I've been sent a TFL verification letter.

[gwr_tfl]

Hello.

I was out with a few friends, I was running late and was rushing to head back home. This was at Stratford station which was very busy. My friends tapped in and I tapped in after and walked through. The barrier did not close on me and i thought that I had paid my fare. As I'm going through 2 officers called me over and said I hadn't paid. I started panicking and insisted I paid and I was very distressed. My friends were beside me and calmed me down. The officers were about to bring in the transport police but my friends prevented this.

The officer wanted my details and I gave them. He read this to another officer who was on a call with someone. They mentioned behaviour on the phone.
The officer said in the report he will write that I thought that I had tapped in and I just walked through. I was very worried and spoke to him and said I don't want to be charged with convictions as I'm a university student and it would ruin my life as I will have issues getting a job and a good career. The officer assured me that i shouldn't worry about this and that I should just fill in the form and send it over.

Please can someone help me. I got sent a letter home and I'm very worried. I am finding it very difficult to cope. I keep worrying about this and it is constantly in my mind.

 

[Gloster]

If you have received a letter please post it in this thread so that the experts know how the matter is being handled. Please obscure your name, address and any identifying details, such as reference numbers.

 

[gwr_tfl]

== Doublepost prevention - post automatically merged: 17 Jul 2024 ==

Please help me, I don't know what to do regarding this situation.

 

[notmyrealname]

Hi.

This is TfL asking for your version of what happened that day. Member @Hadders gives very helpful advice on how to write type of letter, if you look through the forum for similar cases to yours with TfL.

If you post a draft of what you think you might send, people will be happy to proof read it for you.

 

[gwr_tfl]

Hi.

This is TfL asking for your version of what happened that day. Member @Hadders gives very helpful advice on how to write type of letter, if you look through the forum for similar cases to yours with TfL.

If you post a draft of what you think you might send, people will be happy to proof read it for you.

Thank you for this. I will have a look at this members posts. This has just been on my mind, I am very worried and struggling to understand what to do.

 

[notmyrealname]

I understand. People here will explain as we go. Start with a draft letter.

EDIT: Have a look at this thread that Hadders commented on. Not all of it is the same as your situation but you should start to get an idea.

Intention to prosecute letter - caught without railcard - need a bit of help

I got my typical letter back from Govia saying that they where made aware of when I tried to travel without having a valid railcard. Firstly, how do I send my repsonce back to them? The letter says the returns address so should I tape this letter back up and send it in the same envelope (excuse...

www.railforums.co.uk

 

[AlterEgo]

Hello.

I was out with a few friends, I was running late and was rushing to head back home. This was at Stratford station which was very busy. My friends tapped in and I tapped in after and walked through.

Was this at a normal barrier, or one of the wider gates?

 

[Snow1964]

It will probably help everyone here trying to help you if you can clarify one point. When you say you followed a friend, did you tap then go through few paces behind, or were you virtually touching them (known as tailgating, where two people try and sneak through on one ticket).

Secondly, can you check your oyster history (and save it before it goes offline after few weeks) to see if your journey was paid for. If you don't already have an account will need to register to view it. If it was something else (eg bank card) then check your statement.

If you have paid for the journey, then say so in your draft reply.

 

[gwr_tfl]

Was this at a normal barrier, or one of the wider gates?

I think it was the wider gate.

== Doublepost prevention - post automatically merged: 17 Jul 2024 ==

It will probably help everyone here trying to help you if you can clarify one point. When you say you followed a friend, did you tap then go through few paces behind, or were you virtually touching them (known as tailgating, where two people try and sneak through on one ticket).

Secondly, can you check your oyster history (and save it before it goes offline after few weeks) to see if your journey was paid for. If you don't already have an account will need to register to view it. If it was something else (eg bank card) then check your statement.

If you have paid for the journey, then say so in your draft reply.

My friends tapped in and went through and I tapped in after and followed behind. I looked at my oyster history yesterday and it did not show the journey. The officer allowed me to go through barriers again and tap in which I did so using my credit card which shows up on my statement. Can I link this card to my oyster account? I'm just worried that they'll give me a conviction and I'm really worried because I'm still a university student and it will ruin my life and will impact my career. I wont be able to get a job with a conviction on my record. The last couple days have been very rough for me, I have been struggling very much and overthinking in my head. I keep coming to the worst case scenario and I just feel sick.

 

[Jamiescott1]

Ask for cctv footage to be retained

 

[gwr_tfl]

Ask for cctv footage to be retained

How can I ask for this and what will this be helpful for?

== Doublepost prevention - post automatically merged: 17 Jul 2024 ==

Can anyone help me understand if it is possible to email and ask what I have been charged for? I don't know what the officer has said in his report but according to my friends who were there with me, he said that he will write that I complied and also that it was an accident and that I had thought I tapped. Thank you.

 

[WesternLancer]

How can I ask for this and what will this be helpful for?

== Doublepost prevention - post automatically merged: 17 Jul 2024 ==

Can anyone help me understand if it is possible to email and ask what I have been charged for? I don't know what the officer has said in his report but according to my friends who were there with me, he said that he will write that I complied and also that it was an accident and that I had thought I tapped. Thank you.

Presume cctv would help show if you attempted to touch a payment card on the reader. Or if you actively tailgated some one for example.

Do you have a clear recollection of precisely what happened in terms of presenting and reading a payment card?

 

[AlterEgo]

TfL are likely to want to charge you with misusing a gate, which is essentially a strict liability offence and no intent to evade the fare need be proven. You will want the CCTV to be retained if you are certain you DID tap and you DID NOT tailgate someone else by being very close.

 

[WesternLancer]

There will be info on the TfL website about how you can request access to cctv footage I would assume.

My google search found this page that has the link

CCTV & surveillance cameras

How TfL including its subsidiaries and service providers, uses information collected via CCTV and Automatic Number Plate Recognition

tfl.gov.uk

 

[gwr_tfl]

Presume cctv would help show if you attempted to touch a payment card on the reader. Or if you actively tailgated some one for example.

Do you have a clear recollection of precisely what happened in terms of presenting and reading a payment card?

I cannot remember exactly what happen but I do remember tapping my oyster behind my friend. We was all in a rush to get home.

 

[Mojo]

TfL are likely to want to charge you with misusing a gate, which is essentially a strict liability offence and no intent to evade the fare need be proven. You will want the CCTV to be retained if you are certain you DID tap and you DID NOT tailgate someone else by being very close.

In my experience, TfL / London Underground typically only use the byelaw for misusing the gates in instances where there was no Revenue Inspector present and they are prosecuting for an alleged offence based on CCTV evidence.

In this example given the OP was stopped by a staff member that was witnessed there and then, it is most likely that they will be using the byelaw for being present in a compulsory ticket area without valid authority, so the CCTV evidence is unlikely to help.

 

[gwr_tfl]

How likely am I to not be charged and for a out of court settlement to be arranged? I am very frightened about the prospect of a conviction on my record. I am only 20 y/o. I'm a university student. This would ruin my life and affect my job prospects. I suffer with mental health issues and this is really affecting me badly. I'm not saying this as an excuse but I really made a genuine mistake. I had no idea matter would cause such legal implications. This is just a massive disaster and I am just so worried about this. The officer said that in the report he will write that I was compliant and that this was a mistake and I thought I had tapped. I don't want to get a solicitor, they are quoting me £900. I will never be able to afford this amount. Please can someone who has experienced something similar help me out.

 

[gwr_tfl]

In my experience, TfL / London Underground typically only use the byelaw for misusing the gates in instances where there was no Revenue Inspector present and they are prosecuting for an alleged offence based on CCTV evidence.

In this example given the OP was stopped by a staff member that was witnessed there and then, it is most likely that they will be using the byelaw for being present in a compulsory ticket area without valid authority, so the CCTV evidence is unlikely to help.

But the officer said he will add to the report that I fully complied. He also said something along the lines that he will mention that I made a accident and thought that I had tapped. He saw that I was distressed and said to not worry and to fill in the letter. He also let me go back and tap in, then he also told me again make sure you tap out when you finish journey.

 

[AlterEgo]

But the officer said he will add to the report that I fully complied. He also said something along the lines that he will mention that I made a accident and thought that I had tapped. He saw that I was distressed and said to not worry and to fill in the letter. He also let me go back and tap in, then he also told me again make sure you tap out when you finish journey.

The staff will usually do this to defuse a situation, but in reality he has reported you for the offence. That's why you have been sent a letter asking for your side of the story.

 

[gwr_tfl]

The staff will usually do this to defuse a situation, but in reality he has reported you for the offence. That's why you have been sent a letter asking for your side of the story.

So he lied about this? But how can this be fair, he said one thing and does the other. This cannot be right.

 

[WesternLancer]

So he lied about this? But how can this be fair, he said one thing and does the other. This cannot be right.

Well you don’t know what he actually did and neither do we.

But what you need to do is to reply with your version of events as you have set out. Including saying what the staff member told you in my view. Ie you tried to tap in. Believed you had. Passed through the barrier was then stopped. Then staff member checked your oyster and found it had not been touched successfully. You were then allowed to touch again. State you had no intention to evade payment and indeed believed you had in fact paid.

This seems to me to be what you are saying here so set it out in what you tell them assuming that’s true. Do not lie to them. Post your draft here for people to check for you before sending it.

 

[Hadders]

TfL generally take a much more robust approach to this sort of thing than their National Rail counterparts. TfL don't normally offer out of court settlements but they have been known to give a warning in some very limited circumstances.

I suggest writing a short, concise letter mentioning:

- That you are sorry for what has happened
- What you have learned from the incident
- That you are keen to settle the matter without the need for court action
- That you are prepared to pat TfL's administrative costs in dealing with the matter

I think it's also important to mention that you did pay the fare for your journey.

Here's a link to TfL's TfL's Revenue Enforcement & Prosecutions Policy which I suggest you read, particularly section 8 which is about the criteria used when deciding whether to prosecute.

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

If you post a draft reply in this thread forum members will be happy to proof read it for you.

 

[gwr_tfl]

Dear Sir/Madam,

I am writing in response to the letter I received from TFL regarding the criminal offence charge.

Firstly, I would like to express my sincerest apology for the incident.

I was out with a few friends and was running very late home. I was in a rush and was overthinking if I’d get in trouble when I get home. I thought I had tapped and the barriers were open because I was behind my friend. We were rushing to get on the train. We rushed forward and I was stopped by officers. I was very distressed as this was first time I have ever been stopped by anyone. My friends and the officers calmed me down and they took my details and confirmed it with someone on the phone. The officer then spoke to me. I apologised to him. He said in the report he would write that I was cooperative and that I made a mistake and thought that I had tapped. He said that I shouldn’t worry about this and to just complete the letter in time. He allowed me to go back and tap again and tap my card to pay the fare and told me to tap out at the end of my journey.

I have learnt from this experience. I understand the importance of following the rules and regulations when travelling on the TFL. I did not realise that it would lead to a possible criminal conviction and a fine. I am incredibly worried about this. A criminal record would ruin my career plans and severely affect my life. I have not yet began my career and a charge would impact getting a job in the medical field which requires a clean record. I have mental health issues and I have been constantly thinking about this and I am really worried about the potential consequences.

I am a young carer. I care for * who has health issues. I was out with friends for a party and being late I was just worried about getting in trouble at home. It sometimes places me under significant time pressure and stress.

I am very keen to solve this matter without the need of courts. I am more than willing to pay any outstanding fare and any administrative costs that were incurred by TFL in dealing with this matter.

I would once again express my apologies for any inconvenience caused. I assure you this will not happen again. I hope that you consider my request to settle this out of court and to avoid any further escalation.

Thank you for your understanding.
Kind Regards,
*

 

[John R]

TfL never offer out of court settlements, so I wouldnt bother asking for one. (In rare cases they let people off with a final warning.)

My other comment would be that you continue to maintain that it was an accident, instead of deliberate tailgating. I’d suggest that the inspector who saw you will have formed a very clear view whether it was deliberate, based on how you followed your friend through. So if it was deliberate, suggesting it wasn’t might not be seen in a very favourable light.

 

[WesternLancer]

TfL never offer out of court settlements, so I wouldnt bother asking for one. (In rare cases they let people off with a final warning.)

well there can be no harm in asking anyway IMHO - but this could perhaps be addressed by tweaking this sentence as shown

I hope that you consider my request to settle this out of court and to avoid any further escalation.

 

[gwr_tfl]

TfL never offer out of court settlements, so I wouldnt bother asking for one. (In rare cases they let people off with a final warning.)

My other comment would be that you continue to maintain that it was an accident, instead of deliberate tailgating. I’d suggest that the inspector who saw you will have formed a very clear view whether it was deliberate, based on how you followed your friend through. So if it was deliberate, suggesting it wasn’t might not be seen in a very favourable light.

I'm giving my side of the story, i know what tailgating is, I see it happen all the time. I didn't tailgate and if i did the officer wouldn't have said he'll say it was an accident. You say they never offer out of court settlements, I've read many people's posts where they do get one. Im just asking for some help and seeing if what I wrote is good for a response or needs changes.

== Doublepost prevention - post automatically merged: 18 Jul 2024 ==

well there can be no harm in asking anyway IMHO - but this could perhaps be addressed by tweaking this sentence as shown

I hope that you consider my request to settle this out of court and to avoid any further escalation.

Why can I not ask to settle out of court? Surely thats how they'd avoid further escalation

== Doublepost prevention - post automatically merged: 18 Jul 2024 ==

Can I request the TFL iap team to inform me of what exactly I've been reported for? Just so I can understand if the officer mentioned what he said he would include in the report. Also can I request his bodycam footage and cctv just for my understanding. I have forgotten exactly what happened on the day and my friends are reminding me. Is it possible to ask for what has been mentioned and what exactly I've been reported for?

 

[MotCO]

Dear Sir/Madam,

I am writing in response to the letter I received from TFL regarding the criminal offence charge.

Firstly, I would like to express my sincerest apology for the incident.

I was out with a few friends and was running very late home. I was in a rush and was overthinking if I’d get in trouble when I get home. I thought I had tapped and the barriers were open because I was behind my friend. We were rushing to get on the train. We rushed forward and I was stopped by officers. I was very distressed as this was first time I have ever been stopped by anyone. My friends and the officers calmed me down and they took my details and confirmed it with someone on the phone. The officer then spoke to me. I apologised to him. He said in the report he would write that I was cooperative and that I made a mistake and thought that I had tapped. He said that I shouldn’t worry about this and to just complete the letter in time. He allowed me to go back and tap again and tap my card to pay the fare and told me to tap out at the end of my journey.

I have learnt from this experience. I understand the importance of following the rules and regulations when travelling on the TFL. I did not realise that it would lead to a possible criminal conviction and a fine. I am incredibly worried about this. I am a university student studying * sciences. A criminal record would ruin my career plans and severely affect my life. I have not yet began my career and a charge would impact getting a job in the medical field which requires a clean record. I have mental health issues and I have been constantly thinking about this and I am really worried about the potential consequences.

I am a young carer. I care for * who has health issues. I was out with friends for a party and being late I was just worried about getting in trouble at home. It sometimes places me under significant time pressure and stress.

I am very keen to solve this matter without the need of courts. I am more than willing to pay any outstanding fare and any administrative costs that were incurred by TFL in dealing with this matter.

I would once again express my apologies for any inconvenience caused. I assure you this will not happen again. I hope that you consider my request to settle this out of court and to avoid any further escalation.

Thank you for your understanding.
Kind Regards,
*

My main comment is that the first large paragraph is a shade too long - the reader will see hundreds of letters each day, so you need to keep to the salient parts. Having said that, I would give more prominence to the fact that you are a carer and were worried about getting back later than you had planned - your mind was probably elsewhere rather than on tapping in. You also may need to clarify that you did pay the fare, albeit after the inspector's intervention.

 

[WesternLancer]

Why can I not ask to settle out of court? Surely thats how they'd avoid further escalation

== Doublepost prevention - post automatically merged: 18 Jul 2024 ==

Can I request the TFL iap team to inform me of what exactly I've been reported for? Just so I can understand if the officer mentioned what he said he would include in the report. Also can I request his bodycam footage and cctv just for my understanding. I have forgotten exactly what happened on the day and my friends are reminding me. Is it possible to ask for what has been mentioned and what exactly I've been reported for?

You can ask to settle out of court - it's just that @John R is pointing out that TFL rarely do - I don't think you will find many cases on here where TfL have settled out of court (you will find plenty of the National Rail operators settling out of court on here but they are not TfL - different operators / organisations have different approaches) - if you think this is wrong feel free to link to some examples if you wish. but in my view there is no harm in asking to settle it out of court.

TfL do occasionally let people off with a warning but it's in a minority of cases seen on here I would tend to say.

If you are confident you did not tailgate - say that to them in your reply (but what you need to bear in mind is that if this in theory went to a court would you be happy saying the same thing to a magistrate in a court room - given your response in post above I think you would be happy saying that if asked about it, but it must always be your own call about what you would be happy to say)

Also can I request his bodycam footage and cctv just for my understanding.

Yes, and you were advised up thread to actually do this IIRC, and I posted a link on how to do it. Perhaps you missed that advice above.

From TfL website:

Accessing your personal data​

You can request copies of images or footage of yourself by making a subject access request. Please note that in most cases, CCTV and body worn camera footage is only kept for a very limited time, and you shouldn't delay in making your request.

You will need to provide as much information as possible about when and where the images or images were captured (ie the specific date, time and location). You will also need to submit a clear full length photograph of yourself with your request so that we can identify you when searching for the relevant images.

Onward link you then probably need is

Access your data

How to find out what personal information TfL holds about you

tfl.gov.uk

which takes you to forms you complete to request this - one for station CCTV and one for body worn camera

 

[Hadders]

National Rail train operating companies almost always offer out of court settlements. Transport for London don't and unfortunately you're delaing with Transport for London.

Generally speaking I think your letter is ok although I would look to incorporate some of the amendments suggested above. There is nothing to stop you asking if they will settle out of court but I think it's important to manage expectations around the likelihood of being offered one.

Your proposed reply refers to your mental health. TfL's Revenue Enforcement & Prosecutions Policy says that you should provide proof of this from a Medical Expert in the relevent field.

 

[gwr_tfl]

Should I get a solicitor or should I just deal with this myself? I am very worried about a criminal record, it will affect my life very badly and I still have not even begun my career yet. I have medical records showing my mental health issues. I can also get character references. But will this be something that would even be considered by iap. I'm been very distressed by all this.