3 mts Freedom Pass Misuse - **WON OOC and Formal Warning Letter **

[BlueBulb]

Hi guys,

Recently stumbled upon this forum and read a few threads about similar events to mine but just wondering would you be able to shed some light on this matter.

I have recently received in the post a letter requesting for my events regarding the use of my mother's freedom pass and whether I deny or accept committing an offence (although no specific offence was mentioned on the letter).

 

The pass was detained at Piccadilly Circus where the officer took my details and informed me that I would be receiving a letter in the next coming days. I was very respectful of the interaction with the officer and then I kindly asked the officer to let me out so I can tap in with my contactless so I can continue my journey. Was very nervous and remorseful during this period.

Background

is that I have used the freedom pass on quite a few occasions (not sure how many) over the course of 3 months to travel to and back from work and some leisure trips around London. Careless and stupid and I regret doing this but it has happened. Definitely a stern wake up call. Since then I've used my contactless card for travel + due to the weather, cycle around.

 

Members mentioned that buying a seasoned ticket might be helpful to show your commitment to following the law however with me cycling I don't regularly use a seasoned ticket but I have no issue in buying one or would using my contactless card work just as well? I of course will not be doing this no longer and swore to my self to just be respectful of our country's transportation as it's actually very good and helpful. 

And now I am wondering what the best course of response is.

I have 10 days for a response.

 

I have contacted a few solicitors already and all have given me general advice without a paid consultation. I would love this to be settled outside of court but from what I am reading, TFL usually, if not ever, settles it this way. I in no way want a criminal record and will pay suitable fees which will reimburse the parties that are involved as I know it is all my doing causing this.

 

I've read that multiple letters may be the best approach and communicate with TFL as much as possible. Should I start this immediately after submitting a letter via email? Know its going to be a long shot because of how TFL deals with cases these days.

 

I have attached a draft copy of what I would be sending.  I am not sure whether I should mention that the position I hold at work handles with cash regularly and relies on good character and that if this was taken to court and convicted, I will lose my job and therefore my family will suffer. Getting huge anxiety and stress just thinking about it as I've been working at my role for a good 7 years and its the last thing I want.

 

Any help would be greatly appreciated and if you do need any additional information I would be happy to supply if it helps. This feel awful and right now had a few sleepless nights as this really is not me but I know I need to deal with the consequences as best as I can.

 

To Whom It May Concern,

 

I want to start off by apologising for my actions in this case.

I pride myself on my integrity and honesty and I feel shameful for my moment of very poor judgement.

 

As the only earner of my household, looking after my mother who has health conditions making her unable to work and is on universal credit, she is reliant on me for bills, food and household support. if this matter were to escalate further into court, it would compromise my work as I need to keep a clean record and therefore be devastating to my family as I am the sole provider for income.

 

I am extremely sorry for what the officer explained to me was not a valid proof of travel as I was using my mother’s Freedom Card.

I was very compliant and answers all the officer’s questions.

 

I wish to stretch my apologies to members of staff concerned and to TFL, I am just so sorry for the inconvenience caused to all involved.

I have never been in trouble with the law in the past and I am very sorry for the situation which was caused by my actions.

 

I am happy to make immediate payment of the all-reasonable costs + any admin cost which may have occurred that my actions have caused and avoid a criminal record thereby allowing me to continue to my work and provide for my family.

 

I sincerely hope that you will accept my offer.

I have now read the terms and conditions and now fully understand the conditions of the Freedom Pass.

There will never be another incident involving myself with TFL.

 

I would appreciate your consideration and I sincerely hope that you can show some compassion in this matter.

 

Yours Faithfully, .

 

[BankFodder]

The letter is fine. Doesn't appear to try to justify yourself in any way and explains the circumstances.

The only problem is that by your own admission here, you have used the freedom pass on quite a few occasions and although you have an refer to that in your letter, they will check their records.
It might be a better idea to it me in your letter that you have used it on quite a few occasions.

Repeated use of somebody else's freedom pass is going to be taken far more seriously by TfL but you are certainly using the correct approach. I don't think there's anything more you can do other than to wait and see what the reaction is.

I'm not sure that purchasing a season ticket makes any particular difference – but maybe somebody else will say different
 

[dx100uk]

Pers I would not be telling them anything they don't already know. 

 

Back later.

 

 

 

 

 

 

 

[dx100uk]

letter put up as text as it was a docx that revealed your pers details in file/info.

 

can you scan up the TfL  letter to PDf please

read upload.

 

dx

 

 

 

 

 

 

[BlueBulb]

Appreciate the comments so far and I will look into it shortly to amend my letter to TFL.

 

I just came back to check the post and see that the file has been removed, guessing you removed it for me?

[dx100uk]

1 hour ago, dx100uk said:

letter put up as text as it was a docx that revealed your pers details in file/info.

 

can you scan up the TfL  letter to PDf please

read upload.

 

dx

 

[stones1229]

my thought is, if I say some thing they did not know or maybe they won't know if i don't mention, that shows a completely honesty and regret, that would help to settle a OOC, especially at the very early stage, to save their time and money.

 

 

[dx100uk]

no you write your begging letter in such a way that neither admits nor denies multiple uses.

there are examples here already concerning that.

 

what you need to understand is that if there is no CLEAR pattern of misuse, it is very difficult for them, other than by inference or your admittance, to prove it was you. thats why if you scan up the letter please, you see they themselves mention nothing specific or ONE sample charge.

 

if they do move to single justice procedure claim, additional uses are normally simply referred to journey taken into consideration (TIC) sheet, which lists them, and asks you to sign EACH ONE. you need to be smart here and CAREFULLY read all the like threads in the forum you found and posted your question in.,

 

 

 

 

 

[BlueBulb]

Thank you for your comments regarding my situation.

 

I have drafted up a further letter taking into consideration what was mention and will upload shortly as PDF following members guidelines mentioned above.

 

Right now it still anxiety, stress and, honestly, a lot of regret and stupidness which is the biggest impact of this. Definitely has changed the way I view situations like these for the better.

 

The letter took less than a week to arrive after the officer's report. The officer did mention that a report will be arriving within 5 days.

[BlueBulb]

Hi there guys. Apologise this took longer to draft up than expected. I have been juggling a lot outside but I have finally managed to type up an amended draft. I was not able to make a PDF form as I am concerned that it might still lead some personal information.

To Whom It May Concern,

 

Thank you for your letter on

 

I want to start off by sincerely apologising for my actions in this case and am extremely regretful of this situation.

 

As the only earner of my household, looking after my mother who has health conditions making her unable to work and is on universal credit, she is reliant on me for bills, food and household support. If this matter were to escalate further into court, it would compromise my employment as it is requiring a high level of integrity and a conviction for the criminal offence is likely to affect that future. This will be devastating to my family as I am the sole provider for income.

 

I am extremely sorry for using my mother’s Freedom Pass. I was very compliant and answered all the officer’s questions. I then asked if the officer can let me out so I could tap in with my contactless payment card to make payment for my journey. I have since used my contactless payment card for any subsequent journeys on Transport for London.

 

I wish to stretch my apologies to members of staff concerned and to TFL - I am just so sorry for the inconvenience caused to all involved. I have never been in trouble with the law in the past and will ensure that I won’t be in the future by producing a valid ticket. I am very sorry for this situation which was caused by my actions.

 

I am happy to make immediate payment of all-reasonable costs, outstanding fares & any admin costs, which, due to my actions, have caused, and avoid a criminal record thereby allowing me to continue to my work and provide for my family.

  

I understand that fare evasion is a serious matter, and hope you will consider avoiding the mutual inconvenience and hassle of court to settle this matter privately.

 

Yours Faithfully,

 

I have not disclosed this in the letter above but I have been suffering from anxiety, stress, weight loss insomnia unfortunately. I have been in contact with my GP and they have perscribed me some medication to ease these health conditions. Should this information be included in the letter to TFL?

 

Do let me know if there is anything I may be able to amend in the letter. Appreciate all your time.

[mantis shrimp]

Do you understand that a "high level of integrity" requires more than simply not being caught? 

 

I accept that our Prime Minister does not set a good example here. 

[dx100uk]

save that for later.

 

Programmable Search Engine (google.com)

clickme^^

 

 

[BlueBulb]

Would just like to update you on what has been happening over the space of 1 month since the last activity here. I believe my course of events happened quite quickly as compared to other people facing similar cases. Just hope this helps out anyone in a similar scenario to me.

 

1) After my submission of "Case of Events" (in an earlier post), I received an email from the prosecutor informing they have received my letter and my case will be reviewed further over the next few days. After there will be writing after review was completed.

 

2) Shortly after this email ((1 -2 weeks) I received in post TFL's review on my situation and their decision. Although there was sufficient evidence available to continue their prosecution, they considered my mitigating circumstances and have decided that a Formal Warning will be suitable for the situation. It then led on by asking me to pay a disclosed amount within 28 days otherwise legal action will continue. There are a list of points listed printed on the back of the letter which states the conditions of withdrawal.

 

The payment process was simple and very quick over the phone. It was an automated service between the TFL staff and my phone. Only information exchanged was case number and they were able to pull up all the information needed on their side. After payment your receipt will be sent over to your phone and to your email provided in your case number (if applicable). I then scanned in a copy of the letter with my signature on the footer agreeing to all conditions of withdrawal. The scanned letter + receipt of payment was then sent over to the same email address provided in my "Case of Events" letter as confirmation of my payment and agreement to the conditions. I am not sure if there is anything to follow after this point, whether it will be a confirmation of received payment + conditions of withdrawal letter but will update this post if anything does.

 

And that's all in my case.

 

I just want to thank everyone on this forum for their insight and advice - not only for myself but for all the other people facing their cases. 

My advice to everyone out there is please do respect all your transportation guidelines. I have learnt and fully understand that my actions were extremely bad and still am facing some of the consequences from it. Lesson learnt for the long run. I want to say that I was very fortunate in my case.

 

TLDR: My case ended in a Formal Warning being issued upon full payment of a disclosed amount.

 

If you guys do have any questions regarding my case I'll be happy to answer anything which is deemed reasonable.

 

 

[dx100uk]

brilliant result well done..

 

so did they get you for multiple uses or dropped that and you just had 1 example misuse to pay?

 

dx

 

[BlueBulb]

Thank you DX for your help and advice through this thread.

It is definitely a very appreciated and fortunate result on my case. Extremely thankful. Definitely a lesson never to be repeated.

I believe they asked me to pay for multiple uses as the disclosed amount was quite high (although nothing was stated in detail on the letter).

[dx100uk]

So in a way they've just re hashed the ooc system and renamed it.

 

Unless your circs were very exceptional..  well-done again 

 

Dx

[BlueBulb]

I believe so. 

 

There was no mentioned of Out of Court settlement. Just "Formal Warning" and "Conditions of Withdrawal" was used in the letter. 

 

I would like to think that honesty and true understanding over your actions is what allowed me to get this decision. Everything that was written in my "Case of Events" above was sent to TFL (albeit with some tweaks as I am pretty sure some may have just copy+pasted my letter as there were a few cases of misuse during my thread). All I can say is it is a difficult situation but handle with ownership and honesty.

 

I can not say what lead to their decision but all I know is that I am extremely thankful (and fortunate) that it has been resolved in this manner. 

 

I will still be here in case there are any questions which I can help out with.

[PDX]

On 28/04/2022 at 18:23, BlueBulb said:

I believe so. 

 

There was no mentioned of Out of Court settlement. Just "Formal Warning" and "Conditions of Withdrawal" was used in the letter. 

 

I would like to think that honesty and true understanding over your actions is what allowed me to get this decision. Everything that was written in my "Case of Events" above was sent to TFL (albeit with some tweaks as I am pretty sure some may have just copy+pasted my letter as there were a few cases of misuse during my thread). All I can say is it is a difficult situation but handle with ownership and honesty.

 

I can not say what lead to their decision but all I know is that I am extremely thankful (and fortunate) that it has been resolved in this manner. 

 

I will still be here in case there are any questions which I can help out with.

Hi BlueBulb, I am in a similar situation.

 

I sent the letter to them 3 weeks ago with all the mitigating circumstances but haven’t heard anything back. Do you suggest anything else?

[BazzaS]

PDX’s existing thread about them being stopped (38 misuses)
 

https://www.consumeractiongroup.co.uk/topic/447987-freedom-pass-misuse/#comment-5162711

(saves anyone having to say “start your own thread”!)

Edited May 2, 2022 by BazzaS

[melissard]

On 28/04/2022 at 18:23, BlueBulb said:

I believe so. 

 

There was no mentioned of Out of Court settlement. Just "Formal Warning" and "Conditions of Withdrawal" was used in the letter. 

 

I would like to think that honesty and true understanding over your actions is what allowed me to get this decision. Everything that was written in my "Case of Events" above was sent to TFL (albeit with some tweaks as I am pretty sure some may have just copy+pasted my letter as there were a few cases of misuse during my thread). All I can say is it is a difficult situation but handle with ownership and honesty.

 

I can not say what lead to their decision but all I know is that I am extremely thankful (and fortunate) that it has been resolved in this manner. 

 

I will still be here in case there are any questions which I can help out with.

 Did you get an email or letter from them after you made the payment and sent the signed agreement?

[dx100uk]

@melissard

 

you have been asked before to create your own topic by hitting create or + in the top red banner

and not to hi-jack other users topic which you have replied to that you would not.

 

you need to create your own topic please

 

dx