Used husbands monthly ticket. I know it's all my fault

[dumb]

On 10th Nov, I got caught using my husband's monthly ticket travelling from Kings cross to Welwyn Garden City, travelling on capital connect.
I reached the Welwyn Garden City station, the barrier was very crowded. I approached the ticket officer and showed him the ticket, at which point he ask for my photocard which I showed him. He looked at it and ask if I've got another photocard and I said yes (I had ask my husband to get me a new one wit my married name and presume it was at home but turned out he hasn't done it). I told him it was at home and he said that The photocard number has to match the ticket number and this card didn't belong to me. I panicked and was scared and told him that my husband got me the monthly ticket. At this point things spiralled out of hand as I had lied and I didn't know what to do but to keep the story up.
I also had an October monthly ticket in the wallet which he confiscated. His question he wrote on his little book were:
• Have I travelled on the november ticket most of the day in that month
• Have I travelled on the October ticket most of the day in that month
To which I answered yes (As I had lied that my husband got me those tickets).
He also asked me if had enough money to pay for todays fee. I said yes.
He said my husband and I may have been using the same ticket and avoided paying for 2 tickets, and I said to him that my husband works days. Then he asked me where he work and I told him he worked in Waltham Cross (his last work place, he infact work in London now). He has confiscated the December ticket too.

I co-operated with him the whole time I was there. I gave my address and date of birth and showed him prove of identity on 2-3 occasions.

He also filled in an official form and said he will get it done tonight and said I will hear form them and need to prove that only one person is using these tickets so I need to prove my husband don't use it.

The truth was I had used my husband ticket not knowing it's not tranferable. I usually travel to London by car and then take the tube (I have oyster record to prove) but because there was something wrong with the car, I had used it once in october and twice in november until it was fixed ( I have receipt of the repair).

I have never in my life been in trouble before, I guess I didn't know how to react when I was confronted.
I am regretting everything I've said and done and wished I told the truth.

I would like to know
1. when the letter from them arrive, should I owe up and tell them the truth and said that I was shocked and panicked, that's why I made a story up.
2. I'm willing to pay any penalty fee, but do not wish to go to court or have a criminal record. Is that possible?
3. Do think I need a solicitor to act on my behalf?
4. Is there anything I can do to minimise the impact of my stupidity for now?

 

[trentside]

So, to clarify, you've told them that you've used the ticket to travel every day for the past month, when in fact you'd only used the ticket to travel on the day you were stopped, plus one or two more? If that is the case, you've likely worked yourself into a worse situation than you were already in.

I'm not convinced that you didn't know the ticket was non-transferable - the fact that you knew you required a photocard to use it points to the fact that you knew what you were trying to do. I certainly think that is how Great Northern (not First Capital Connect anymore) will view it. You may also find that your husband is contacted in relation to this case.

You ask about avoiding court - it should be possible to offer an out of court settlement, but not until the letter arrives from GN. I'd expect this to be a fairly high figure in this case, providing they accept an offer at all. I'm sure other members will be along soon to add further advice on this.

 

[Abpj17]

Why did you have the monthly tickets for October and December on you if you usually drive/take tube?

 

[island]

Monthly and longer tickets are recorded on a database against the purchaser's name so they will quickly catch up with the facts.

My main suggestion to you is to tell the 100% honest unvarnished truth from here on in. Stop trying to build lies on more lies as it will work out worse.

It also is another (bad) reason to use ticket gates rather than bothering the attendant.

 

[dumb]

Why did you have the monthly tickets for October and December on you if you usually drive/take tube?

I used the train 3 times. one in end October (last day before it expires and it was in the wallet). Then twice in November (the ticket expire 3rd Dec)

 

[dumb]

Monthly and longer tickets are recorded on a database against the purchaser's name so they will quickly catch up with the facts.

My main suggestion to you is to tell the 100% honest unvarnished truth from here on in. Stop trying to build lies on more lies as it will work out worse.

It also is another (bad) reason to use ticket gates rather than bothering the attendant.

I didn't use the ticket gate. I voluntarily went over to the attendant to show him the ticket in order to get out. If I was intentionally dodging a fee, I would try my very best to avoid showing my ticket to anyone. Anyhow, it is my fault for being so ignorant and stupidity for lying.

Do you think it's likely to end with a court summon, fine and criminal record??

 

[dumb]

Why did you have the monthly tickets for October and December on you if you usually drive/take tube?

My husband had a few days off, so he said, I could use his ticket

 

[dumb]

So, to clarify, you've told them that you've used the ticket to travel every day for the past month, when in fact you'd only used the ticket to travel on the day you were stopped, plus one or two more? If that is the case, you've likely worked yourself into a worse situation than you were already in.

Yes, exactly. And I know I have made matters worse. I don't know how to rectify my stupidity.

I'm not convinced that you didn't know the ticket was non-transferable - the fact that you knew you required a photocard to use it points to the fact that you knew what you were trying to do. I certainly think that is how Great Northern (not First Capital Connect anymore) will view it. You may also find that your husband is contacted in relation to this case.

You ask about avoiding court - it should be possible to offer an out of court settlement, but not until the letter arrives from GN. I'd expect this to be a fairly high figure in this case, providing they accept an offer at all. I'm sure other members will be along soon to add further advice on this.

I know what you mean and I don't dispute that others will view it that way with the non-tranferables. I'm just dumb and it's an oversight.
Do you suggest I seek help from a solicitor now?
I know I've done wrong and is very frustrated with myself for acting like this. I'm willing to pay whatever penalty they suggest.

 

[jon0844]

Don't monthly tickets also need a signature and name to be written at the bottom like a Gold Card?

 

[dumb]

Don't monthly tickets also need a signature and name to be written at the bottom like a Gold Card?

No, not the ones I had

 

[Via Bank]

Don't monthly tickets also need a signature and name to be written at the bottom like a Gold Card?

Nope. Monthly tickets will, however, have the photocard number on them, and mine has the words "Issued only for use by Mr V Bank" printed at the bottom.

 

[trentside]

I know what you mean and I don't dispute that others will view it that way with the non-tranferables. I'm just dumb and it's an oversight.
Do you suggest I seek help from a solicitor now?
I know I've done wrong and is very frustrated with myself for acting like this. I'm willing to pay whatever penalty they suggest.

I think it would be premature to seek advice from a solicitor at this stage.

Await the letter from Great Northern and then return here and we will offer suitable advice. Until we know what route the company intend to take it is difficult to offer further advice.

 

[Fare-Cop]

My husband had a few days off, so he said, I could use his ticket

When you were interviewed by the inspector, did you tell him that and did he write that comment in his notes before he asked you to sign them?

 

[dumb]

No I didn't. Does it make a difference?
Although that was the truth, I was so scared and panicky and didn't think straight, I tried to cover up why I was using my husbands ticket, when he said I couldn't use his ticket as it's not transferable. I am an honest person most of my life, but this time round I acted out of character, and I know there is no one to blame apart from myself and should be punished as at the end of the day I did travel without a valid ticket, but I'm really hoping I could settle this out of court and not get a criminal record. Would I have to go to prison for something like this?

 

[Flamingo]

Prison won't happen, worst case is a court appearance, fine & compensation to the railway for journeys made (as estimated by the prosecution dept). I'd start saving, as either way you are going to get stung a fair few hundred pounds.

 

[dumb]

Can I just also ask, is it worth ringing the prosecution department now to owe up to the truth before they write to me? Will that make any difference?

 

[trentside]

Can I just also ask, is it worth ringing the prosecution department now to owe up to the truth before they write to me? Will that make any difference?

Not if you are prone to these flights of fancy when you're having difficult conversations. If you can't rely on yourself to tell the truth, then I'd wait for the letter - as you can put the truth in writing, and we'd be happy to proof read it for you.

 

[455driver]

I would like to know
1. when the letter from them arrive, should I owe up and tell them the truth and said that I was shocked and panicked, that's why I made a story up.

They have heard all the excuses before and it always strikes me as odd that seemingly intelligent, honest people suddenly and completely out of character start lying their rear ends off when they are caught doing something they shouldnt, heaven forbid what you would say if you were caught speeding!

2. I'm willing to pay any penalty fee, but do not wish to go to court or have a criminal record. Is that possible?

Not up to you, that is entirely up to the prosecution department, you had the chance to be truthful but decided to dig a much deeper hole for yourself.

3. Do think I need a solicitor to act on my behalf?

Not really, it would be a waste of money as they have enough evidence against you, plus the fact you would have to admit to being a liar rendering anything else you say (with the benefit of hindsight and time to think up a better story) rather less reliable.

4. Is there anything I can do to minimise the impact of my stupidity for now?

You had that option when you gave your statement (which is a legally binding document) and should have been honest then.
--- old post above --- --- new post below ---

Can I just also ask, is it worth ringing the prosecution department now to owe up to the truth before they write to me? Will that make any difference?

Wouldnt make any difference (it would just make you look desperate), there are procedures to go through and it will take as long as it takes.



Just a thought and not really relevant but can I ask a question please!
Do you have children?
If you do (or if you are thinking of having children in the future), how would you feel if they were as quick as you were to lie and make up a story if you caught them doing something wrong?

 

[furlong]

Don't be surprised if they want to ask your husband questions too.

If you are caught continuing to lie, prison shouldn't be ruled out - look up 'Vicky Price' on wikipedia for an extreme example.

A cover-up can be a significantly worse offence than the original offences.

 

[maniacmartin]

I'm confused by the initial account.

Do you also have a photocard in your own name and picture (but a different photocard number from your husbands, which was the one that matches the ticket)?

If so, then it is pretty obvious to the train company that you got the photocard in advance so you could share the season ticket, and knew full well what you were up to.

 

[reb0118]

Do you also have a photocard in your own name and picture

Good call! That would certainly get my hackles up. Why would someone go to the trouble to use their own photcard with someone else's season ticket if they though that that season ticket was transferable?

 

[Clip]

Good call! That would certainly get my hackles up. Why would someone go to the trouble to use their own photcard with someone else's season ticket if they though that that season ticket was transferable?

Because the blurb states that its valid with a photocard so without reading on they may think that means any photocard not a matching one

 

[Greenback]

I've moved the discussion about the wording on the photocards to a new thread:

http://www.railforums.co.uk/showthread.php?t=108319

 

[dumb]

Please Help!!
Today I've finally received the letter from the prosecution department.
The letter headed : Notice of intention to prosecute.
It says I have 21 days to my side of the story.
The detail of the offence is : Entering a train for the purpose of travelling without a ticket entitling travel.
I'm really confuse how I should approach this. Can anyone give any advise?
It gives a list of penalty for the offence which includes: criminal record, £1000 fine, prison sentence, community service etc.etc.
Will it really come to an prison sentence?

 

[DaveNewcastle]

I'm really confuse how I should approach this. Can anyone give any advise?

Yes.
Tell the truth.

If the truth is inconsistent with what you told the Inspector on the day when you were stopped and interviewed, then be very clear about your reason for telling two versions of events.

If you feel any remorse over your repeated use of someone else's ticket, then I'd advise you to express it.
If you have learned anything as a result of the Investigation, then I'd advise you say what that is.

It gives a list of penalty for the offence which includes: criminal record, £1000 fine, prison sentence, community service etc.etc.
Will it really come to an prison sentence?

Flamingo has already stated that prison will not be considered for a first time offence. The same applies to the fine £1000. Fines are calculated on a number of factors but for this incident if it was a single offence, are typically between £100 - £200. Because you have admitted to useingt he ticket fraudulently on a few occassions, the fine might easily be double that.
Plus costs, the payment of the unpaid fares and Victim Surcharge.

 

[dumb]

Sorry for being ignorant but what is a victim surcharge?? Does that account as a criminal record?

 

[bb21]

Sorry for being ignorant but what is a victim surcharge?? Does that account as a criminal record?

http://sentencingcouncil.judiciary.gov.uk/sentencing/victim-surcharge.htm

It pays into a pot of money which is used to fund victim services.

 

[mikeg]

The detail of the offence is : Entering a train for the purpose of travelling without a ticket entitling travel.

Is it just me or is that the wording from the byelaws? If it is a byelaw prosecution you won'thave to worry about a ccriminal record and certainly not prison. It still might be worth your while to settle the matter out of court.

 

[bb21]

That sounds like the RoRA to me, although I am open to correction.

Edit:

I was wrong it seems.

 

[Greenback]

I'd be surprised if the TOC went for a byelaw prosecution in these kind of circumstances.