I was caught in Central London while using my friend's photocard

[Jawad munir]

I'm really very worried and in panic since 11th of Feb
I was traveling on a bus in Central London when I was caught
I was using my friend's photocard since 20 days
I don't kniw what to do now

 

[AlterEgo]

What sort of photocard did you use? Were you stopped and reported by an inspector? Did you make any admissions to the inspector?

 

[Jawad munir]

It was 18+
Yes I was stopped by inspector
I told him that it's my friend and I didn't know that I can't use it

 

[John R]

I told him that it's my friend and I didn't know that I can't use it

But it had someone else's photocard on it. Did you really expect him to believe that?

All you can do is wait until you are contacted. Did you give him your correct name and address? If so then fairly soon you will get a letter, at which point you can come back here, post the letter with any details that identify you hidden, and the experts here can give advice.

Unfortunately though, the most likely outcome is a prosecution, and given there is clear evidence that you did not pay the correct fare for your journey, a conviction, which will result in a fine, and other costs, and leave you with a criminal record. TfL is very difficult to persuade that you should not be taken to court for fare evasion.

 

[Jawad munir]

I did not lied to him
I used that photocard for 20 days
I'm an engineer I have just completed my Master's
Wherever I will go for job they will ask for DBS
Is there any way to avoid prosecution please
I'm in terrible situation and my head is bursting

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[AndroidBango]

You could speak to a solicitor who may be able to present mitigation in a way that might get you off with a warning - but that will be quite expensive and there's no guarantee of success.

What mitigation (if any) do you have for using the card? Not knowing you can't use it is not a serious response.

 

[30907]

Even if you believed you were allowed to use your friend's photocard, you aren't.

However, normally TfL will prosecute for the lowest level of offence, and the conviction will not show on an ordinary DBS; it may appear on an Enhanced one, though I doubt that is relevant.
Most employers will not be very interested in such a conviction, provided you don't try to conceal it.

So I wouldn't worry overmuch, and nor should your friend.

On mitigation: would you be entitled to an 18+ Oyster?

 

[Jawad munir]

I do understand it's a serious offence
I can't afford the solicitor
Is there any way to settle out of court by paying fine as it's my first offence since I'm here in this country

 

[Jawad munir]

Will my friend whose photocard I was using can be involved in this case

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What's the total prosecution cost if I plead guilty

 

[spotify95]

Will my friend whose photocard I was using can be involved in this case

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What's the total prosecution cost if I plead guilty

You don't need to plead in response to the initial letter you just received. The letter you received is the standard letter that TfL send out in these cases and is your opportunity to present mitigating factors/reasons why they should not go ahead with a prosecution. If you want to use a solicitor, now is the time to do so (though a solicitor will be expensive, and still won't have a 100% chance of keeping it out of court).

The next letter you receive after this (assuming you don't get a formal warning) will be either a SJPN, or a summons - this is where you have to plead guilty (if you plead not guilty, the courts will likely find you guilty anyway).

If you are found guilty, or plead guilty, you will have to pay:
1. A fine linked to your income
2. A victim surcharge, which is 40% of the fine
3. TfL's costs of bringing the case to court
4. Compensation for the fare(s) avoided

1 and 2 will be discounted by 1/3rd if you plead guilty at the earliest point.
3 and 4 will be explicitly stated in the court paperwork - if the case goes to court

If you have no income then the courts assume a minimal base figure.
If you don't tell the court your income then they assume a standard figure of £440 per week.

Hope that helps!

 

[30907]

Will my friend whose photocard I was using can be involved in this case

That depends if TfL decide to. My impression is that they don't usually do this - probably because it is more difficult to prove.

Presumably the oyster was confiscated, so he has lost that?

 

[notmyrealname]

Hi.

If that's your real name, you might want to contact the site moderators and ask for it to be changed.

 

[Pushpit]

I'm an engineer I have just completed my Master's
Wherever I will go for job they will ask for DBS
Is there any way to avoid prosecution please
I'm in terrible situation and my head is bursting

DBS is essentially about protecting children and vulnerable adults. Though I'm sure some engineers have DBS, I can't imagine many would. In my organisation, engineers and electricians are the largest group, apart from non clinical mangers, not to need DBS. If you are convicted, then your conviction will be spent after 12 months and mostly you won't need to worry about it again. It is, however, a bad thing to conceal the conviction if there is a legitimate reason for an employer to ask about it - more serious than the conviction itself.

In terms of avoiding a prosecution, have a look at this recent thread and post 4 - that explains the prosecution policy and in essence you would need to have health grounds, or be very young, to avoid prosecution. A solicitor will be able to navigate this better than an internet forum, since it delves into very sensitive personal information. The solicitor will cost you around £700 and will not guarantee you will get a Final Warning instead. Otherwise TfL will have no hesitation taking you to court, since it's a fairly serious crime from their perspective.

Caught using freedom pass

So on Monday, I was caught using a family member’s freedom pass on the tube. The place I was caught is somewhere I go frequently. I don’t want to say where but it’s a major central London station. The person has only had the pass for a few months. Maybe start of December they got it. But I will...

www.railforums.co.uk

 

[AlterEgo]

I told him that it's my friend and I didn't know that I can't use it

That’s clearly not something any reasonable person would think. Why do you think the card has a name and photograph on it?

You’ve got a Master’s degree. Don’t insult their intelligence by claiming you didn’t know what you were doing. It will only reduce your chances of being given a warning as opposed to being prosecuted.

 

[Jawad munir]

You don't need to plead in response to the initial letter you just received. The letter you received is the standard letter that TfL send out in these cases and is your opportunity to present mitigating factors/reasons why they should not go ahead with a prosecution. If you want to use a solicitor, now is the time to do so (though a solicitor will be expensive, and still won't have a 100% chance of keeping it out of court).

The next letter you receive after this (assuming you don't get a formal warning) will be either a SJPN, or a summons - this is where you have to plead guilty (if you plead not guilty, the courts will likely find you guilty anyway).

If you are found guilty, or plead guilty, you will have to pay:
1. A fine linked to your income
2. A victim surcharge, which is 40% of the fine
3. TfL's costs of bringing the case to court
4. Compensation for the fare(s) avoided

1 and 2 will be discounted by 1/3rd if you plead guilty at the earliest point.
3 and 4 will be explicitly stated in the court paperwork - if the case goes to court

If you have no income then the courts assume a minimal base figure.
If you don't tell the court your income then they assume a standard figure of £440 per week.

Hope that helps!

Yeah it's really very helpful
Can you suggest me any mitigation
I do want to accept my mistake
But I don't know to to present it

 

[skyhigh]

Can you suggest me any mitigation

You need to come up with relevant mitigating circumstances which actually exist.

We can't just suggest random excuses for you to use.

 

[simonw]

I do understand it's a serious offence
I can't afford the solicitor
Is there any way to settle out of court by paying fine as it's my first offence since I'm here in this country

Actually if you have used it for 20 days and assuming twice a day, this is your 40th offence.

 

[John R]

I do understand it's a serious offence
I can't afford the solicitor
Is there any way to settle out of court by paying fine as it's my first offence since I'm here in this country

TfL does not offer out of court settlements. They either (very rarely, and usually with the help of a solicitor to present the traveller’s case) give a final warning, or prosecute.

It sounds as though you don’t have any particularly mitigating reasons, in which case you are probably best advised to save the costs of a solicitor, plead guilty and take your punishment on the chin. It is still likely to cost you several hundred pounds though if convicted.

 

[Hadders]

Welcome to the forum!

Transport for London take misuse of Freedom Passes very seriously and a prosecution under the TfL Bylaws is the usual outcome.

The letter you've been sent is TfL's standard verification letter and is your opportunity to tell TfL about anything you want them to take into account when they decide how to proceed.

TfL do not offer out of court settlements but they have been known to offer a final warning in very limited circumstances. While we cannot guarantee it, recent cases indicate that there is a far greater chance of a warning if you engage the services of a solicitor who specialises in rail fare evasion. Solicitors don't come cheap (reports I've seen suggest around £1,200+) and there can be no guarantee of obtaining a warning.

If you decide not to use a solicitor then I suggest mentioning the following points when you reply to the verification letter:

- 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
- Offer to pay the outstanding fare and TfL's administrative costs in dealing with the matter

If TfL do decide to prosecute then they are normally done through what is called a Single Justice Procedure Notice. This means that if you plead guilty it is not necessary to attend court in person (unless you choose to do), you simply return the form to the court with any mitigation you want them to take into account and they will write to you with the details of the fine you have to pay.

If you are prosecuted and plead guilty (or are found guilty by the court) then you will have to pay:

- A fine based on your incomem, normally discounted by a third if you plead guilty at the earliest opportunity
- A surcharge of 40% of the value of the fine
- A contribution towards TfL's costs
- Compensation for the fares avoided

If you are found guilty then this is a criminal conviction. If you are prosecuted under the TfL Bylaws (which is what normally happens) then the conviction would be considered as spent for most purposes after a year. A Bylaw conviction isn't normally recorded on the Police National Computer and won't normally appear on DBS checks although we always advise people to be honest when asked if they have a conviction.

Here's a link to TfL's Revenue Enforcement & Prosecutions Policy which you might find worth reading:
https://content.tfl.gov.uk/revenue-enforcement-and-prosecutions-policy.pdf

 

[Jawad munir]

I'm going to get sponsorship in may
Is it going to hit my sponsorship visa chances?

 

[Fawkes Cat]

I'm going to get sponsorship in may
Is it going to hit my sponsorship visa chances?

Sorry, but we can't help with this point. The law around who is allowed to give advice on visa/immigration matters is quite strict, so to avoid getting into trouble we don't cover that area.

 

[WesternLancer]

I'm going to get sponsorship in may
Is it going to hit my sponsorship visa chances?

If this is postgraduate visa related, you should ask your university / college visa and immigration support team about this.

It's certainly something you should have given some thought to before you used a travel card you were not entitled to use!

 

[Jawad munir]

I'm already on postgraduate visa
I'm going to get sponsorship from my company I'm worried about it
I don't know but I'm in deep trouble
I'm not sure about consequences
I know what I did is blunder

 

[WesternLancer]

I'm already on postgraduate visa
I'm going to get sponsorship from my company I'm worried about it
I don't know but I'm in deep trouble
I'm not sure about consequences
I know what I did is blunder

start with your university or student union advice service or your overseas student office at the university if you can still access their help to find out what if any impact will happen to your sponsorship. They will be best placed to advise you or to direct you to a reliable source of help for that

 

[Jawad munir]

If I get conviction
after 12 months I don't need to mention it anywhere in my visa application or for any job

 

[WesternLancer]

If I get conviction
after 12 months I don't need to mention it anywhere in my visa application or for any job

I do not know. You would have to read what it says on visa application documents about such convictions.

Why don't you go and ask the places I am suggesting you go and ask (who will know the answers to this or help you find a reliable person to ask) rather than asking strangers on an internet forum?

 

[John R]

Sorry, but we can't help with this point. The law around who is allowed to give advice on visa/immigration matters is quite strict, so to avoid getting into trouble we don't cover that area.

Just to repeat this advice - we are here to provide advice on rail travel disputes, NOT their impact on visas or immigration matters. Please do not continue to ask us about those aspects of your problem - we cannot help.

 

[AlterEgo]

If I get conviction
after 12 months I don't need to mention it anywhere in my visa application or for any job

You should get specific immigration advice on the first point. We don’t know about visas - as far as I know none of us are here in one - and can’t advise on them anyway.

 

[Jawad munir]

I was caught using someone else student oyster and I was persecuted under these acts
Is this criminal conviction or just fine?

 

[tonycockram]

That looks to be a conviction. Looks like you’ve been taken to court already.

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And was meant to be paid in full by the 3rd July this year.