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Advice needed Penalty Fare becomes prosecutor investigation

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alchemy4496

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Last week a friend and I ran for the DLR train...the driver ushered us along...and we sped up and boarded the train. In the excitement we failed to tap our payment cards.

On boarding the train two revenue protection officers, who had been with the driver, approached us. My heart sank as I realised I was in trouble. We were only travelling one stop so had no option of getting off and tapping.


We argued strongly with the officers that it was an honest mistake and one we felt they could vouch for having *we thought) seen us running. They didnt budge and set out the penalty of £50 rising to £100 if not paid in 21 days. We continued to argue, it was somewhat heated but realising I was getting no where I agreed to pay. I first paid her fee (basically she has pre-settled visa status and I didn't want her to have any ramifications from this incident). Having had longer to think I decided at that moment I would consider appealing my own fine and asked the officer to confirm I had 21 days to pay. He restated this, and the fact it would rise to £100 if not and I agreed I would resolve later (implied in the 21 days).

I was then asked for my address which I provided. I was expecting then to receive in the post some details of the fine, and on the appeals process. Instead I received the verification letter that is well known on this forum...threatening legal proceedings. I hadn't expected this at all, and many answers on this forum say that it's too late for a penalty notice, and Im heading for court.

They issued my friend with a receipt for her payment, but reviewing this again I think one should have been issued for me as well...because that's the notice not the letter I assumed would arrive.

The Officer made no reference to failing to pay on the spot leading to a conviction, and the circumstances of my friend are identical to mine...other than we chose to settle the penalty immediately.

My priority now is to avoid any criminal conviction that might snowball into professional issues.

I dont know how to respond to the letter. The officer suggested I was going down a very different route to the one I appear to be on. At the moment I'm proposing to ask whether the wrong letter has been issued based on what id understood from the officer. And not address whether I accept the fine, or provide any circumstances. Because ultimately im blown away to have received it.

At this point I'd take the end of the stress and pay the penalty, even if I think its all a bit unfair under the circumstances. But I do fear that option is closed inadvertently.
 
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AlterEgo

Verified Rep - Wingin' It! Paul Lucas
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Last week a friend and I ran for the DLR train...the driver ushered us along...and we sped up and boarded the train. In the excitement we failed to tap our payment cards.
Which station was this? DLR trains don't have drivers - but they do have passenger hosts onboard who roam the train. Is this who you mean?

We argued strongly with the officers that it was an honest mistake and one we felt they could vouch for having *we thought) seen us running. They didnt budge and set out the penalty of £50 rising to £100 if not paid in 21 days. We continued to argue, it was somewhat heated but realising I was getting no where I agreed to pay.
In what way was it "heated"? As in, raised voices? This may factor into TfL's decision.

I first paid her fee (basically she has pre-settled visa status and I didn't want her to have any ramifications from this incident). Having had longer to think I decided at that moment I would consider appealing my own fine and asked the officer to confirm I had 21 days to pay. He restated this, and the fact it would rise to £100 if not and I agreed I would resolve later (implied in the 21 days).
So, to be clear - you didn't pay the penalty fare, and wanted to appeal. That's fine, but you can still appeal a penalty fare once it's been paid. You probably weren't to know that, but it is helpful for the future.

I was then asked for my address which I provided. I was expecting then to receive in the post some details of the fine, and on the appeals process. Instead I received the verification letter that is well known on this forum...threatening legal proceedings. I hadn't expected this at all, and many answers on this forum say that it's too late for a penalty notice, and Im heading for court.
Well, either court, or a warning. The former is more common, but for low level matters TfL will sometimes dispose of the matter with a warning.

They issued my friend with a receipt for her payment, but reviewing this again I think one should have been issued for me as well...because that's the notice not the letter I assumed would arrive.
You didn't pay, did you? What receipt were you expecting?

I dont know how to respond to the letter. The officer suggested I was going down a very different route to the one I appear to be on. At the moment I'm proposing to ask whether the wrong letter has been issued based on what id understood from the officer. And not address whether I accept the fine, or provide any circumstances. Because ultimately im blown away to have received it.

At this point I'd take the end of the stress and pay the penalty, even if I think its all a bit unfair under the circumstances. But I do fear that option is closed inadvertently.
Do you know if the officer was wearing a bodycam during the interaction?
 

alchemy4496

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Yes voices were raised. And the officers had a body cam. One made a point of turning it from green to red. Argument or not it was an accident. The penalty notice policy seems to relate to intent. We had no intent.

Yes I mean passenger host (thanks).

As I say, my friends penalty came with a receipt, Which also captured the penalty fare no. I didnt get issued with a second of these. And was expecting a letter,but now im thinking I should have got a number.
 

AlterEgo

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You wouldn’t get a number if the officer has decided to report you for prosecution instead. That’s what they’ve decided to do, rather than continue issuing the penalty fare.

Penalty fares are not a matter of intent; they are essentially a higher fare charged when someone contravenes the rules, by not having the correct ticket. Where officers find passengers without tickets, they can either issue a penalty fare, or report for prosecution. The penalty fare is easily the most convenient option for both staff and customer, but it is the officer’s decision what they do.

Which station did this happen at?
 

alchemy4496

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The thing is. We did one payment, and then he expected to take a second. And then I confirmed the 21 days to pay and decided not to provide a second payment then. It wasn't said to me that he would therefore change his decision. It feels underhand.

Why does the station matter sorry?
 

John R

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It sounds as though the “heated” conversation made the officer change their mind and report you for protection, which they are perfectly entitled to do.

You might want to consider why you let the conversation become heated, given that you were caught without a valid ticket. As far as the officer was concerned you were two chancers caught going one stop without a ticket - exactly the sort of people they are looking for, and then failed the “attitude test” with them.

If they let off everyone who failed to tap and then claimed it was a genuine mistake (wouldn’t everyone?) they wouldn’t be doing their job properly. Tapping takes a second and given the frequency of DLR trains the excuse that you were rushing so not to miss it is weaker than on lines with a once an hour service (and even then it doesn’t count for anything I’m afraid).

As for what you do now, please post the verification letter, with your personal details removed for privacy. Assuming this is TfL, unfortunately it doesn’t offer settlements and in the vast majority of cases prosecutes, which is the most likely outcome here, especially given the conversation which appears to have taken place between you and them.
 
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alchemy4496

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Its the standard tfl letter seen elsewhere on this forum.

My question now is whether I'm best to respond asking about the penalty notice, or settling out what happened

I could lose my job, my professional accreditation everything. For an argument in the heat of the moment, and a decision changed without my knowledge because of that.
 

styles

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Its the standard tfl letter seen elsewhere on this forum.

My question now is whether I'm best to respond asking about the penalty notice, or settling out what happened

I could lose my job, my professional accreditation everything. For an argument in the heat of the moment, and a decision changed without my knowledge because of that.
Just on this last point - this isn't normally the case even in highest regulated roles. The SRA would take a dim view of any conviction against a solicitor but it's unlikely that a single instance of fare evasion, a relatively minor strict liability offence where your intent or (dis)honesty is not a consideration in the verdict, is going to result in being struck off. Forgetting to tap on to a rail journey, once, is not going to be career-ending. Same for financial services etc.

In this case you have a 'fair' chance of getting off with a warning from TfL in any case. It depends what exactly this 'heated' conversation involved mind.
 

alchemy4496

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Just on this last point - this isn't normally the case even in highest regulated roles. The SRA would take a dim view of any conviction against a solicitor but it's unlikely that a single instance of fare evasion, a relatively minor strict liability offence where your intent or (dis)honesty is not a consideration in the verdict, is going to result in being struck off. Forgetting to tap on to a rail journey, once, is not going to be career-ending. Same for financial services etc.

In this case you have a 'fair' chance of getting off with a warning from TfL in any case. It depends what exactly this 'heated' conversation involved mind.
Thanks.

Would it harm my case at this point to respond to the letter by saying I don't know why I've received it as I was expecting details of a penalty fare, not a prosecution. Or should I be getting straight to setting out the circumstances of the incident.

I guess I'm scared of the 10 days to reply 5 of which the letter was making its way through 2nd class post.
 

John R

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You only get a Penalty Fare at the time you are stopped, not subsequently. So I would confine your reply to explaining what happened and asking very nicely if they will consider letting you off with a caution (TfL does not do settlement offers in lieu of prosecution I’m afraid. )
 

alchemy4496

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You only get a Penalty Fare at the time you are stopped, not subsequently. So I would confine your reply to explaining what happened and asking very nicely if they will consider letting you off with a caution (TfL does not do settlement offers in lieu of prosecution I’m afraid. )
But thats what the officer said was happening. He processed the fine for my friend and turned to me and I said I wanted the 21 days to settle or appeal.

Can help really just change his mind after I left.
 

AlterEgo

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The thing is. We did one payment, and then he expected to take a second. And then I confirmed the 21 days to pay and decided not to provide a second payment then. It wasn't said to me that he would therefore change his decision. It feels underhand.

Why does the station matter sorry?
It matters because the layout of some stations may mean you have a defence or mitigation; you are claiming you passed the reader partially because of the actions of the staff. TfL take this sort of stuff seriously but there are still things you can advance in your defence.
 
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