Misuse of Freedom Pass - 1st Letter received and running out of time

[CinamonSpice]

Dear CAG Members,

I've stumbled onto this forum following Google searches following receiving a letter from TFL of my stupidity of using my Partner's Freedom Pass. I've read through some threads on here and I couldn't find anything similar to my case and would appreciate if you could guide me on what to do next. The main goal is not to get a criminal record. I work in the Financial Industry as an admin staff in The City. 

There's no excuses for my actions and I was stopped last Thursday 25th January 2024 for misusing his Freedom Pass. I only received the letter on Tuesday 30th, and aware that I have 10 days to respond, to which my time is running out. (Letter dated 26th)

I Googled and reached out to a Solicitors firm yesterday, Thursday 1st February, I am about to pay the fee for an initial consultation, I am awaiting from them to tell me how to make payment. This is before finding this forum, CAG, yesterday evening.

They have said in their email, with cases like mine, they would estimate at this stage that the likely chance of success settling the matter outside of court would be approx 30%. They said they've had successful cases in the past.

I would like ask if you guys think it's advisable to use their service. (£360 inc VAT for the initial meeting, and then £960 inc VAT for them to write to TFL on my behalf with full mitigation to ask for an out of Court settlement. They would liaise with the prosecutor dealing with my case directly and proactively chase for a response and decision)

Or would it be advisable to write something in my own words, like others have done so on this forum. I am not good at writing letters in my own words and not sure what should be said or not said in the response.

I said to the officer that I was pressured in using the Freedom Pass as he doesn't make much use out of it and drives most the time. He thought he was doing the right thing and a favour for me. (How naïve was I. I am many years younger than him). This is when I learnt that the Freedom Pass cost £25,000 per person which the Local Authority pays to TFL. If I had known about this and the value of the card, I wouldn't have done this despite him insisting as it's abuse and affects those people who genuinely who does needs this Freedom Pass due to vulnerability and disability.

My partner says it a load of nonsense and that he has never been stopped when using his Freedom Pass when we go out together. With his constant pressure and insistence that I should make use of his Freedom Pass, I was naïve and didn't know the consequences and seriousness of the crime committed.

I think I said to the officer I use it on and off. But it was only the past month (January) if I recall. As I know it's no excuses, the reason was the cost of everything going up our rent has increased by £200, never mind the rest. This is where I have made a bad judgement and was blindsided due to cost of living increasing and worry.

As I've read on other threads, they have the ability to check the Freedom Pass history. So they would see some uses. Would it be advisable to say I've used a couple of times instead of lying? I think I read on another thread that be truthful from the start before they look into anything else/deeper. (They have confiscated the Freedom Pass as evidence)

I am ashamed of myself and being so naïve, and if I had known this is a criminal offence, I wouldn't have done so and jeopardise my job and career. 

I have been feeling awful and sick to my stomach with worry and anxiety and I cannot sleep.

Thank you for taking the time to read my post. It would be greatly appreciated if you can advice what I should do next? Do I proceed in using solicitors or not? I need to make decisions in the next few hours to use solicitors or not as the 10th day is Sunday 4th February I think? (Letter dated 26th January)

 

[honeybee13]

Hello, welcome to CAG.

Could we see the letter that TfL sent you please? That will help us to advise you. Pdf is best and make sure to cover up your personal details.

Best, HB

[CinamonSpice]

Dear HB,

Thank you, and thank you for your reply.

Please see attached Pdf, I hope I've censored the personal details correctly.

Many thanks in advance

TFL 26.01.2024 (Censored).pdf

[honeybee13]

That's quite a vague description, 'an offence'. When they say the facts of the incident are being considered, this could include them going back over the journey history as you say.

If you're going to write to them, I think we'll probably suggest that you refer to the incident you were stopped for but avoid telling them anything about other uses of the card.

Hopefully @dx100uk will be along later today with his views.

It's hard to advise on whether to pay the lawyer, especially as you already have a call booked for today. I suppose you could have the initial call and decide after that? This is a decision only you can make.

HB

[CinamonSpice]

Thank you for your reply. Isn't that just a standard letter template that they issue out to everyone who they've stopped? 

Do you advise not to mention the previous uses (not many I believe), despite they can, or will check and analyse the card? 

As for the lawyer, nothing has in booked in just get as I have not made the initial payment to have  Microsoft Teams call. 

A friend suggested that I should call up TFL, speak to the 'Compliance Policing Operations and Security' department and admit liability and ask to my case to be settled outside of Court and pay what is required. Can I ask if his suggestion is silly?

[BankFodder]

I certainly wouldn't start going to a solicitor – especially as it seems they're not even going to see you personally. It's simply an online interview. At the kind of money that you have apparently been quoted, it's getting pretty close to a scam.

If you feel that we are any help to you then even 10% of that as a donation would be quite incredible.

The best thing to do is to make a clean breast of it – but I see that in your post you have started laying a lot of the blame on your partner and the pressure he has put you under.
This won't create a good impression with anybody. You need to be straight dealing and honest. It may be naïveté but it's your responsibility and the best thing to do is just be very honest, apologise, point out that it isn't something that has happened very often but make sure that you accept that it was completely your fault and you have learnt the lesson.
Broadly that kind of approach.

If you start trying to push the blame onto somebody else then it will tend to mitigate against you.

[honeybee13]

Regarding your suggestion of ringing TfL's prosecutions department, I don't know if it's possible any more. I got the impression they're only dealing by post or email, but it's worth a try if you can get hold of a number.

I agree with BF about the sob story, they will have heard it all before.

In terms of what to say, we normally recommend not volunteering information that isn't mentioned in their letter; you aren't obliged to incriminate yourself.

HB

[CinamonSpice]

Thank you for the response, BankFodder and HB.

My partner and my friend has urged me not to get solicitors involved due to their expensive fees. They are a business and at the end of the day. I understand this. My thinking is that I don't know what to do, say in the letter, so my options were solicitors.

As you kindly pointed out, in my potential letter I should not put blame on my partner. I just have to admit I'm guilty? (Is that the right word to use?) / at fault and that I have done wrong, no excuses whatsoever and learnt my lesson and it will certainly never happen again. Would you know what is the likelihood that they will not give me a criminal record?

With the right guidance and advice from this forum, and avoiding big solicitors bill, I am willing to pay forward to this forum, to those who taken the time to help, and to future members who will benefit. 

Silly question, what would be the disadvantage of completing that form, or emailing them back, saying I select answer 2. "If you accept committing an offence" and provide nothing else? I thought about doing this once I received the letter initially. Because I know I have done wrong and there's no argument to this.

Is this the best time to write an heartfelt apology letter admitting what I've done is wrong?


HB - Thank you for another reply.

Noted. No sob stories. They've seen it all. 

As for information, do I simply refer to this specific incident? What is the likelihood they will take the time to check previous tappings on the machines made from that card? I assume it's very easy for them to load up a Freedom Pass transaction history? 

Thank you all

[honeybee13]

While we're waiting for dx to post, you should also be able to check the history of the Freedom pass online. It would be helpful for you to know how many uses you made of it.

HB

[FTMDave]

There are no guarantees, but we have had multiple out of court settlements here where people have used others' passes for weeks & weeks - not the once or twice that you have done.

Yes, HB is right, please be up front about how many uses you have made of it.

[Grotesque]

Dear CAG Members,

I've stumbled onto this forum following Google searches following receiving a letter from TFL of my stupidity of using my Partner's Freedom Pass.

Multiple other cases, e.g. here, here, here, here and and here. They're still worth looking over, if only to familiarise yourself with TfL's approach. As you say, every case is different.

 

There's no excuses for my actions

Fundamental. The main thing TfL want to hear. Prioritise this. First sentence.

These passes are issued on a condition of trust; there's no absolute entitlement, which is why TfL treat it so much more strictly that an 'ordinary' misuse of ticket.

I Googled and reached out to a Solicitors firm yesterday, Thursday 1st February, I am about to pay the fee for an initial consultation

Do not use a solicitor. If you happen to win with them, you will have to pay. If, as might be more likely, you lose, then you will still have to pay them on top of everything else.

They have said in their email, with cases like mine, they would estimate at this stage that the likely chance of success settling the matter outside of court would be approx 30%. They said they've had successful cases in the past.

I would decline a bet if offered those odds. CAG has also had multiple ‘successes’ (although this is where it gets painful: defining a success).

I would like ask if you guys think it's advisable to use their service. (£360 inc VAT for the initial meeting, and then £960 inc VAT for them to write to TFL on my behalf with full mitigation to ask for an out of Court settlement. They would liaise with the prosecutor dealing with my case directly and proactively chase for a response and decision)

Sounds impressive. But no. TfL would rather deal with you personally, as the letter intimates. If they have to deal with a solicitor, they will up their own costs.

Or would it be advisable to write something in my own words, like others have done so on this forum. I am not good at writing letters in my own words and not sure what should be said or not said in the response.

Yes. We can advise, although the result has to be in your own words.

I said to the officer that I was pressured in using the Freedom Pass as he doesn't make much use out of it and drives most the time. He thought he was doing the right thing and a favour for me. (How naive was I. I am many years younger than him).

This is a little confusing. Who, or how were you pressured?

So your OH willingly allowed you to use the pass? This is unfortunate.

This is when I learnt that the Freedom Pass cost £25,000 per person which the Local Authority pays to TFL.

Excellent research, and true. Emphasise this to TfL. It demonstrates not only that you ‘know it’s wrong’, in broad terms, but precisely why, in figures.

despite him insisting as it's abuse and affects those people who genuinely who does needs this Freedom Pass due to vulnerability and disability.

Again, I’m afraid this is confusing. Who is he blaming and for what?

My partner says it a load of nonsense and that he has never been stopped when using his Freedom Pass when we go out together.

He wouldn’t! (As long as it wasn’t before 09:30, Mon-Fri!)

With his constant pressure and insistence that I should make use of his Freedom Pass, I was naive and didn't know the consequences and severity of the crime committed.

TfL will not be moved by his pressuring you, unfortunately.

I think I said to the officer I use it on and off. But it was only the past month (January) if I recall. As I know it's no excuses, the reason was the cost of everything going up our rent has increased by £200, nevermind the rest. This is where I have made a bad judgement and was blindsided due to cost of living increasing and worry.

True, but they know about the cost of living crisis. Cut this for brevity's sake.

As I've read on other threads, they have the ability to check the Freedom Pass history. So they would see some uses. Would it be advisable to say I've used a couple of times instead of lying? I think I read on another thread that be truthful from the start before they look into anything else/deeper. (They have confiscated the Freedom Pass as evidence)

Do not lie. There is likewise no need to volunteer the information. But in answer, yes, they can view the history of the card’s usage back to its original issue.

I am ashamed of myself and being so naïve, and if I had known this is a criminal offence, I wouldn't have done so and jeopardise my job and career. 

Cut the second half of this sentence. No harm in being naïve, etc., but the rest could be interpreted as only regretting your actions having been caught.

I have been feeling awful and sick to my stomach with worry and anxiety, and I cannot sleep.

Nothing wrong with the truth.

Thank you for taking the time to read my post. It would be greatly appreciated if you can advice what I should do next? Do I proceed in using solicitors or not? I need to make decisions in the next few hours to use solicitors or not as the 10th day is Sunday 4th February I think? (Letter dated 26th January)

Repeat: No.

So to clarify the main points.

Don’t lie. They have a record of every time it’s been used. Don’t volunteer information either, as you are under what is effectively a police caution (your ‘Miranda rights’, as it were). Be honest. They will find that convincing.

Which leads to the next point. TfL doesn’t mind being convinced to drop a case if you can show them good cause as to why it is not in their interest to proceed. They have plenty of work; anything they can settle that allows them to move onto a more severe offence will almost certainly be accepted.

But they’re not desperate; if they think you need to go through the court to be convinced, then they will do so. You should accept that either result will cost you: TfL will still want unpaid fares settled, costs paid. Please offer to do so. Eagerly apologise for wasting people’s time. If you do need tickets for work, buy the/ If you can, go and buy a season tick right now. That will indicate you understand both the severity of the offence and what you should have done originally.

The tricky bit. It would be useful to know exactly what you told the Inspector re. your husband. If you mentioned him as often to TfL as you have done to us. There’s also a good chance they might withdraw the pass if they think he has intentionally misused (or allow to be misused) his pass. However, that’s probably another kettle of fish, and one which he's doubtless prepared for, as he will have read the T&Cs that the pass was issued with.

So: Regret. Apologies. Offer to pay all costs. Reassurances as to the future (buy that ticket!). Understanding of the magnitude of the offence (costing taxpayer money). Stick to the truth but do not tell them anything they don't already know. And, unlike me, don't waffle. Keep it tight. One side of A4 inc. headers etc.
 

Good luck CinnamonSpice!

 

 

 

[honeybee13]

Thank you Grotesque. 

Cinnamon, if you'd like to post up your proposed letter we'll help you refine it.

HB

[dx100uk]

there is never any need, other than lining their pockets & it costing people more money, to use a solicitor on any TfL fare Evasion Case.

if TfL were to look at the usage history. 

would they see a pattern in the last month you state you've used it?

dx

 

 

[CinamonSpice]

Thank you Grotesque, HB, dx100uk.

I have written my draft email.

Please could you have a look and give me any feedback? I went straight to the point.

I'm not going to mention my partner. Although I did say my partner/husband pressured/insisting me to use it to the officer. There's no point of mentioning it in my email/letter this as I know I was wrong to.

Quote

"if TfL were to look at the usage history. would they see a pattern in the last month you state you've used it? dx"

Dx, I would say maybe a bit. 

"Dear TFL,

There is no excuse for my actions (and behaviour?)

I am writing to you to say that I have been dishonest as I have used a Freedom Pass which is of high value and from this incident I realise and learnt that a Freedom Pass cost the Local Authority of £25,000 per year, per person, to issue these out to people who genuinely need this; the elderly, vulnerable and disabled in our society. What I have done is essentially costing Taxpayers' money and abused (their trust?) I am also a working taxpayer (with many years left to contribute?), so my actions are of extreme wrong doing and extreme stupidity.

I understand what I have done has caused the loss of revenue for TFL, which this affects all stakeholders associated, down to the platform staff (who are hard working people?). My actions is/are also a contributing factor to the increase in transport fares for all honest passengers as they have to pick up the shortfall and it is not fair to them and they shouldn't be covering the costs (every year?).

I deeply and wholeheartedly regret what I have done and I would like to sincerely apologise to TFL and all their employees (who provide us all a vital service?), the Local Authority, and most importantly to the Taxpayers and all honest paying passengers.

I will take this as an important life lesson learnt the hard way, and I reassure you that this will not happen again and will pay my fair share to the transport industry like all honest passengers who uses TFL's services.

I accept my actions and responsibilities where I am ashamed and embarrassed of myself and doings. I would (like to?) seek/ask to resolve this matter by paying back the loss of revenue is owed to TFL and any surcharges incurred, the fine for this committed offence and all other associated administration costs that is involved due to my actions has inflicted and dealing with the matter. Undoubtedly I have wasted TFL's time and resources and have affected your revenue income. 

Yours sincerely,
CinamonSpice "

 

[dx100uk]

1 hour ago, CinamonSpice said:

Dx, I would say maybe a bit. 

come on lets not have to pull teeth here...

if you travelled regularly, thus daily during the week and week on week during Jan to/from a specific place via a std route there will be one...

so...explain....

dx

 

[CinamonSpice]

Dx, for January, should be this pattern.

16/1 - Route B to A

18/1 - Route X to Y,  then Route E to A 

25/1 - Route X to Y, then to Station Z where this is where I was stopped

[honeybee13]

If I'm following this right, you're talking about four or five journeys and no return ones? Is this from the Freedom pass's online account?

Station names would make it easier to follow.

HB

[CinamonSpice]

HB, no, not from Freedom Pass account, I don't think he has an account. I will try and get access to see. I'm retracing my steps. 

16/1 - CST to SID 

18/1 - St Paul's to Oxford Circus, then CHX to SID 

25/1 - St Paul's to Oxford Circus, then Tottenham Court Road

[honeybee13]

It would be helpful for you to be able to access the card history online. That way you know what TfL know about the card use.

HB

[CinamonSpice]

HB, please could you tell me which website I should be looking on? I just managed to sign up on https://secure.freedompass.org/ and it shows he has a card and the application number, the registered address and expiry date. 

Screenshot_20240203_095546_Chrome.PDF

[honeybee13]

I don't know I'm afraid, I've never had a Freedom pass. I assumed the journey history would be with the other details.

Maybe someone else will know. 

HB

[CinamonSpice]

I'm pretty sure it's slightly different to normal oysters/contactless card, where the account holder cannot see travel history. Someone please correct me if I'm wrong.

And what are you thoughts on my draft letter/email above please? Thank you

[honeybee13]

You're right, the records for Freedom passes are different: According to this you can ask for your journey history.

/static/1/images/TFL_Linkinage01.png

FOI request detail - Transport for London

TFL.GOV.UK

---

FOI request detail

HB

[honeybee13]

I have a couple of comments on your letter. Make sure you put the case reference on it, in case their form and your letter get separated.

In your second and third paragraphs, I personally wouldn't leave in any of the bits in brackets.

Can you add anything else about having learned a lesson from this. What actions can you take to ensure you pay the fare in future like buying a season ticket or some other means to pay for your tickets.

The last paragraph, I would ask if they would allow you to pay the outstanding fares and their admin costs in order to reach an out of court settlement. Don't say 'fine' because only a court can impose that.

HB

 

[CinamonSpice]

HB, Thank you for your input. 

I was going to email them this, so in the body of the email I will note down my personal details and most importantly the case reference number. I was going to put my case reference number in the subject box. 

I will tweak my letter with your suggestions.

Would you be able to review it again please?