Stopped by TFL Investigator

[IcyDecision13]

Hi there everyone, I have read a few posts similar to my situation but would like to ask for any advice from anyone willing to give me your time.

I am a 21 year old graduate who was stopped by TFL investigators using my sister's pass at my local station. Looking through other posts and online it seems that a final warning is unlikely but has happened, though they were using an 11-15 ZIP for several months.

When asked I was compliant and did not lie about the pass being mine or refuse to hand it over. I've never broken the law and never wanted to but I find myself in this situation out of ignorance and stupidity. I want to be completely honest and sincere in the letter and pray whoever reads it understands I realise the severity of what I have done using her pass and that for the rest of my life will never even consider using it again, as well as the consequences this will have on my life if I gain a criminal record. I'm currently trying to find a career in renewable power generation as I studied engineering so am currently on Universal Credit. I'm just really scared and am praying I can pay whatever they want me to and live the rest of my life without this weighing down on me whenever I try to find a job or do a Master's degree. I remember what I said during the caution so if anyone would like to know specific answers to questions I can provide them for you.

Any advice would be incredibly appreciated and thank you in advance.

 

[Hadders]

Welcome to the forum!

Transport for London take misuse of Zip Oyster cards very seriously and a prosecution under the TfL Bylaws is the usual outcome. To be blunt I simply do not believe that you thoought a pass issued to a named individual and containing a photograph could be used by another family member so I suggest you don't use this line of defence with TfL.

As for what happens next TfL will send you a Verification Letter, normally within a couple of weeks. The letter will ask you to confirm or deny the incident and ask you to give any mitigating circumstances which you would like them to take into account when deciding how to proceed. Be aware that many TfL systems are currently impacted by a cyber security incident so it could take longer than normal for them to contact you.

I suggest you mention the following in your reply:

- That you are sorry for what has happened
- What you have learned from the incident
- Whether it would be possible to settle the matter without the need for court action
- Offer to pay the outstanding fare and TfL's administrative costs in dealing with the matter

TfL do not offer out of court settlements although in some very limited circumstances they have been known to issue a final warning instead of prosecution. Prosecutions are normally done through what is called a Single Justice Procedure Notice. This means that if you plead guilty it is not necessary to attend court in person (unless you choose to do), you simply return the form to the court with any mitigation you want them to tae into account and they will write to you with the details of the fine you have to pay.

If you are prosecuted and plead guilty (or are found guilty by the court) then you will have to pay:

- A fine based on your income
- A surcharge of 40% of the value of the fine
- A contribution towards TfL's costs
- Compensation for the fares avoided

If you are found guilty then this is a criminal conviction. If you are prosecuted under the TfL Bylaws (which is what normally happens) then the conviction isn't normally recorded on the Police National Computer and won't normally appear on Basic DBS checks. Ordinarily a conviction for a railway ticketing katter won't normally impact future career prospects although we always advise people to be honest when asked if they have a conviction.

Here's a link to TfL's Revenue Enforcement & Prosecutions Policy which you might find worth reading:

https://content.tfl.gov.uk/revenue-enforcement-and-prosecutions-policy.pdf

When the letter from TfL arrives post a copy of it in this thread *aith personal details redacted), along with your draft reply and forum members will be happy to proof read it for you.

 

[AlterEgo]

I am a 21 year old graduate who was stopped by TFL investigators using my sister's pass at my local station. I thought that as we were family I could use hers but they told me that is not the case

Was that really a surprise to you, an educated person? That a free pass for 11-15 year old children with the child's name and picture on couldn't be used by you, an adult who has to pay their fares?

What would give you the impression it could be used by you?

I remember what I said during the caution so if anyone would like to know specific answers to questions I can provide them for you.

Did you answer the inspector's questions? What did they ask, and what did you say in response? It is usually better to say nothing at all when caught doing something like this

 

[IcyDecision13]

I left it open ended because I was very scared but when I receive the letter I will not leave anything open like this.

 

[AlterEgo]

She is my age but suffers from mental disabilities. The questions relevant to my statement were "did you know that the Freedom Pass is only intended for use by the person holding the card" and I said "I know it's hers." I left it open ended because I was very scared but when I receive the letter I will not leave anything open like this.

Apologies, I conflated the example using an 11-15 card you gave in your post with the Freedom Pass. Yes, we are talking about a Freedom Pass here.

On what grounds did you think you were able to use someone else's pass, though? What gave you that impression? Why did you not simply tell the inspector with confidence that you were entitled to use it?

Due to the sheer idiocy of thinking I could use it myself I don't think I should mention that in the letter. She knew I was using the pass but told me I would be ok using it.

Don't mention that in your letter. Firstly, you did not tell the inspector you thought you were entitled to use her pass, so it does not help your defence to claim this now. Secondly it is not believable that you thought you were entitled to use it in the first place. It has her name and photo on it. Thirdly do not incriminate your sister, who is also a party to the offence.

Was the Freedom Pass confiscated? Your sister will have to reapply for it and should do that as soon as possible.