Using a TFL staff pass without awareness

[HBM50]

I used a TFL Staff Pass card that is not mine. I was caught at the station and I admitted that I'm not TFL Staff.


I apologised and wanted to pay a fine but the revenue officer reported me and said TFL could prosecute me for unlawfully using a Staff Pass to travel for free.

I said that I always paid and they can verify it through the history of my card payments, I need the appropriate answer to their letter in order to have a settelment out of court, I think that I have to admit , apologise and say that I'm a student living in Scotland looking for a job, was in London for a short two days I didn't really know that it is dangerous in that way I always paid and never used an Oyster card before . Thanks a lot for your help

I just was visiting London for two days, can the fact that I don't live in London minimise the problem and their decision to prosecute, what are the factors that I need to mention in order to have a settlement out of court? I fear that this problem can affect job applications. I really always paid when I visited the capital and asked the revenue officer to verify it through the history of my card payments but he insisted on reporting.

TFL prosecutions policy clearly says: TfL will have regard to the following factors in favour of prosecution:

g) The offender has unlawfully used or transferred a Freedom pass, Staff Pass or other concessionary passes or travel documents issued to named holders other than the offender.

How should I respond to the letter please, I need to do it these two days. Thanks a lot

 

[Fawkes Cat]

Welcome to the forum!

I've asked that this be moved across to our separate Disputes and Prosecutions forum - there's more chance of people who know about this sort of thing seeing it there.

You may not be able to avoid prosecution in that our understanding is that TfL almost always take a hard line on the abuse of staff passes. But that's no reason not to try, so I would suggest that you need to convince TfL that there's no risk of you doing the same thing again. That will mean explaining that you do not normally travel in London because you live in Scotland, but when you do you, you always use your own card. Print off your card records to prove that you always do pay.

If you haven't done so already, you also need to let your friend know what has happened. They may well be in touble for letting you use the card, so they need to talk to their union rep before they are called in to talk to their manager or TfL's investigators.

 

[30907]

I'm afraid there's little to add. Please upload a redacted copy of the letter and we'll advise on how to reply.

We would be breaking the law ourselves if we commented on the implications for your immigration status, sorry.

 

[HBM50]

Thanks a lot for you answer, yes I already informed the person in order to avoid any issues. I was also thinking about the same thing, I will put the history of my card payments, I always paid TFL when I visited London. It's the first time that I use the Staff Card, are there any other points I should mention that can help in avoiding going to court. It's the general verification letter that I received from them. Thanks a lot

 

[357]

The chances are that they will prosecute and you will be found guilty.

If they do offer you a settlement then bite their arm off for it and pay it ASAP. It would be very unusual to get an offer in a situation like this.

 

[Wolfie]

I'm afraid there's little to add. Please upload a redacted copy of the letter and we'll advise on how to reply.

We would be breaking the law ourselves if we commented on the implications for your immigration status, sorry.

With respect to the OP's immigration status l am not about to offer any comment other than to observe that there is a volume of potentially relevant material from both the Home Office and law firms freely available on the internet.

== Doublepost prevention - post automatically merged: 21 Nov 2023 ==

The chances are that they will prosecute and you will be found guilty.

If they do offer you a settlement then bite their arm off for it and pay it ASAP. It would be very unusual to get an offer in a situation like this.

Absolutely. To be honest the employee to who the card was issued should be concerned about their job too.

 

[AlterEgo]

The chances are that they will prosecute and you will be found guilty.

If they do offer you a settlement then bite their arm off for it and pay it ASAP. It would be very unusual to get an offer in a situation like this.

I agree with this.

Using someone’s staff pass is a serious matter. It is not defensible; it has their name and photo on it. There is no way anyone can reasonably think it’s for use by anyone else.

The member of staff who gave you the pass will also likely face disciplinary action if they are found to have done so willingly.

Telling TfL that you have paid for some journeys before is not going to cut it I’m afraid. How are they to know that’s every journey you made?

 

[Bletchleyite]

Absolutely. To be honest the employee to who the card was issued should be concerned about their job too.

I certainly recall a case similar to this on here where it indeed caused them to lose their job - I think it was "resign or be sacked" so they chose the former at Union advice.

 

[Titfield]

You need to cover the points which @Hadders lists in the advice he gives:
- 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

You must stress that this will not happen again under any circumstances whatsoever given the seriousness of the matter. (See earlier advice referencing that you have always paid previously and that you are non resident in Londin).

 

[Deafdoggie]

You need to cover the points which @Hadders lists in the advice he gives:
- 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

You must stress that this will not happen again under any circumstances whatsoever given the seriousness of the matter. (See earlier advice referencing that you have always paid previously and that you are non resident in Londin).

But only if they are given the opportunity. TfL usually go straight for prosecution for fare dodging & I'm not aware of any staff pass misuse where they haven't.

 

[Wolfie]

But only if they are given the opportunity. TfL usually go straight for prosecution for fare dodging & I'm not aware of any staff pass misuse where they haven't.

Misuse of staff passes is probably so rare that if TfL read this thread they will know exactly which case it refers to particularly given that the case involves a resident of Scotland. The fact that the OP states in their first post that they were given the pass by its legitimate holder is deeply unhelpful to that person's future prospects.

 

[HBM50]

Thanks all for your clarification, saying that I only used it this time to save some money because I'm passing by a difficult financial period will help or not ? This is the truth and I always paid in previous visits

 

[skyhigh]

But only if they are given the opportunity. TfL usually go straight for prosecution for fare dodging & I'm not aware of any staff pass misuse where they haven't.

They almost always send their standard Verification Letter first which gives an opportunity to respond.

 

[HBM50]

They almost always send their standard Verification Letter first which gives an opportunity to respond.

Yes I received the standard verification letter and now thinking about what to respond in order to avoid the prosecution, I really always paid and I hope that they will consider paying a fine without going to court..

 

[Deafdoggie]

Thanks all for your clarification, saying that I only used it this time to save some money because I'm passing by a difficult financial period will help or not ? This is the truth and I always paid in previous visits

Others may, possibly, disagree. But I can't see it making any difference at all.

 

[HBM50]

that's clear, thanks for your answer, Is the fact that I don't live in London helpful or not seen that I only visit it every two or three months?

 

[Deafdoggie]

that's clear, thanks for your answer, Is the fact that I don't live in London helpful or not seen that I only visit it every two or three months?

Again, I can't see it making any real difference.

 

[HBM50]

Thanks I thought that the financial problem won't make any difference not the fact that I live outside London, any other mitigating factors that I can cite, I'm a student who finished his studies recently, looking for a job and without any income in this period ?

 

[Deafdoggie]

Thanks I thought that the financial problem won't make any difference not the fact that I live outside London, any other mitigating factors that I can cite, I'm a student who finished his studies recently, looking for a job and without any income in this period ?

That would probably make them worried you'd do it again if you don't get a job.
The best way of getting an out of court settlement (although with TfL it's not going to be easy, or maybe possible) is to show contrition, apologise and show you've learnt from it and won't be doing it again. As far as excuses go, you won't be able to give them one they've not heard a million times before.

 

[spag23]

I note that the OP hasn't said whether they acquired the Staff Pass with that staff member's permission or knowledge. Not so relevant to the OP's position, but crucial to the staff member.

 

[Buzby]

A further consideration is that any legal action will have to initiated in Scotland’s Sheriff Court (as any SJ proceedings could be properly thrown out as invalid). This may be a complication too far and result in the possibility of a settlement. I’m assuming they are aware of who’s pass was used, and action for this could continue regardless.

 

[Fawkes Cat]

A further consideration is that any legal action will have to initiated in Scotland’s Sheriff Court (as any SJ proceedings could be properly thrown out as invalid).

I don't think this is true: my understanding is that prosecutions (for anything - not just railway irregularities) are generally conducted in the jurisdictions where the alleged offence took place. Since TfL are in England, that would suggest a prosecution in England.

If you know better, please do explain where I'm going wrong. And what's an SJ? I'm sure it's obvious but I'm struggling.

 

[glasgowniteowl]

A further consideration is that any legal action will have to initiated in Scotland’s Sheriff Court (as any SJ proceedings could be properly thrown out as invalid). This may be a complication too far and result in the possibility of a settlement. I’m assuming they are aware of who’s pass was used, and action for this could continue regardless.

I don't think that's the case, the matter would be started in an English court as the offence took place in England, Scottish Sheriff Court won't cone into it at all

 

[furlong]

The person who lent you it might also be prosecuted for example under byelaw 20(2) as well as face disciplinary action which would typically lead to them losing their job.

If you really need to minimise the (non-financial) impact, this is one of those cases where you should consider paying for a lawyer to represent you, but even an experienced lawyer could struggle to resolve this sort of thing outside court. They would at least be able to check there are no mistakes in the paperwork and present your explanation in the most effective way possible. Anecdotally, showing TfL that you're prepared to pay for a lawyer may help to demonstrate you genuinely understand the severity of what you've done and this may contribute towards one of the pre-conditions for any (still unlikely) settlement.

 

[skyhigh]

A further consideration is that any legal action will have to initiated in Scotland’s Sheriff Court

This is complete and utter nonsense.

 

[FrodshamJnct]

I used a TFL Staff Pass card that is not mine. I was caught at the station and I admitted that I'm not TFL Staff.


I apologised and wanted to pay a fine but the revenue officer reported me and said TFL could prosecute me for unlawfully using a Staff Pass to travel for free.

I said that I always paid and they can verify it through the history of my card payments, I need the appropriate answer to their letter in order to have a settelment out of court, I think that I have to admit , apologise and say that I'm a student living in Scotland looking for a job, was in London for a short two days visit and used the pass to save some money because I'm passing by a difficult financial period. Thanks a lot for your help

I just was visiting London for two days, can the fact that I don't live in London minimise the problem and their decision to prosecute , what are the factors that I need to mention in order to have a settlement out of court ? I fear that this problem can affect my immigration history and job applications. I really always paid when I visited the capital and asked the revenue officer to verify it through the history of my card payments but he insisted to report.

TFL prosecutions policy clearly says : TfL will have regard to the following factors in favour of prosecution:

g) The offender has unlawfully used or transferred a Freedom pass, Staff Pass or other concessionary passes or travel documents issued to named holders other than the offender.

How should I respond to the letter please , I need to do it these two days. Thanks a lot

You’re “passing by a difficult financial period” but could afford to visit London for two days? I would imagine Magistrates would take a dim view of this if you’re saying the reason you misused the staff pass was because you’re in financial difficulty.

 

[Wolfie]

Thanks all for your clarification, saying that I only used it this time to save some money because I'm passing by a difficult financial period will help or not ? This is the truth and I always paid in previous visits

Sadly for you TfL will not care a hoot about your "financial problems".
Including proof that you always paid previously might tend to persuade them that this is a one-off though.

== Doublepost prevention - post automatically merged: 21 Nov 2023 ==

A further consideration is that any legal action will have to initiated in Scotland’s Sheriff Court (as any SJ proceedings could be properly thrown out as invalid). This may be a complication too far and result in the possibility of a settlement. I’m assuming they are aware of who’s pass was used, and action for this could continue regardless.

Huh? That has no rational (or legal!) basis whatsoever. By your logic TfL would have to pursue a French offender in France!

In reality the law in force at the location an alleged offence takes place applies.

 

[randyrippley]

A further consideration is that any legal action will have to initiated in Scotland’s Sheriff Court (as any SJ proceedings could be properly thrown out as invalid). This may be a complication too far and result in the possibility of a settlement. I’m assuming they are aware of who’s pass was used, and action for this could continue regardless.

No it won't: the offence happened in England. His place of residence is irrelevant.

 

[FrodshamJnct]

This is complete and utter nonsense.

Yep that’s complete rubbish, ignore.

 

[HBM50]

You need to cover the points which @Hadders lists in the advice he gives:

- 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

You must stress that this will not happen again under any circumstanc

You need to cover the points which @Hadders lists in the advice he gives:
- 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

You must stress that this will not happen again under any circumstances whatsoever given the seriousness of the matter. (See earlier advice referencing that you have always paid previously and that you are non resident in Londin).

Many people here said that they would not take my financial situation into consideration, when I apologise and I say that I deeply regret it can it add anything ?