- I haven't retained a card I reported as stolen. My phone was stolen amongst other things and as a result they attempted fraud at the time. As a result, my banks recommend I cancel everyhting, even things they hadn't attempted fraud on. Sorry for the confusion.
OK, so they advised you cancel all your cards to, I assume, protect you against the off chance that they would use Apple Pay or details on your phone to defraud you. That makes sense - but you still cancelled the card for fraud protection reasons.
What does not make sense is why, having cancelled your bank card, you retained it for so long, in your wallet, and ended up presenting it to the inspector.
- I presume there will be a record of it on cctv, however I now believe it was using that card in error. My point was at the time he wouldn't let me check if that was the case.
That’s turned out to be immaterial though, as you say you have no record on any “live” card of a tap in, and you concede:
That's correct I can't deny that, the area was crowded with tourists as there are always problems at Cutty Sark DLR and I squeezed past tapped and moved on.
It seems to be the case you did not tap, and hence did not pay the fare.
- I didn't tap out at Heron Quays as my interaction with the ticket officer came at the bottom of the escalator before I got to the tap out box.
Ok, this makes sense - and they noticed the card you presented was declined at this stage.
I only had the card for my records as a precaution but wasn't willing to stay and argue with the officer who wasn't going to give it up or
Sorry, I just find this so hard to believe. You don't need to keep a physical bank card "for your records". It no longer works to pay for things, and it should be cut up and disposed of. I have probably had 60 or 70 card renewals in my life and cannot ever remember needing to keep an old card for any reason. I can't be alone in thinking this is, at the very least, unusual.
Separately, TfL may choose to believe that, if you are not pulling the "exit the system" TikTok scam, you might deliberately not tap in or out of Cutty Sark or Heron Quays, and travel for free on the short journey between these unbarriered stations - and separately, that you keep what you believe is a "dead" card which you hope cannot be read in the event of a revenue inspection.
Did you tell the inspector the card was cancelled?
Your problem now is that, as you have been reported for prosecution, TfL have two options - and only two. Either they will let you off with a warning, or, they will prosecute you for a single Bylaw offence in the Magistrates' Court. There will be no "fine" or penalty fare to pay when they write to you. As you will need to respond to their letter when it comes, you will need to explain exactly what happened - but you should be aware that whatever you write is evidence that is admissible in court.