My mom got caught using freedom pass

[hathley]

Hi! My mom got caught using my aunt's freedom pass last Thursday (Jan 26th). We received the tfl letter on Saturday (Jan 28th). I am helping her write the reply back to tfl because she doesn't really speak English but I just have a few questions I was hoping someone can answer. 

 

The background of the story is my aunt came to stay with us for a couple of days last week and she gave her freedom pass to my mom for her to use. According to my mom, she's only been using it for the past week or so. She was caught immediately after tapping in at our local station and because she doesn't really speak English, she had to call me and had the tfl guy explain the situation by phone. The guy told me that my mom was using someone else's freedom pass and it was a criminal offense so a letter from tfl will arrive with instructions on what to do next. The freedom pass was then confiscated and he noted down my mom's name and address from her drivers license. 

 

I have browsed through a few of the previous forums regarding this topic and have written the following reply:
 

Dear TFL Investigations Appeals and Prosecution Team,

 

Hope this letter finds you well.

 

My name is ----- and my TFL case number is ------.

 

Thank you for giving me this opportunity to write to you.

 

First of all, I want to note that I am having my daughter, -----, help me draft and translate this letter as English is not my first language. Just to clarify, she is only helping me translate my words and will not be representing me on any legal front.

 

Second of all, I want to take this opportunity to thank TFL for giving me this chance to explain my behavior and apologize for the offense I have committed on Thursday January 26^th.  I understand now the severity of this incident and I am deeply deeply remorseful of my actions.

 

I honestly have no one else to blame but myself for what I have done. I hope I can use this chance to explain my actions and how a prosecution would leave me in a very difficult and distressing situation.

 

To give you a brief background, I came in possessive of the freedom pass when my relative (the owner) came to celebrate Chinese New Year’s with us and she consequently stayed over at my house for a few days. During which she gave me her pass to use when I was on my way to buy grocery. I was immediately approached by a TFL member when I tapped in at our local station and when he asked me which card I used I gave him the pass. As I struggled to understand him due to my limited English, I had him call my daughter so she could explain the situation to me.

 

I was appalled and so ashamed when my daughter told to me just how serious of an offense I have committed – where it could leave a criminal record on my system. Please understand I am in no way passing on blame or trying to diminish my actions simply because “I didn’t know”. No, it is entirely my fault and my responsibility to know and be better.

 

My actions are inexcusable; especially during a time when the sector is striking due to limited funding and when people’s livelihoods are at stake. I apologize for taking advantage of the scheme that is meant to help those in need and those who are vulnerable in today’s society. I had no right to use it and had breached the public trust.

 

I only hope that in explaining my situation I can be given the chance to make amends.

 

I am 57 years old this year and I have been in the UK for more than a decade. During my time here I have never been in trouble with the law (please see attached “DBS Check”) and have always paid my TFL fares. Please see attached copies of my bank statements from October 2022 to January 2023 and all the TFL transactions I have made. Since this incident I have also bought a monthly pass for TFL (Please see attached “TFL Monthly Pass”) and will continue to do so in the future.

 

Additionally, I am currently residing in the UK with my husband and children on a spouse visa (Please see attached “Visa”). My husband and kids are all British and I am in the process of applying for my British citizenship (of which was previously delayed due to Covid and bereavement of my father which prompted me to visit China for a few months). A criminal conviction on my system would be noted against me by the Home Office (on account of their “good character” requirement for becoming British) and increase the chances of my application being rejected. If rejected, I will need to leave my family and the life I’ve built here.

 

I am absolutely terrified at the prospect of leaving my kids, even more so because I know this was all due to my own fault. In explaining my situation, I only hope it can provide a better understanding of the impact a prosecution would have on my immigration status and family. I understand TFL have their own procedures and fairness policies and I wish to uphold that.

 

Please let me know the unpaid fares and any incurred costs that my actions have caused and I will make the payments immediately. I hope I will be given the opportunity to make amends and once again, I would like to apologize for my offense and to those I have affected.

 

Do let me know if you require further information from me.

 

Sincerely,

------

Could you please let me know if this will suffice?

 

I'm also not sure if I should be including her previous travel history or go into too much background details. 

 

Please let me know if I am missing anything major points to raise or documents to include.  

[honeybee13]

Hello, welcome to CAG.

 

One small point - you're using some American spellings. In UK English, it's offence, behaviour and apologise. And I would leave out your first sentence, then put the case reference as the heading of the letter. If TfL haven't used your mother's name in their heading, you don't need to.

 

I'd say the letter is too long, we normally recommend it covers one side of A4. How long is yours at the moment?

 

See what others think about mentioning the visa situation because it begs the question 'if British citizenship is so important, why risk using the pass in the first place?'. [As an aside, if your mother can't have a conversation with a ticket inspector, is she going to pass the language test?]

 

Also, if you mention that your aunt offered the pass she could be in trouble too as TfL are entitled to withdraw the pass. Let's see what others think about that.

 

I expect other people will be along over the course of the day to advise.

 

Best, HB

[hathley]

Hi HB, 

 

Thank you for your reply. 

 

I've corrected the spelling now and removed my mom's name from the letter. 

 

The letter is currently 1.5 pages long, I will aim to decrease it to 1 page. Do you think I should reduce the section on the background information?

 

I understand the concern regarding the visa situation however, I think mentioning it should be better as it gives the bigger picture. But I will wait until the others have replied with their opinions before sending it off. [My mother can understand basic English and get by in her day to day but on the day the TFL staff was using words like "offence", "prosecution", "court processing", hence she struggled to comprehend.]

 

Regarding the point on my aunt, is it better to rephrase the sentence to:
To give you a brief background, I came in possessive of the freedom pass when my relative (the owner) came to celebrate Chinese New Year’s with us and she consequently stayed over at my house for a few days. During her stay with us, I took her pass with me on my way to buy grocery. 

 

Additionally, I forgot to say I tried to request for the DBS Check online but the system is down at the moment. Can I send the letter first and provide the DBS Check once it's available? I don't know when the system will be back and how long it will take to arrive. 

Edited January 30, 2023 by hathley