Freedom pass confiscated for evidence

[Amirhussein]

Hello,

I was entering the central london tube station gate with the freedom pass and then three non-uniformed TFL inspectors had asked me to show them my ticket. I mentioned I was in a rush and I showed them my bank card at first but they saw that I put the card in my right pocket and kept asking me to show them my actual card used. I eventually showed them the freedom pass since they threatened to cancel it completely and call police.

The TFL inspector asked for my ID and noted down my details and the details of the freedom pass. He asked me several questions. I am an EU national but have settled status in the UK and have lived in the UK for most of my life. He asked me if I consider the UK my country of origin, my employment status (I am on universal credit as I am a recent graduate looking for a job), he asked what degree I did. He also read me my rights. After asking me two questions, I had asked how many questions he had left and he said 3 to 4 questions, I said I was feeling unwell and did not want to continue the questioning.

The card was confiscated for evidence and I was told I would receive a letter soon where I would find out what happens and if I have to admit to guilt. I am really worried that this might lead to a criminal offence and affect my status in the UK as a EU Settled Status national. I urgently need advice and would like to know what is likely to happen and if I could avoid a criminal offence and instead just get fined if I say this is my first time using it and I have no criminal history in the past? Thank you very much!

 

[AndroidBango]

if I say this is my first time using it

Was it the first time? They will check the journey history, so lying is inadvisable.

 

[Mzzzs]

Transport for London considers the misuse of Freedom Passes a significant matter and the usual consequence is legal prosecution in the Magistrates Court based on TfL Bylaws.

You should be honest to avoid the matter becoming worse.

 

[Fawkes Cat]

if I could avoid a criminal offence and instead just get fined if I say this is my first time using it and I have no criminal history in the past?

I may be misinterpreting what you have written here, but if you are saying that you have done this before, but can you get away with saying that it's the first time, then the answer is 'no'. TfL are known to monitor suspected fare dodgers: if they have been doing that to you then they will know if this wasn't the first time.

And if you say something that TfL know not to be true, they will assume that everything else you have told them is a lie as well. More importantly, the court will think exactly the same and will find you guilty of everything that TfL charge you with

 

[spag23]

Has the OP advised the actual holder of the Freedom Pass? If they were complicit in letting someone else use it, there could be consequences for them, including the Card being permanently withdrawn.
Forum members are not allowed to give advice on Immigration issues, but (excellent) advice will follow soon on how best to deal with your responses to the upcoming letter from them.

 

[skyhigh]

The card was confiscated for evidence and I was told I would receive a letter soon where I would find out what happens and if I have to admit to guilt. I am really worried that this might lead to a criminal offence and affect my status in the UK as a EU Settled Status national. I urgently need advice and would like to know what is likely to happen and if I could avoid a criminal offence and instead just get fined if I say this is my first time using it and I have no criminal history in the past? Thank you very much!

As above, unfortunately TfL take Freedom Pass misuse seriously and will prosecute in the majority of cases. All you can do now is wait for the letter they send and then reply with an honest response based on the suggestions from other threads on here but you should be prepared for that outcome.

When you compose your reply you should be honest and do not lie. It's already likely that TfL will prosecute - being caught in a lie will just guarantee they will refuse to offer an out-of-court settlement.

It's probably worth noting nobody here is able to offer immigration advice and you should contact a professional for help with this aspect.

 

[island]

I am really worried that this might lead to a criminal offence and affect my status in the UK as a EU Settled Status national.

Unfortunately it's illegal for us to give you immigration advice; you need to contact a solicitor or other licensed professional for this.

I urgently need advice and would like to know what is likely to happen and if I could avoid a criminal offence and instead just get fined if I say this is my first time using it and I have no criminal history in the past? Thank you very much

It's a common misconception that you can "just get fined" and also "avoid a criminal offence". A fine occurs when you are convicted of a criminal offence. In this case there are multiple offences; TfL will likely charge you with being in a compulsory ticket area without possession of a valid ticket. You have no defence against this.

TfL will have access to details of when the pass has been used. If it is genuinely your first time using the pass this way, then say so. If it is actually just your first time getting caught, then I would advise strongly against telling lies.

But first off, you will get a letter asking for your version of events and once you have received that, please post it up (covering any personally identifiable information) and we can advise further.

 

[Hadders]

Welcome to the forum!

Transport for London take misue of Freedom Passes very seriously and proseuction in the Magistrates Court is almost always the outcome. What happes next is they will send you a Verification Letter asking you to confirm what happened and give any mitigating factors you want them to take into consideration when deciding how to proceed. It is important that you engage with and reply to this letter. The letter typically takes a couple of weeks to arrive.

I suggest you include the following in your reply:

- That you are sorry for what has happened
- What you have learned from the incident
- That you are keen to settle the matter without the need for court action
- Offer to pay the outstanding fare and the train company's administrative costs in dealing with the matter

Note also that where you mention simply paying a fine that only a court can impose a fine as a punishment following a conviction in court. What you really want is what is known as an out of court settlement. This is where you pay a sum of money in return for the court case being discontinued. Although paying a fine might feel like a fine it isn't and you won't have a criminal record as a result of paying one. Unfortunately TfL do not normally offer court of court settlements, especially where misue of a Freedom Pass is concerned.

Here's a link to TfL's Revenue Enforcement and Prosecutions Policy which I suggest you take a look at:

https://tfl.gov.uk/cdn/static/cms/documents/revenue-enforcement-and-prosecutions-policy.pdf