to engage the services of a solicitor if you need to avoid obtaining a criminal record, as that would seem to ptovide the best opportunity of achieving such an outcome.

I've read my employment contract and it's not severe enough to disclose to them. I appreciate the advice, but don't you think it's jumping the gun when I haven't even responded yet, and not had an outcome? I know time of the essence with work to make sure that they are lenient, but also not raising false alarms is also key part of professional behaviour

 

[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.

The Verification letter is your opportunity to give any mitigating circumstances which you would like TfL 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 if you plead 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. It is important that you check your employment contract to see if you are required to disclose convictions to your employer.

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

 

[grw_moody]

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.

The Verification letter is your opportunity to give any mitigating circumstances which you would like TfL 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 if you plead 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. It is important that you check your employment contract to see if you are required to disclose convictions to your employer.

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 Hadders. I’ve seen this response from you on a few other Freedom Pass threads. Do you have any advice specific to my situation? Thanks.

 

[Hadders]

Thanks Hadders. I’ve seen this response from you on a few other Freedom Pass threads. Do you have any advice specific to my situation? Thanks.

Not really, I'm afraid.

I've seen lots of these cases on here over the years and they almost always end up being prosecuted. If you are going to keep the matter out of court then I suggest reading the Revenue Enforcement & Prosecutions Policy I linked to. Specifically section 8.2 which covers the factors TfL regard against prosecution.

I know this probably isn't what you want to hear, but I am being realistic and honest based on what I have seen over the years.

 

[furlong]

In a case like this I would think you should pay for a solicitor (from a firm that regularly deals with this sort of matter with TfL - there are several threads on the forum giving names of firms other people used) to try to persuade them merely to issue you with a warning. I would expect it to be a possible outcome in a case like this, but I think it would be difficult for you to argue this persuasively without professional assistance.

 

[grw_moody]

Not really, I'm afraid.

I've seen lots of these cases on here over the years and they almost always end up being prosecuted. If you are going to keep the matter out of court then I suggest reading the Revenue Enforcement & Prosecutions Policy I linked to. Specifically section 8.2 which covers the factors TfL regard against prosecution.

I know this probably isn't what you want to hear, but I am being realistic and honest based on what I have seen over the years.

Thank you. I saw within section 8.2 it lists mental health issues. I have a recent record of mental health circumstances as I saw a Psychiatric doctor during 2024 whilst I was in the states. I am in the process of seeing if I can obtain any doctor notes.

Have you heard of cases that have successfully avoid prosecution based upon mental health circumstances?

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

In a case like this I would think you should pay for a solicitor (from a firm that regularly deals with this sort of matter with TfL - there are several threads on the forum giving names of firms other people used) to try to persuade them merely to issue you with a warning. I would expect it to be a possible outcome in a case like this, but I think it would be difficult for you to argue this persuasively without professional assistance.

Thank you for the reassurance, think a positive attitude is 80% of the fight, and your reassurance means a lot - have done some research on a few firms and reached out to a few which I will definitely use.

 

[furlong]

Indeed obtain the medical evidence and provide it to the solicitor. (Personal view - the solicitor's role is really to make it as tricky as possible for TfL to prosecute and as easy as possible for them to settle, so that they might be persuaded it isn't worth expending lots of effort on one case that is at the low end of the scale of what they deal with. TfL also knows that you have taken the matter seriously enough to pay money to the solicitor, so even if they only give you a warning, what you did has still cost you a lot of money and you have in effect already punished yourself financially by having to pay this. Then if they do prosecute nevertheless, the solicitor has the experience to present any mitigation to the court in the best way.)

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

You will still need to check with your professional body and employer whether you need to inform either of them at this investigative stage i.e. based on the contents of the letter received. (Again, the solicitor may have relevant advice here, how to say anything and when.)

 

[AlterEgo]

Thank you. I saw within section 8.2 it lists mental health issues. I have a recent record of mental health circumstances as I saw a Psychiatric doctor during 2024 whilst I was in the states. I am in the process of seeing if I can obtain any doctor notes.

Would they be relevant to the case? You’ve dishonestly used someone else’s Freedom Pass here to effectively steal, and it’s unlikely (from TfL’s view) that you were unlucky to be caught the first time you did it.

You should get a solicitor. You’re a chartered accountant, like my wife is, so you do not want to mess about with this especially if you work for one of the Big Four.

 

[Hadders]

A solicitor cannot change what has happened but they will prpbably be able to present your mitigation in a better way than you feel able to do yourself.

Simply sufferering and being treated for a mental health condition in itself is insufficient reason, what you will need to show to TfL's satisfaction is how this impaired your judgement to use the Freedom Pass. Also, solicitors aren't cheap and you will need to pay their fee even if they are unsuccessful in obtaining a favourable outcome for you.

 

[grw_moody]

Would they be relevant to the case? You’ve dishonestly used someone else’s Freedom Pass here to effectively steal, and it’s unlikely (from TfL’s view) that you were unlucky to be caught the first time you did it.

You should get a solicitor. You’re a chartered accountant, like my wife is, so you do not want to mess about with this especially if you work for one of the Big Four.

According to Hadders above, it is part of their Bylaws that it is taken into consideration (section 8.2 of the Prosecution handbook). I have a recorded history of Anxiety (& depression) due to large institutional pressure (i.e. work stress), and I was travelling to a work event I couldn't miss. I have also just come back from the UK ka week prior from 2 years working abroad, so I hadn't really gotten acquainted with everything. Again, not that it's an excuse, but some background for you. I am getting a solicitor.

A solicitor cannot change what has happened but they will prpbably be able to present your mitigation in a better way than you feel able to do yourself.

Simply sufferering and being treated for a mental health condition in itself is insufficient reason, what you will need to show to TfL's satisfaction is how this impaired your judgement to use the Freedom Pass. Also, solicitors aren't cheap and you will need to pay their fee even if they are unsuccessful in obtaining a favourable outcome for you.

Agreed, suffering for mental health isn't sufficient - but as I just replied to AlterEgo, I have Anxiety and depression due to work stress, and I was travelling for a work event. Am in the process of getting a solicitor.

Thanks both for your point of views.

 

[grw_moody]

Would they be relevant to the case? You’ve dishonestly used someone else’s Freedom Pass here to effectively steal, and it’s unlikely (from TfL’s view) that you were unlucky to be caught the first time you did it.

You should get a solicitor. You’re a chartered accountant, like my wife is, so you do not want to mess about with this especially if you work for one of the Big Four.

I also want to mention - I can prove that I have been in the United states until the New Year using official US government records. I have confirmed with my father that he has not used the card in the period that I flew back home to when I was caught. The paper trail is there

 

[Hadders]

According to Hadders above, it is part of their Bylaws that it is taken into consideration (section 8.2 of the Prosecution handbook). I have a recorded history of Anxiety (& depression) due to large institutional pressure (i.e. work stress), and I was travelling to a work event I couldn't miss. I have also just come back from the UK ka week prior from 2 years working abroad, so I hadn't really gotten acquainted with everything. Again, not that it's an excuse, but some background for you. I am getting a solicitor.

Just to confirm the Byelaws and the Revenue Enforcement & Prosecutions Policy are separate things.

If TfL decide to prosecute you under the Byelaws then you would be found guilty. You have been caught red handed with a ticket you aren’t entitled to use.

What you want to do is persuade TfL not to prosecute. This will be very difficult. Section 8.2 of the Revenue Enforcement & Prosecutions policy lists factors that TfL will take into consideration when deciding against prosecution but it also needs to be red in conjunction with other parts of the policy that lists factors that favour prosecution.

Having a mental health illness in itself isn’t a reason in itself that means you won’t be prosecuted. What you will need to demonstrate to TfL is how this illness impaired your judgement. Saying this like ‘it’s not an excuse’ doesn’t help this argument.

Using a solicitor is probably the best course of action given your circumstances, and I do hope you are able to come to a satisfactory outcome. Do let us know how things turn out as it is very useful to know these things so that we can offer appropriate assistance to people in the future.

 

[AlterEgo]

According to Hadders above, it is part of their Bylaws that it is taken into consideration (section 8.2 of the Prosecution handbook)

This may sound harsh but here goes. It's part of their prosecution policy, rather than the law, but the issue is this - you can't just say "I have anxiety and depression" and expect it to form mitigation. You need to be able to show how these conditions reduce your culpability. In short, why have these conditions contributed to make you act dishonestly? You were caught, effectively, stealing. Why should you not be prosecuted? You are an educated, responsible, professional working in an industry which is tightly regulated and requires a higher level of integrity than most other people. Those will be questions on the mind of the investigator.

I have a recorded history of Anxiety (& depression) due to large institutional pressure (i.e. work stress), and I was travelling to a work event I couldn't miss.

I think a much better explanation is as you outlined in the opening post was that your debit card was overdrawn and you simply stole the card and tried to get a free journey, because by your own admission you could not afford it. Much will also hinge on what, if anything, you said to the inspector during the stop. A good solicitor will help you avoid explaining these parts of the story which incriminate you and present mitigation, but there is no guarantee TfL will agree not to prosecute you. It will also unfortunately be expensive - but good luck to you.

 

[grw_moody]

This may sound harsh but here goes. It's part of their prosecution policy, rather than the law, but the issue is this - you can't just say "I have anxiety and depression" and expect it to form mitigation. You need to be able to show how these conditions reduce your culpability. In short, why have these conditions contributed to make you act dishonestly? You were caught, effectively, stealing. Why should you not be prosecuted? You are an educated, responsible, professional working in an industry which is tightly regulated and requires a higher level of integrity than most other people. Those will be questions on the mind of the investigator.


I think a much better explanation is as you outlined in the opening post was that your debit card was overdrawn and you simply stole the card and tried to get a free journey, because by your own admission you could not afford it. Much will also hinge on what, if anything, you said to the inspector during the stop. A good solicitor will help you avoid explaining these parts of the story which incriminate you and present mitigation, but there is no guarantee TfL will agree not to prosecute you. It will also unfortunately be expensive - but good luck to you.

Just to confirm the Byelaws and the Revenue Enforcement & Prosecutions Policy are separate things.

If TfL decide to prosecute you under the Byelaws then you would be found guilty. You have been caught red handed with a ticket you aren’t entitled to use.

What you want to do is persuade TfL not to prosecute. This will be very difficult. Section 8.2 of the Revenue Enforcement & Prosecutions policy lists factors that TfL will take into consideration when deciding against prosecution but it also needs to be red in conjunction with other parts of the policy that lists factors that favour prosecution.

Having a mental health illness in itself isn’t a reason in itself that means you won’t be prosecuted. What you will need to demonstrate to TfL is how this illness impaired your judgement. Saying this like ‘it’s not an excuse’ doesn’t help this argument.

Using a solicitor is probably the best course of action given your circumstances, and I do hope you are able to come to a satisfactory outcome. Do let us know how things turn out as it is very useful to know these things so that we can offer appropriate assistance to people in the future.

Understood thanks for the insight, which is what I was trying to gather!

 

[grw_moody]

This may sound harsh but here goes. It's part of their prosecution policy, rather than the law, but the issue is this - you can't just say "I have anxiety and depression" and expect it to form mitigation. You need to be able to show how these conditions reduce your culpability. In short, why have these conditions contributed to make you act dishonestly? You were caught, effectively, stealing. Why should you not be prosecuted? You are an educated, responsible, professional working in an industry which is tightly regulated and requires a higher level of integrity than most other people. Those will be questions on the mind of the investigator.


I think a much better explanation is as you outlined in the opening post was that your debit card was overdrawn and you simply stole the card and tried to get a free journey, because by your own admission you could not afford it. Much will also hinge on what, if anything, you said to the inspector during the stop. A good solicitor will help you avoid explaining these parts of the story which incriminate you and present mitigation, but there is no guarantee TfL will agree not to prosecute you. It will also unfortunately be expensive - but good luck to you.

Thanks for the insight

 

[grw_moody]

Hi all - update. The matter was resolved with a warning and no prosecution. Thanks!

 

[Haywain]

Hi all - update. The matter was resolved with a warning and no prosecution. Thanks!

Did you use a solicitor?

 

[grw_moody]

yeah

Did you use a solicitor?

 

[Laticia]

Hello, can you recommend which solisitor you used?

 

[30907]

Hello, can you recommend which solisitor you used?

The OP may not be reading the forum anymore - why should they?

If you want advice about your circumstances, please start a new thread as they won't be exactly the same.