Evasion

[Jamesk]

i went into the station the other day using my brothers under 16 oyster card as i was really struggling financially and wasn’t getting paid till the following day.
I am a student and had to travel that day as I had an exam and I had missed previous days of college because I didn’t have the money to top up my own 18+ student oyster card.

After i tapped in, i was walking towards the platform until i was stopped by an inspector.
He suspected that i had a child oyster which he must of heard when i tapped in as it makes a different sound and i clearly didn't notice him standing there.

I panicked and showed him my own oyster student oyster card which obviously wasn't valid claiming that was the one I used.
I denied having the child oyster card as I panicked and thought my brother would also get into trouble.

He then called the community police officers who were at the other entrance to the station to search me which they did and nothing was found.
The inspector then took my details, cautioned me and asked me a few questions.

I am over 18 and this is my first offence and i have no previous convictions as i have always been on the good side of the law until this silly mistake.
This was the first time using my brothers oyster card.

I know that I should have been truthful and regret it but I just panicked and didn’t want my brother to also get into trouble for my mistake.
I did not realise that you could be prosecuted and given a criminal record for this which would just be disastrous for my future career hopes as I am a student with hopes of getting into dental school.

know that I don’t deserve any help on here but I was just in a desperate situation financially which is why I did this to begin with.
I have received a letter

asking for my version of events.
What shall I do from here and is there any chance to avoid court and conviction??

 

[gray1404]

So you at no point admitted to the fact you used someone elses Oyster card and when the community support officers searched you they did not find the card you used?

I am really surprised you were searched.

 

[najaB]

What shall I do from here and is there any chance to avoid court and conviction??

Has the paperwork come from TfL or from another train operating company (TOC)?

 

[JN114]

Your brother would only be in trouble if he was complicit in you having his Oyster - either you stole it from him, in which case you’re admitting to that offence as well - or he gave it to you, in which case he could potentially be in trouble as well. I’d suggest ensuring both your brother and your parents (as he is a minor) have some input before composing your reply.

All taps in/out of a gate are recorded, and while it’s usually a red herring on this board in this instance I’d suggest there’s very likely CCTV evidence of you passing through the gateline at a known time which they can cross-reference to a particular gate being opened with a child Oyster.

You’ve been asked for your version of events. Bearing the above two paragraphs in mind, reply honestly; show remorse and offer to pay any fares/penalties due. There is a chance they may show some leniency and accept your offer to settle. IF they do then don’t expect it to be cheap - high 2 or low 3 digit sums are the norm. If you’re struggling financially then engage with friends and family and tell them about your situation; see if they may be willing to help out if required.

Readers here are usually more than happy to proof-read correspondence.

But do not underestimate the seriousness of the offences you have admitted to here. Any company is well within their bounds to throw the book at you.

 

[Jamesk]

Has the paperwork come from TfL or from another train operating company (TOC)?

Yes it has and its asking for my version of events

 

[Jamesk]

Your brother would only be in trouble if he was complicit in you having his Oyster - either you stole it from him, in which case you’re admitting to that offence as well - or he gave it to you, in which case he could potentially be in trouble as well. I’d suggest ensuring both your brother and your parents (as he is a minor) have some input before composing your reply.

All taps in/out of a gate are recorded, and while it’s usually a red herring on this board in this instance I’d suggest there’s very likely CCTV evidence of you passing through the gateline at a known time which they can cross-reference to a particular gate being opened with a child Oyster.

You’ve been asked for your version of events. Bearing the above two paragraphs in mind, reply honestly; show remorse and offer to pay any fares/penalties due. There is a chance they may show some leniency and accept your offer to settle. IF they do then don’t expect it to be cheap - high 2 or low 3 digit sums are the norm. If you’re struggling financially then engage with friends and family and tell them about your situation; see if they may be willing to help out if required.

Readers here are usually more than happy to proof-read correspondence.

But do not underestimate the seriousness of the offences you have admitted to here. Any company is well within their bounds to throw the book at you.

Ok thanks for the advice, im a little confused as others have suggested that i shouldnt admit to using the oyster card as it wasnt found and i would just be incriminating myself by saying i did use it but i dont want to be more dishonest than and make things worse. They said that they wouldnt go to that much effort to look through cctv ect so im just confused

 

[Jamesk]

So you at no point admitted to the fact you used someone elses Oyster card and when the community support officers searched you they did not find the card you used?

I am really surprised you were searched.

Yes this is exactly what happened

 

[JN114]

Ok thanks for the advice, im a little confused as others have suggested that i shouldnt admit to using the oyster card as it wasnt found and i would just be incriminating myself by saying i did use it but i dont want to be more dishonest than and make things worse. They said that they wouldnt go to that much effort to look through cctv ect so im just confused

It’s entirely your prerogative how honest you are in your reply. No-one here knows what evidence TfL already hold.

If you’re dishonest in your written account; and they have evidence that you’re being dishonest in your written account, they’re almost certainly not going to show any leniency.

Unfortunately I don’t see a middle ground whereby you can omit certain elements from your story to be honest but not incriminate yourself.

 

[najaB]

Yes it has and its asking for my version of events

Yes to which?

 

[Jamesk]

Yes to which?

It has come from TFL

 

[Stigy]

I am really surprised you were searched.

So am I, especially since PCSOs don't have the power to search persons. I also wonder under what grounds they'd conduct the search? Fraud Act is all I can imagine would fit?

 

[najaB]

It has come from TFL

That is slightly bad news as TfL are less likely to settle than other TOCs might have been.

 

[Jamesk]

That is slightly bad news as TfL are less likely to settle than other TOCs might have been.

So i dont have much if a chance?

 

[najaB]

Way too long. TfL only want to know three things: that you admit that you are in the wrong, that you want to right that wrong and that you will never do it again.

 

[_toommm_]

I know it won't be purposeful but don't play the 'I'm sorry' card too much.

Three A's: Apologise
Admit (the offence)
Admend (i.e. iI'm going to not do said offence ever again)