How to respond to TfL fare evasion letter and likely prosecution fine

Hello, my partner's mother has been caught by an undercover TfL officer for regularly using her husband's 60+ London Oyster photo card to travel on the Tube. She will rightly have to own up as it's not her card. I don't know how long she has been using the card, but it would not be a recent thing. The husband lives elsewhere and has only come back briefly twice last year to visit.

She has received a letter regarding the matter and will have to admit to the offence. My questions:

1. Does she only need to fill in personal details on the top (name, address etc) if pleading guilty? It is this form: https://www.reeds.co.uk/personal-law/fare-evasion-solicitors/tfl-letter-censored-2/.
   
   
2. I have read it is very likely TfL will prosecute. What will the likely costs be as a result of prosecution for someone has committed the offence multiple times?
   
   
3. Will the husband lose his card as a result of the prosecution? I imagine he would, regardless of whether he knew or not that his wife was using it.

Hi.

As a start, has this lady worked out how many times she's used the card and how long? This could enable the knowledgeable people here to give you some understanding of what might happen and what it could cost. It would be helpful to know that.

ducksinrow said:

Hello, my partner's mother has been caught by an undercover TfL officer for regularly using her husband's 60+ London Oyster photo card to travel on the Tube. She will rightly have to own up as it's not her card. I don't know how long she has been using the card, but it would not be a recent thing. The husband lives elsewhere and has only come back briefly twice last year to visit.

She has received a letter regarding the matter and will have to admit to the offence. My questions:

1. Does she only need to fill in personal details on the top (name, address etc) if pleading guilty? It is this form: https://www.reeds.co.uk/personal-law/fare-evasion-solicitors/tfl-letter-censored-2/.

Click to expand...

This letter is not asking for a plea, it is pre-court correspondence prior to any decision to prosecute. There is nothing stopping her from writing a spiel asking them to settle, or, if she has any mitigating circumstances, to outline them there too.

ducksinrow said:

1. 
   
   
2. I have read it is very likely TfL will prosecute. What will the likely costs be as a result of prosecution for someone has committed the offence multiple times?

Click to expand...

It depends how many times they have used it, and also how many times TfL assess her to have used it (they will use numerous ways to work this out, including her own admissions either by reply or when stopped)

There could also be big problems for the holder if they have moved elsewhere or abroad, because 60+ is a local product, and not surrendering it or getting it deactivated when leaving the area is technically not allowed either.

Are we to presume the person using it didn't qualify (as under 60 years old), or were they 60 but had address outside the London qualifying area. Either way they would have knowingly been travelling without a valid ticket.

There is a fair chance that if this had been going on for months very serious charges could be taken, as hundreds of pounds of fares have been avoided.

notmyrealname said:

Hi.

As a start, has this lady worked out how many times she's used the card and how long? This could enable the knowledgeable people here to give you some understanding of what might happen and what it could cost. It would be helpful to know that.

Click to expand...

I suspect around a year. I don't know for sure as I don't speak to her directly but would assume she used that card often, so once or twice a week at least.

AlterEgo said:

This letter is not asking for a plea, it is pre-court correspondence prior to any decision to prosecute. There is nothing stopping her from writing a spiel asking them to settle, or, if she has any mitigating circumstances, to outline them there too.

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Thanks. I don't think she has any mitigating circumstances as I've heard she used the 60+ card frequently. In fact, apparently, this is what the undercover officer said when they stopped my partner's mum at some point.

AlterEgo said:

It depends how many times they have used it, and also how many times TfL assess her to have used it (they will use numerous ways to work this out, including her own admissions either by reply or when stopped)

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I would think around a year, as that is the period the husband moved away from London, although his address (including GP and all of that) are still with in the local borough.

Snow1964 said:

There could also be big problems for the holder if they have moved elsewhere or abroad, because 60+ is a local product, and not surrendering it or getting it deactivated when leaving the area is technically not allowed either.

Are we to presume the person using it didn't qualify (as under 60 years old), or were they 60 but had address outside the London qualifying area. Either way they would have knowingly been travelling without a valid ticket.

Click to expand...

The husband (cardholder) moved out of London for to be conveniently located near his work site and lives in temporary accommodation. I'm aware it's not a permanent move in that his marital home is unchanged and as far as the council is concerned, he still lives there. Thank you for flagging this up as I think that adds another 'layer' to the situation now which they will need to consider.

Snow1964 said:

There is a fair chance that if this had been going on for months very serious charges could be taken, as hundreds of pounds of fares have been avoided.

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What would count as 'serious'? Will that mean community service or prison as well as a hefty fine? I think the former is her main concern.

Edit: to say I've been a bit daft and replied to everyone in one post! Sorry!

Rest assured, she won't go to prison (or even community service), but is very likely to come away from this with a criminal record, a big fine, and a large bill for the fares avoided.

Transport for London take misuse of Freedom Passes very seriously and prosecution under the TfL Bylaws is the usual outcome.

It sounds as though what you've been sent is a Verification Letter which asks you to confirm of dent the offence and give any mitigating factors you wantg TfL to take into consideration when they decide how to proceed. You have nothing to lose in giving mitigating factors, or asking them to settle out of court, but don't get your hopes up because TfL generally do not settle out of court.

Assuming the case ends up in court and you are convicted (either by pleading guilty or by being found guilty following a trial) 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.

Here's a link to TfL's Revenue Enforcement & Prosecutions Policy which you might find worth reading:

Thanks all, this is very useful.

TfL's normal approach with people who co-operate seems to be to prosecute only for the ONE occasion where she was caught red-handed (because that's easy - they already have all the evidence they need), and to invite her to admit to whatever other journeys they find. The court will take these into account when deciding the level of the fine and amount of compensation.