Caught using a ZIP card that does not belong to me.

[wa_x]

I was caught using a zip card that doesn’t not belong to me, but my sibling. I believe I was still eligiable for the 16+ oyster as I was 18 on the 31st of August and in full time education, and beloved I could use my sibling zip card as I would pay the same fare anyway. After being caught I contacted my uni and they informed that I am only eligiable for the 16+ if I was doing a foundation year.

I have been using the zip card for more than one journey. I have no excuses, I was reckless and should’ve sought andvise before, I have and caused immense damage to my future. As I’m studying a healthcare subject. Could you help me write a letter?

 

[Pushpit]

I think you have to do your own letter, it won't be credible if someone else wrote it, or even worse you relied on AI to write the letter. Presumably this is from TfL and if you are over 18 then I'm afraid it may be a very difficult process. TfL takes this sort of fare evasion very seriously indeed and will in almost all cases prosecute those caught in the Magistrates Court. By all means write a draft and we can suggest improvements, that's OK to do. If your job in healthcare is anything like mine, you will end up writing lots and lots of letters, so you may as well get into the swing of it.

If you don't know how to get start, just do a series of bullet points to begin with such as
- I confirm my name is X
- Unfortunately I can also confirm that I was intercepted by your staff member on date x
- I was borrowing a relative's Zip card which I was not entitled to use
and so on.

Then you can see it's relatively easy to join up the bullet points to create a succint but clear letter back. You need to express remorse, commit to never doing it again, and ask for a final warning instead of prosecution. There are a few exceptional circumstances where TfL don't prosecute, their prosecution policy is available on their website, but in essence you would probably need to either have a serious and documented health condition or show that a prosecution may have a disproportionate impact. Studying for a healthcare profession looks to be one example of that, but it would depend on the details.

When you have draft ready put it up here for comments, along with a redacted version of the Notification letter. since it's important to know exactly what you are accused of doing.

 

[wa_x]

because I’m doing nursing do you think my university will likely kick me out? I’m afraid the NMC is really strict, same as my university.
In addition, how far back does TFL look into the travel history. I’m going to be 19 in a few days, do you think because I’m a student and currently still 18, they might be a bit more lenient? I’m so scared that I jeopardised my entire future. I’m an unpaid carer for my mom and I got no body else to support me, I just moved to London 3 years ago and I should’ve done way more research into the zip card.

 

[notmyrealname]

Hi.

One of the usual pieces of advice here is to talk to your students' union people in confidence about the problem.

 

[Pushpit]

I don't enjoy saying this, but in addition to checking with your SU, I would seriously consider talking to a specialist solicitor. This is quite serious but I can see you have a potential argument for TfL and thus avoid the worse outcomes.

 

[AlterEgo]

because I’m doing nursing do you think my university will likely kick me out? I’m afraid the NMC is really strict, same as my university.

We can't say, but you should talk to your students' union.

In addition, how far back does TFL look into the travel history. I’m going to be 19 in a few days, do you think because I’m a student and currently still 18, they might be a bit more lenient

No, you're an adult. TfL makes a distinction between adults and minors in their Prosecutions Policy: https://content.tfl.gov.uk/revenue-enforcement-and-prosecutions-policy.pdf

TfL may audit the pass history for as long as they suspect the offending has taken place. If you've been using the pass to bump fares to attend university at the same place, making the same journeys all the time, it is likely you will be prosecuted for the single offence where you were caught, and also given the opportunity for other offences to be taken into consideration. For this, you will be summonsed to the magistrates' court and you will need to confirm the extent of the offending so you can be sentenced for them all at once.

? I’m so scared that I jeopardised my entire future. I’m an unpaid carer for my mom and I got no body else to support me, I just moved to London 3 years ago and I should’ve done way more research into the zip card.

Unfortunately the explanation that you:

- thought you were eligible for the 16+ Oyster, but
- did not apply for one, and
- used someone else's instead, repeatedly,

doesn't stack up. It's plainly obvious you can't use someone else's free pass which has their name and photo on it and it isn't reasonable to ask anyone else to think you thought this was okay.

The usual outcome for these cases is to be prosecuted. TfL take about 20,000 people to court for this every year, so about 75 people for every day the courts are open in London. TfL do sometimes agree to a warning, but this is generally almost impossible unless you have:

- exceptional mitigation such as a disability or health condition or personal circumstances which makes prosecution against the public interest, and
- a solicitor who can write on your behalf and present mitigation in line with TfL's prosecution policy.

A solicitor will cost maybe £500-£1000 with no guarantee of success.

 

[ohnoes]

Considering this is a prolonged period of fare evasion I think talking to a solicitor as soon as possible would be sensible if you can afford it. There are a few mentioned on this forum if you do a search.

 

[wa_x]

Considering this is a prolonged period of fare evasion I think talking to a solicitor as soon as possible would be sensible if you can afford it. There are a few mentioned on this forum if you do a search.

Thank you for your replies, I am in really tight financial situation, I receive no bursary and because of my placements I am unable to find any jobs. My mom is ill and on sick leave and she doesn’t work either, I don’t have a source of income, apart from the sick leave money my mom has and whatever savings we have. I spoke with unlock and they said normally people are allowed to work in healthcare with this type of offences, the only thing I’m unsure of is university. In the letter should I mention I thought I was eligiable for the 16+ because that’s what I explained to the office?

 

[wa_x]

I was in a really stressful situation and made reckless choices due to all the responsibilities I harboured since I was 15, I’m so scared my brother will get in trouble too for my poor decisions

 

[AlterEgo]

Thank you for your replies, I am in really tight financial situation, I receive no bursary and because of my placements I am unable to find any jobs. My mom is ill and on sick leave and she doesn’t work either, I don’t have a source of income, apart from the sick leave money my mom has and whatever savings we have. I spoke with unlock and they said normally people are allowed to work in healthcare with this type of offences, the only thing I’m unsure of is university. In the letter should I mention I thought I was eligiable for the 16+ because that’s what I explained to the office?

I think you should speak to a solicitor and get them to write your reply. I think they would advise not advancing this line of defence, because if you thought you were eligible you would simply have applied for your own. I think, also, given you admit to being in a tight financial situation, they will more likely consider this your motive for using someone else's free pass, rather than some sort of confusion.

 

[wa_x]

I think you should speak to a solicitor and get them to write your reply. I think they would advise not advancing this line of defence, because if you thought you were eligible you would simply have applied for your own. I think, also, given you admit to being in a tight financial situation, they will more likely consider this your motive for using someone else's free pass, rather than some sort of confusion.

I really can’t afford a solicitor I’m afraid.

 

[wa_x]

Should just I just apologise, give context that I’m a 18 yrs old student studying nursing, and this will affect my future. Repeat that I’m sorry and I should not have done this, say that my brother has nothing to do with it and ask if I can settle this out of court and repay for all the damage I have caused. But NOT mention financial situation and NOT mention that I believed I was eligiable for the 16+? I thought it was worth mentioning I’m an unpaid carer?

 

[simonw]

Should just I just apologise, give context that I’m a 18 yrs old student studying nursing, and this will affect my future. Repeat that I’m sorry and I should not have done this, say that my brother has nothing to do with it and ask if I can settle this out of court and repay for all the damage I have caused. But NOT mention financial situation and NOT mention that I believed I was eligiable for the 16+? I thought it was worth mentioning I’m an unpaid carer?

To be honest, tfl don't care about your future. Talk to your SU and see if they can help with legal support. Your only hope lies in trying to persuade TFL to issue you with a warning and personally I think you need legal help if you are to achieve this outcome.

 

[WesternLancer]

Should just I just apologise, give context that I’m a 18 yrs old student studying nursing, and this will affect my future. Repeat that I’m sorry and I should not have done this, say that my brother has nothing to do with it and ask if I can settle this out of court and repay for all the damage I have caused. But NOT mention financial situation and NOT mention that I believed I was eligiable for the 16+? I thought it was worth mentioning I’m an unpaid carer?

It sounds like finding the money to use a solicitor will be difficult for you.

However, the advice above about speaking confidentially to your student union / student advice centre is good advice. They may even have a 'referral deal' where you can see a solicitor for reduced or no cost, so you could ask them about this.

However, you also need to prepare yourself for the fact that TfL basically don't do out of court settlements so a prosecution is a very likely outcome, even if you write to them.

But

You have asked if you would get expelled from your course for this. I don't know the definitive answer to that (but it's a good question to speak confidentially to the student union about), but what I can say is that we see lots of cases on here involving TfL fare evasion and prosecutions, some of those involve people training for things like nursing, but I don't think we typically see examples of people telling us they have been kicked off courses for things like this. The important thing will be (if it goes to court and you are convicted) that you tell your university / course about what has happened. It's often said on here that attempt to conceal what has happened is considered far worse than the actual offence of fare evasion itself (which is a minor offence in the great scheme of all types of crime).

TfL prosecutes thousands of people for this every year, and I'm sure many of them are students dong courses like yours. The student union or college advice people will have come across this before and should be able to give you good advice on what steps to take and what could happen.

 

[wa_x]

It sounds like finding the money to use a solicitor will be difficult for you.

However, the advice above about speaking confidentially to your student union / student advice centre is good advice. They may even have a 'referral deal' where you can see a solicitor for reduced or no cost, so you could ask them about this.

However, you also need to prepare yourself for the fact that TfL basically don't do out of court settlements so a prosecution is a very likely outcome, even if you write to them.

But

You have asked if you would get expelled from your course for this. I don't know the definitive answer to that (but it's a good question to speak confidentially to the student union about), but what I can say is that we see lots of cases on here involving TfL fare evasion and prosecutions, some of those involve people training for things like nursing, but I don't think we typically see examples of people telling us they have been kicked off courses for things like this. The important thing will be (if it goes to court and you are convicted) that you tell your university / course about what has happened. It's often said on here that attempt to conceal what has happened is considered far worse than the actual offence of fare evasion itself (which is a minor offence in the great scheme of all types of crime).

TfL prosecutes thousands of people for this every year, and I'm sure many of them are students dong courses like yours. The student union or college advice people will have come across this before and should be able to give you good advice on what steps to take and what could happen.

the letter just came today but the 10 days are almost up, I don’t think I have time to contact them. If you believe TfL will prosecute (100% they will from previous cases) regardless of the letter should I just apologise and own up to it. I don’t think I see my self out of this. One more question I don’t it has been addressed sorry, but will my brother get in trouble?

 

[Pushpit]

the letter just came today but the 10 days are almost up, I don’t think I have time to contact them. If you believe TfL will prosecute (100% they will from previous cases) regardless of the letter should I just apologise and own up to it. I don’t think I see my self out of this. One more question I don’t it has been addressed sorry, but will my brother get in trouble?

I doubt he will get into trouble, though he may need to apply for a new card if the original one was retained by TfL. He wasn't caught evading fares and being under 18 means TfL won't prosecute. They could get in touch with your mother about it though.

 

[wa_x]

I doubt he will get into trouble, though he may need to apply for a new card if the original one was retained by TfL. He wasn't caught evading fares and being under 18 means TfL won't prosecute. They could get in touch with your mother about it though.

What does my mom need to say sorry?

 

[Pushpit]

What does my mom need to say sorry?

I don't really know how it will play out, but TfL won't write directly to your brother if he is still considered a child, so if they want to confirm anything the letter will be addressed to his "Parents / Guardian". I would not worry about this aspect, you are the one with the greatest problems at the moment.

 

[wa_x]

thank I appreciate uour support

 

[WesternLancer]

the letter just came today but the 10 days are almost up, I don’t think I have time to contact them. If you believe TfL will prosecute (100% they will from previous cases) regardless of the letter should I just apologise and own up to it. I don’t think I see my self out of this. One more question I don’t it has been addressed sorry, but will my brother get in trouble?

There can be no harm in replying and saying appropriately apologetic things. But don’t get your hopes up that will stop prosecution I guess.