Fare Evasion - Freedom Pass

[Passenger123]

Hello, i was stopped at the beginning of my journey (immediately after going through the barriers) and asked to provide the card I used.

I, unfortunately, used a freedom pass that didn't belong to me. I told the officer this was a mistake and that I am happy to pay my fare and continue with my journey. He insisted he needed to ask me questions. I asked him what the process is to what he could only reply I will get a letter in the post. I asked what happen after the letter and what is the rest of the process and he evaded the question. He asked for my name address and DOB i provided the details and after he verified this i asked if i could go as needed to get home as my daugther had a drs appointment. He said he needs to ask more question i asked him how long this will take as I am on a rush. He gave up on the other questions and let me out so I can come back in and use my oyster.

After doing some research on the matter i found out this can be more than a fine ans can be a criminal offence which I really want to avoid. Any advice on how to avoid the criminal offence and hopefully settle out of court.

Thanks

 

[Kilopylae]

Sadly, the forum's experience is that Transport for London tend to have a serious sense of humour failure around misuse of Freedom Passes, so it is very likely that you will be prosecuted under the TfL Bylaws.

You are going to receive a letter, usually within a couple of weeks, asking you to confirm or deny the incident and talk about mitigating circumstances. Other users often provide good advice for what to include in this letter. Occasionally, TfL may be willing to offer a final warning rather than prosecution, so it's worth writing this letter even though the odds are against you.

A bylaw conviction is not a recordable offence, so it will not create a criminal record, except on Enhanced DBS checks. Most employers will not see it at all, and if you have to declare it, many employers will be happy to disregard a minor ticketing offence. I hope this reassures you a little.

 

[Brissle Girl]

TfL appear to be particularly hot on Freedom Pass misuse (not unreasonably), so it may be optimistic to hope that you can get an out of court settlement, but between us, we should be able to give you advice to help you through the process.

A couple of questions though. When you say it was a mistake, do you mean a genuine mistake, in that you accidentally used someone else's card, or an error of judgement, in that it was a premeditated attempt to avoid paying?

Also, if the latter, was this the first time you have done this, and if not, is there a pattern of use that investigators may spot that suggest regular misuse?

 

[Passenger123]

Sadly, the forum's experience is that Transport for London tend to have a serious sense of humour failure around misuse of Freedom Passes, so it is very likely that you will be prosecuted under the TfL Bylaws.

You are going to receive a letter, usually within a couple of weeks, asking you to confirm or deny the incident and talk about mitigating circumstances. Other users often provide good advice for what to include in this letter. Occasionally, TfL may be willing to offer a final warning rather than prosecution, so it's worth writing this letter even though the odds are against you.

A bylaw conviction is not a recordable offence, so it will not create a criminal record, except on Enhanced DBS checks. Most employers will not see it at all, and if you have to declare it, many employers will be happy to disregard a minor ticketing offence. I hope this reassures you a little.

Thanks for this. I am also planning on applying for British citizenship in a couple of month i currently have ILR. If found guilty (most likely the case) how will this impact my citizenship application

 

[Islineclear3_1]

Sadly, the forum's experience is that Transport for London tend to have a serious sense of humour failure around misuse of Freedom Passes, so it is very likely that you will be prosecuted under the TfL Bylaws.

You are going to receive a letter, usually within a couple of weeks, asking you to confirm or deny the incident and talk about mitigating circumstances. Other users often provide good advice for what to include in this letter. Occasionally, TfL may be willing to offer a final warning rather than prosecution, so it's worth writing this letter even though the odds are against you.

A bylaw conviction is not a recordable offence, so it will not create a criminal record, except on Enhanced DBS checks. Most employers will not see it at all, and if you have to declare it, many employers will be happy to disregard a minor ticketing offence. I hope this reassures you a little.

I'm not sure TfL would see misuse of a freedom pass as a minor ticketing offence

Do you have your own freedom pass and picked up somebody else's in the household by mistake instead of your own?

 

[fandroid]

Thanks for this. I am also planning on applying for British citizenship in a couple of month i currently have ILR. If found guilty (most likely the case) how will this impact my citizenship application

We aren't allowed to offer advice on immigration related issues. A good place to start would be Citizens Advice. They do have a website which tells you the basics

 

[Passenger123]

TfL appear to be particularly hot on Freedom Pass misuse (not unreasonably), so it may be optimistic to hope that you can get an out of court settlement, but between us, we should be able to give you advice to help you through the process.

A couple of questions though. When you say it was a mistake, do you mean a genuine mistake, in that you accidentally used someone else's card, or an error of judgement, in that it was a premeditated attempt to avoid paying?

Also, if the latter, was this the first time you have done this, and if not, is there a pattern of use that investigators may spot that suggest regular misuse?

Yes, i am happy to own to my actions and be held accountable. I just got back to work 2 weeks ago after being on mat leave and money is tight so decided to use the pass to cut down costs until I get my first paycheck. In the past while at work i used to have a gold card. Since I was on mat leave for over a year there was no point having one until i return to work. In essence there may be a pattern but for no more than 2 weeks and i didnt use the pass everytime.

I think as most people didnt realise fare evasion was a criminal offence. Im sure I wouldnt done that if I knew. As I said it was supposed to be a short term solution until i get my first pay check.

Any help on how to reply to the letter to give myself the best chances to avoid going to court?

 

[skyhigh]

Who did the pass belong to? Were they aware you were using it?

 

[Hadders]

Welcome to the forum!

Transport for London take misuse of Freedom Passes very seriously and the normal outcome is for them to proseucte in the Magistrates Court under the TfL Bylaws.

What happens next is that TfL will send you a Verification Letter which normally takes a couple of weeks to arrive. This letter will ask you to confirm or deny the offence and gives you the opportunity to give any mitigating factors you would like TfL to take into account when they decide how they are going to proceed.

Transport for London do not normally offer out of court settlements like their National Rail counterparts often do. Occasionally they offer a Final Warning but this is highly unlikely where misuse of a Freedom Pass is involved. There is nothing stopping you from requesting the matter be dealt with out of court but do not expect the case to be resolved this way.

If you plead guilty, or are found guilty following a trial then you will have to pay:

- A fine based on your income (usually reduced by a third if you plead guilty at the earliest opportunuity)
- A surcharge of 40% of the value of the fine
- A contribution towards TfL's costs in bringing the case to court
- Compensation for the fares avoided

A Bylaw conviction is a crininal conviction and ordinarily won't show on a basic DBS check although we would always recommend being truthful if asked if you have a conviction.

Feel free to upload a copy of the letter from TfL in this thread (with personal details redacted) aliong with your draft reply in this thread and forum members will be happy to proof read it for you.

We are unable to offer any advice in relation to your immigration status.

 

[Passenger123]

Who did the pass belong to? Were they aware you were using it?

Does it make a difference?

 

[WesternLancer]

Does it make a difference?

Yes. I think so.

I think that if the Freedom Pass rightful owner was aware of you using it (ie they leant it to you to use) they will be guilty of some sort of offence or breach of the pass rules too - and it would probably be withdrawn completely as TfL will know they can not be trusted to be issued with one as they are prepared to lend it to people (ie you) who are not entitled to use it.

 

[Passenger123]

Yes. I think so.

I think that if the Freedom Pass rightful owner was aware of you using it (ie they leant it to you to use) they will be guilty of some sort of offence or breach of the pass rules too - and it would probably be withdrawn completely as TfL will know they can not be trusted to be issued with one as they are prepared to lend it to people (ie you) who are not entitled to use it.

Yes, but how is this relevant to me and my situation? How does it make a difference on the fine i receive or the chances if getting a final warning?

 

[WesternLancer]

Yes, but how is this relevant to me and my situation? How does it make a difference on the fine i receive or the chances if getting a final warning?

I don't know the answer to that. But you did not ask how it was relevant to you in the question I answered....you just asked if it made a difference.

So perhaps it just makes a difference to the person whose card it is (end of their ability to get free travel would, I assume, make a difference to them at least).

As to a final warning, I suspect your chances of getting one of them are slim to close to zero. But that is just my opinion.

 

[Passenger123]

Welcome to the forum!

Transport for London take misuse of Freedom Passes very seriously and the normal outcome is for them to proseucte in the Magistrates Court under the TfL Bylaws.

What happens next is that TfL will send you a Verification Letter which normally takes a couple of weeks to arrive. This letter will ask you to confirm or deny the offence and gives you the opportunity to give any mitigating factors you would like TfL to take into account when they decide how they are going to proceed.

Transport for London do not normally offer out of court settlements like their National Rail counterparts often do. Occasionally they offer a Final Warning but this is highly unlikely where misuse of a Freedom Pass is involved. There is nothing stopping you from requesting the matter be dealt with out of court but do not expect the case to be resolved this way.

If you plead guilty, or are found guilty following a trial then you will have to pay:

- A fine based on your income (usually reduced by a third if you plead guilty at the earliest opportunuity)
- A surcharge of 40% of the value of the fine
- A contribution towards TfL's costs in bringing the case to court
- Compensation for the fares avoided

A Bylaw conviction is a crininal conviction and ordinarily won't show on a basic DBS check although we would always recommend being truthful if asked if you have a conviction.

Feel free to upload a copy of the letter from TfL in this thread (with personal details redacted) aliong with your draft reply in this thread and forum members will be happy to proof read it for you.

We are unable to offer any advice in relation to your immigration status.

Thanks. Will upload the letter when I receive. Any chance
Of recommendations for a solicitor?

 

[spag23]

Hello, i was stopped at the beginning of my journey (immediately after going through the barriers) and asked to provide the card I used.

For what it's worth, most barriers usually display high value tickets to monitoring transport staff. The OP, having just returned from maternity leave, presumably looks well under 60; so not the usual Freedom Pass holder. So a gateline challenge to prove age or disabled eligibility was to be expected, sooner or later.

 

[island]

We aren't allowed to offer advice on immigration related issues. A good place to start would be Citizens Advice. They do have a website which tells you the basics

Indeed. Providing generic information not specific to an individual is not advice, so I would invite the OP to read the Home Office rules on the "good character" threshold.

 

[ainsworth74]

Yes as a reminder please that unless you are registered with the Office of the Immigration Services Commissioner then you should not be providing immigration advice. Whilst I appreciate this may be frustrating and our line might be stricter than is required by law we'd prefer to err on the side of caution and that members only ever provide generic information to those that request such as links to rules, guidance or similar. Statements about what individuals should do in their specific circumstances should be avoided. Thank you

 

[Passenger123]

Hello again, just wanted ti follow up on the above. Ive read tfl revenue enforcement policy and one if the things they would consider to not prosecute is if they can see the risk of reoffending is minimal. I plan to apologise for my poor judgement on the letter as well as mention that I wasnt fully aware of the consequences of my actions and that i wont do this again.

Ive also thought about buying a season ticket to show the risk if reoffending is minimal. However the cost of the season ticket is very high and in reality i wouldnt need one as i only travel to work 2-3 days a week so im better off using pay as you go. The money i would be spending on a season ticket can be used to cover the cost of the fine and admin costs. However, if buying a season ticket will significantly reduce the chances of being prosecuted then i will have to suck it up and use the savings.

Lastly, ive enquired with a few solicitors and the cost of writing the letter for you is ~£700. Is it worth spending that if the chances are minimal? Overall whatever route i take i will have to spend some money which will likely drain my savings. Just want to make sure i use it the best way possible.

 

[WesternLancer]

Ive also thought about buying a season ticket to show the risk if reoffending is minimal. However the cost of the season ticket is very high and in reality i wouldnt need one as i only travel to work 2-3 days a week so im better off using pay as you go. The money i would be spending on a season ticket can be used to cover the cost of the fine and admin costs. However, if buying a season ticket will significantly reduce the chances of being prosecuted then i will have to suck it up and use the savings.

On this point I don't think it is reasonable for you to have to buy a season ticket that you don't actually need and I fear it would not sway the case enough even if you did so. Tho a flexi season ticket on national rail would probably be better value - but I think that is not an option for your travel so PAYG is better. A way to show you have 'mended your ways' would thus be to explain that you travel 2-3 days a week and show a clear ticket payment record from a registered PAYG card that supports that over a recent period, by way of evidence.

Ref engaging a solicitor. I suppose you have to weigh up if the stakes are high enough for you to feel it worth paying that to try and avoid prosecution. That would mean if impact on your job / future employment and thus income etc are such that it might make it worth while, albeit there would still be no guarantee of success.

 

[Hadders]

Ive read tfl revenue enforcement policy and one if the things they would consider to not prosecute is if they can see the risk of reoffending is minimal.

That's right, however the policy also says that TfL will favour prosecution where an offence of a serious nature has been comitted. Using Freedonm Passes is specifically listed as a serious offence in the policy.

I think it's highly unlikely that this will be settled by way of a warning.

I plan to apologise for my poor judgement on the letter as well as mention that I wasnt fully aware of the consequences of my actions and that i wont do this again.

That's good, there's always a chance that you might strike lucky with TfL but I think saying that you weren't fully aware of the consequences of your actions might be stretching things a bit. Did you really think using a Freedom Pass that didn't belong to you was going to be allowed?

Ive also thought about buying a season ticket to show the risk if reoffending is minimal. However the cost of the season ticket is very high and in reality i wouldnt need one as i only travel to work 2-3 days a week so im better off using pay as you go. The money i would be spending on a season ticket can be used to cover the cost of the fine and admin costs. However, if buying a season ticket will significantly reduce the chances of being prosecuted then i will have to suck it up and use the savings.

I don't think this will influence TfL's decision on whether to prosecute or not. I'd only buy a season ticket if it made sense for you to do so given your travelling pattern.

Lastly, ive enquired with a few solicitors and the cost of writing the letter for you is ~£700. Is it worth spending that if the chances are minimal? Overall whatever route i take i will have to spend some money which will likely drain my savings. Just want to make sure i use it the best way possible.

In my view I don't think using a solicitor is going to make any significant difference to the outcome of the case but only you can make that decision.

 

[Passenger123]

Hello again, so the letter has arrived.

Just want to understand how the process work. Once I reply to that letter and if tfl decides to prosecute i will be getting a single justice procedures notice?

At that point will i need a solicitor or can i just plead guilty and wait for the fine?

Esentially my best chance is now on my reply to the letter. If that doesn't work out then it mean i will definitely have a record?

 

[30907]

Hello again, so the letter has arrived.

Just want to understand how the process work. Once I reply to that letter and if tfl decides to prosecute i will be getting a single justice procedures notice?

At that point will i need a solicitor or can i just plead guilty and wait for the fine?

Esentially my best chance is now on my reply to the letter. If that doesn't work out then it mean i will definitely have a record?

As has already been said by Kilopylae in post #2 TfL are likely simply to prosecute under their Byelaws, which is not generally seen as a serious matter. It is likely to be dealt with under SJP as you say.

Normally, emplying a solicitor would not be worth it. However, in your circumstances I would take advice from someone qualified on the possible impact on your citizenship application first.

 

[Passenger123]

Hey all, just to offer an update. Ive now sent my reply back to tfl and will wait for their response. Will
Follow up as and when here.

Hi there, how long does it normally take for TFL to reply after I’ve replied to their first letter (the one where they want to hear your version of the events)

Thanks

Welcome to the forum!

Transport for London take misuse of Freedom Passes very seriously and the normal outcome is for them to proseucte in the Magistrates Court under the TfL Bylaws.

What happens next is that TfL will send you a Verification Letter which normally takes a couple of weeks to arrive. This letter will ask you to confirm or deny the offence and gives you the opportunity to give any mitigating factors you would like TfL to take into account when they decide how they are going to proceed.

Transport for London do not normally offer out of court settlements like their National Rail counterparts often do. Occasionally they offer a Final Warning but this is highly unlikely where misuse of a Freedom Pass is involved. There is nothing stopping you from requesting the matter be dealt with out of court but do not expect the case to be resolved this way.

If you plead guilty, or are found guilty following a trial then you will have to pay:

- A fine based on your income (usually reduced by a third if you plead guilty at the earliest opportunuity)
- A surcharge of 40% of the value of the fine
- A contribution towards TfL's costs in bringing the case to court
- Compensation for the fares avoided

A Bylaw conviction is a crininal conviction and ordinarily won't show on a basic DBS check although we would always recommend being truthful if asked if you have a conviction.

Feel free to upload a copy of the letter from TfL in this thread (with personal details redacted) aliong with your draft reply in this thread and forum members will be happy to proof read it for you.

We are unable to offer any advice in relation to your immigration status.

How does tfl know your income to decide on the fine? And if so what is the percentage or how is this calculated?

 

[Brissle Girl]

It is the court (not TfL) that determines the fine, and you will be asked details of your financial situation (eg income) to enable them to set it. I can't answer how it is calculated I'm afraid.

 

[Passenger123]

So if you settle out of court how does tfl decide how much you have to pay?

 

[island]

So if you settle out of court how does tfl decide how much you have to pay?

Out of court settlements are usually based on repayment of the fare avoided (usually calculated based on the most expensive ticket, so anytime tickets or paper single tickets, with no Railcard or off-peak reductions), plus a fee relating to the cost of dealing with fare evaders.

 

[Wallsendmag]

So if you settle out of court how does tfl decide how much you have to pay?

This forum is overly keen on continuously pointing out that out of court settlements are not fines and fines can only be levied by courts.

 

[Hadders]

So if you settle out of court how does tfl decide how much you have to pay?

TfL will not settle misuse of a Freedom Pass out of court.

 

[Passenger123]

Out of court settlements are usually based on repayment of the fare avoided (usually calculated based on the most expensive ticket, so anytime tickets or paper single tickets, with no Railcard or off-peak reductions), plus a fee relating to the cost of dealing with fare evaders.

Thanks. This is helpful

 

[AlterEgo]

TfL will not settle misuse of a Freedom Pass out of court.

Caveat: we have seen this, very rarely, and usually when a solicitor has become involved. But as a general rule it’s wise not to get your hopes up.