TFL Freedom Pass Query

[sachin@rafael]

Good evening all

I am new to forum. Hence not sure where to go for a quick advice or this is the correct procedure to follow to post here to get some advice.

My cousin got caught using my grandfather disabled freedom pass and my grandfather had absolutely no idea regarding this. My cousin received a letter from TFL. My cousin replied to the letter and TFL today stated that would close the case by giving him warning only. Just wanted to know:-

1. Does this warning show up on any DBS?
2. What is the process to get the Pass back for my grandfather?

Any advice would be appreciated.

 

[gray1404]

1. No. He got very lucky with just a warning. I'm really surprised at this.
2. The pass holder should report the pass as lost and hopefully they'll issue a replacement. They may ask questions though.

 

[Fawkes Cat]

1. No. He got very lucky with just a warning. I'm really surprised at this.

I’d agree that your cousin has been very lucky. So it’s important that your cousin doesn’t push their luck: they should never use someone else’s pass again as a repeat will almost certainly lead to prosecution.

 

[Snow1964]

Your grandfather will have to report pass as lost or stolen.

Almost certainly your grandfathers pass will have a reissue flag recorded, so if it ever happens again, and that pass is found misused (without being reported as lost or stolen) there will lot of difficult questions. There are conditions in T&Cs about looking after it and not lending it etc

Technically Freedom passes are issued on behalf of local councils, so can't assume everyone will get same outcome in future

 

[AlterEgo]

I’d agree that your cousin has been very lucky. So it’s important that your cousin doesn’t push their luck: they should never use someone else’s pass again as a repeat will almost certainly lead to prosecution.

I can only imagine the cousin was a child; TfL will almost always prosecute adults.

 

[Hadders]

Welcome to the forum!

TfL take misuse of Freedom Passes very seriously, and your cousin is very lucky to espace with just a warning. This won't appear on a DBS check but your cousin should be very careful to make sure they have the correct ticket/pass when using public transport in future because if another irregularity is found they are likely to be prosecuted.

I believe your grandfather would need to get his pass reissued. As noted above this could lead to further questions being asked.

 

[Haywain]

My cousin got caught using my grandfather disabled freedom pass and my grandfather had absolutely no idea regarding this. My cousin received a letter from TFL. My cousin replied to the letter and TFL today stated that would close the case by giving him warning only.

It would be very helpful to us if you could share more information about the circumstances of your cousin's case. This would widen our knowledge in respect of the advice we can provide to others in the future.

 

[Falcon1200]

The pass holder should report the pass as lost and hopefully they'll issue a replacement. They may ask questions though.

Surely TfL have a record that the pass has been taken and used by a person not entitled to it, rather than lost or stolen?

 

[etr221]

Surely TfL have a record that the pass has been taken and used by a person not entitled to it, rather than lost or stolen?

As the grandfather was unaware of its misuse, it was essentially 'lost or stolen' (and (mis-)used by the finder/stealer). How much detail grandfather wants to go into, given that this is within a family, is up to them.

 

[furlong]

As the grandfather was unaware of its misuse, it was essentially 'lost or stolen' (and (mis-)used by the finder/stealer). How much detail grandfather wants to go into, given that this is within a family, is up to them.

Why are you suggesting the grandfather lie when TfL already knows what happened? If was neither stolen nor lost. The OP tells us it was borrowed without consent then confiscated. If they attempt to hide that there'll be even more questions if or when it's discovered! You'd expect a reply to indicate what new steps were being taken to prevent a repeat of the incident i.e. how the grandfather will try to prevent the card from being borrowed again.

 

[Deerfold]

Why are you suggesting the grandfather lie when TfL already knows what happened? If was neither stolen nor lost. The OP tells us it was borrowed without consent then confiscated. If they attempt to hide that there'll be even more questions if or when it's discovered! You'd expect a reply to indicate what new steps were being taken to prevent a repeat of the incident i.e. how the grandfather will try to prevent the card from being borrowed again.

There's no indication that the grandfather does know what happened.

 

[furlong]

There's no indication that the grandfather does know what happened.

So you think rather the OP should lie to the grandfather about what happened, to enable the grandfather to tell an untruth?

Luckily, they seem normally just to reissue cards in circumstances like these.

 

[gray1404]

Borrowed without consent is stolen then.

 

[furlong]

Borrowed without consent is stolen then.

Not if it was going to be returned before the grandfather needed to use it - the intention to deprive him of its use permanently just isn't there, nor is there any cost to him (no stored value spent; no alternative tickets to buy as returned before needed).

 

[Falcon1200]

Presumably the Freedom Pass was confiscated by TfL, so it will depend whether they class misuse by a family member as theft.

 

[Fawkes Cat]

Not if it was going to be returned before the grandfather needed to use it - the intention to deprive him of its use permanently just isn't there, nor is there any cost to him (no stored value spent; no alternative tickets to buy as returned before needed).

Presumably the Freedom Pass was confiscated by TfL, so it will depend whether they class misuse by a family member as theft.

Indeed. It seems to me that TfL won't be too worried about whether the card was technically stolen or just taken without consent* but whether it was used by someone other than who it was issued to. If they consider sanctions against the cardholder, then similarly they will be more interested in whether they agreed to it being taken or not, rather than if they expected to get it back.

*I think that taking without consent is only an offence with motor vehicles, because an easy defence to a charge of stealing a car is that you were going to give it back after you'd finished joyriding.

 

[Puffing Devil]

Indeed. It seems to me that TfL won't be too worried about whether the card was technically stolen or just taken without consent* but whether it was used by someone other than who it was issued to. If they consider sanctions against the cardholder, then similarly they will be more interested in whether they agreed to it being taken or not, rather than if they expected to get it back.

*I think that taking without consent is only an offence with motor vehicles, because an easy defence to a charge of stealing a car is that you were going to give it back after you'd finished joyriding.

TWOC only applies to vehichles, technically "conveyances", Section 12 of the Theft Act.

 

[Deerfold]

So you think rather the OP should lie to the grandfather about what happened, to enable the grandfather to tell an untruth?

Luckily, they seem normally just to reissue cards in circumstances like these.

I didn't say anything about what I thought should happen. I was trying to clarify what the OP said compared with assumptions other posters were making.

 

[red29]

Good evening all

I am new to forum. Hence not sure where to go for a quick advice or this is the correct procedure to follow to post here to get some advice.

My cousin got caught using my grandfather disabled freedom pass and my grandfather had absolutely no idea regarding this. My cousin received a letter from TFL. My cousin replied to the letter and TFL today stated that would close the case by giving him warning only. Just wanted to know:-

1. Does this warning show up on any DBS?
2. What is the process to get the Pass back for my grandfather?

Any advice would be appreciated.

Can I ask how long he received the response from TFL back?

 

[30907]

Can I ask how long he received the response from TFL back?

The OP has only ever made the one post, over 2 months ago, so is unlikely to reply.
TfL's procedures for dealing with pass misuse may not be relevant to your rather different case either.