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Caught with my partners student oyster card

eggrole

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6 Mar 2026
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I was caught using my partners student Oyster card at an underground station on Monday morning by a tfl revenue protection officer, who then proceeded to take my details and confiscate the card.

For some background I am 20 and so is my partner, a current apprentice on national living wage, and have been using it for around the last 2 months? About twice a week for only 3 stops, although I know all it takes is 1 offence to be prosecuted.

I've attached the verification letter which seems to be fairly vague on the details so was wondering what the best course of action was? I've read all the threads so know what is likely to come next, and obviously everyone says this but had I known the actual process they take for miss use of another card I definitely wouldn't have done it.
 

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WesternLancer

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12 Apr 2019
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14,953
I was caught using my partners student Oyster card at an underground station on Monday morning by a tfl revenue protection officer, who then proceeded to take my details and confiscate the card.

For some background I am 20 and so is my partner, a current apprentice on national living wage, and have been using it for around the last 2 months? About twice a week for only 3 stops, although I know all it takes is 1 offence to be prosecuted.

I've attached the verification letter which seems to be fairly vague on the details so was wondering what the best course of action was? I've read all the threads so know what is likely to come next, and obviously everyone says this but had I known the actual process they take for miss use of another card I definitely wouldn't have done it.
welcome - apols for brief reply at the moment but assume you have seen this thread - and more importantly the links to other relevant threads contained here:


I've posted elsewhere that I still think it's worth responding to these verification letters even if you are slam dunk guilty - but as you can see you can probably expect to be prosecuted in court for this, as TfL don't agree out of court settlements like the National Rail operators regularly do.

Key question for you to think about is whether the conviction for that is likely to be significantly career challenging for you in future - which might be a basis to consider if you wish to spend c£600+ on the help of a solicitor - but you will need one that specialises in fare evasion in my view. Details of a handful of firms that cover that who have been mentioned on this forum over the years can be posted if you wish to seek quotes.
 

eggrole

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6 Mar 2026
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https://content.tfl.gov.uk/revenue-enforcement-and-prosecutions-policy.pdf is relevant, but unless you think you have a reason justifying what you did, the simplest approach will be to admit your actions. It is likely that you will be prosecuted.
Yeah I thought so, I can imagine being strapped for cash is not a good reason at all. I will write up my template response and post it here in the coming hours, would like this to be dealt with as quickly and easily as possible. I'd be correct in saying that tfl still don't really settle out of court/offer warnings?

== Doublepost prevention - post automatically merged: ==

welcome - apols for brief reply at the moment but assume you have seen this thread - and more importantly the links to other relevant threads contained here:


I've posted elsewhere that I still think it's worth responding to these verification letters even if you are slam dunk guilty - but as you can see you can probably expect to be prosecuted in court for this.

Key question for you to think about is whether the conviction for that is likely to be significantly career challenging for you in future - which might be a basis to consider if you wish to spend c£600+ on the help of a solicitor - but you will need one that specialises in fare evasion in my view. Details of a handful of firms that cover that who have been mentioned on this forum over the years can be posted if you wish to seek quotes.
Has there been any track record of solicitors winning cases when there are virtually 0 mitigating circumstances? As it's something I'm seriously considering - a criminal record is something that I really would rather not have
 

AlterEgo

Verified Rep - Wingin' It! Paul Lucas
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Has there been any track record of solicitors winning cases when there are virtually 0 mitigating circumstances? As it's something I'm seriously considering - a criminal record is something that I really would rather not have
If you don't have any mitigation a solicitor is not a huge amount of help. TfL strictly apply their prosecution policy and are consistent in this regard.
 

spotify95

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23 Aug 2020
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Northamptonshire
Has there been any track record of solicitors winning cases when there are virtually 0 mitigating circumstances? As it's something I'm seriously considering - a criminal record is something that I really would rather not have
Unless there are any factors listed in section 8.2 of the prosecution policy (linked above somewhere) that apply to you then you might as well save the solicitors fee's amd put it towards the fine/surcharge etc. TfL have a binary selection process: they either issue a warning (very few cases) or prosecute (almost all cases) and to avoid a prosecution you need mitigation as per the prosecutions policy document.

I've seen quite a lot of cases on here about TfL and the mis-use of passes, and the result is almost always the same. TfL will prosecute, and if they detect repeated use of the pass then it will likely be an in person summons so that you can admit/deny the offences to be "taken into consideration" (the times they suspect it was you but didn't catch you).
 

eggrole

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If you don't have any mitigation a solicitor is not a huge amount of help. TfL strictly apply their prosecution policy and are consistent in this regard.
Unless there are any factors listed in section 8.2 of the prosecution policy (linked above somewhere) that apply to you then you might as well save the solicitors fee's amd put it towards the fine/surcharge etc. TfL have a binary selection process: they either issue a warning (very few cases) or prosecute (almost all cases) and to avoid a prosecution you need mitigation as per the prosecutions policy document.

I've seen quite a lot of cases on here about TfL and the mis-use of passes, and the result is almost always the same. TfL will prosecute, and if they detect repeated use of the pass then it will likely be an in person summons so that you can admit/deny the offences to be "taken into consideration" (the times they suspect it was you but didn't catch you).
Have just spent tonight reading through every thread I could find to get more information of if my status counts as mitigating circumstances, have sent off an email to Manak Solicitors to ask for a consultation and am also typing up a draft response to the verification letter but I was just also wondering if you guys could provide me on some input on if you think I have any useable mitigating circumstances?

- I have been living in London for only 6 months, moving with my partner from the North. We both have not really used rail much in the past, especially down here.
- I am a first year apprentice in financial services on the client facing side, so a criminal record would probably be detrimental to my career.
- My record is clean, have never been involved in any sort of fare dodging/other convictions until now. I have always paid for my tickets outside of the "routine" of me using the card to get to and from work 1/2 days a week for the last few months.
- My partner lives with me and is reliant on my income to have a place to live as I cover the rent and she covers other costs with student finance.

I understand these are pretty weak, and I use them as explanations, not excuses, but something is anything and it's only now just starting to hit me that this might affect me worse than I originally though due to my career. I worked hard for this role and am the first from my family to work in the professional world, and knowing I could lose it to something so careless and silly is really messing with me.
Thanks to all who are helping :D
 

AlterEgo

Verified Rep - Wingin' It! Paul Lucas
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29,187
Location
LBK
Have just spent tonight reading through every thread I could find to get more information of if my status counts as mitigating circumstances, have sent off an email to Manak Solicitors to ask for a consultation and am also typing up a draft response to the verification letter but I was just also wondering if you guys could provide me on some input on if you think I have any useable mitigating circumstances?

- I have been living in London for only 6 months, moving with my partner from the North. We both have not really used rail much in the past, especially down here.
- I am a first year apprentice in financial services on the client facing side, so a criminal record would probably be detrimental to my career.
- My record is clean, have never been involved in any sort of fare dodging/other convictions until now. I have always paid for my tickets outside of the "routine" of me using the card to get to and from work 1/2 days a week for the last few months.
- My partner lives with me and is reliant on my income to have a place to live as I cover the rent and she covers other costs with student finance.
Unfortunately none of these are mitigating circumstances TfL will consider under their prosecutions policy which is linked in Post 2. Section 8 is the part that concerns you.

8.2 TfL will have regard to the following factors against prosecution
a) Insufficiency of evidence
b) Where it appears that there has been a genuine mistake of fact 2 bythe
alleged offender
c) Age of the offender.
d) The offender has pre-existing mental health issues or a disability supported
by satisfactory medical proof from a Medical Expert in the relevant field.
e) Where, owing to circumstances beyond the offender’s control, commission
of the offence was unavoidable.
f) Where there is no realistic prospect of conviction.

(In practice, C here means they do not prosecute minors or elderly people)
 

WesternLancer

Veteran Member
Joined
12 Apr 2019
Messages
14,953
Have just spent tonight reading through every thread I could find to get more information of if my status counts as mitigating circumstances, have sent off an email to Manak Solicitors to ask for a consultation and am also typing up a draft response to the verification letter but I was just also wondering if you guys could provide me on some input on if you think I have any useable mitigating circumstances?

- I have been living in London for only 6 months, moving with my partner from the North. We both have not really used rail much in the past, especially down here.
- I am a first year apprentice in financial services on the client facing side, so a criminal record would probably be detrimental to my career.
- My record is clean, have never been involved in any sort of fare dodging/other convictions until now. I have always paid for my tickets outside of the "routine" of me using the card to get to and from work 1/2 days a week for the last few months.
- My partner lives with me and is reliant on my income to have a place to live as I cover the rent and she covers other costs with student finance.

I understand these are pretty weak, and I use them as explanations, not excuses, but something is anything and it's only now just starting to hit me that this might affect me worse than I originally though due to my career. I worked hard for this role and am the first from my family to work in the professional world, and knowing I could lose it to something so careless and silly is really messing with me.
Thanks to all who are helping :D
The problem is that I think mitigation means a reason why any of these matters might drive you to evade fares beyond being skint.

If everyone who everyone who was claiming to be skint evaded fares and got let off every one would do it who was a student/ unemployed etc etc and that would not be viable.

Mitigation might more be about a condition eg mental health that meant you could not properly differentiate right from wrong, with suitable medical evidence to back that up.

Your mitigation is a bit if a variation in being really sorry for what you’ve done.

Manak get positive reviews on here from people who’ve used them. But that doesn’t mean they can necessarily get you off and I suspect it’ll cost you close to £1k to engage them.

If you have that money then that may be what you want to spend it on. If a conviction stands in the way of you getting say a £40k salary job then £1k might be worth the cost. Only you can make that calculation. But that’s a way to weigh it up perhaps.
 

eggrole

New Member
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6 Mar 2026
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4
Location
London
Update:

Ended up going through with Manak and ended up with a warning due to a mix of my circumstances. Thank you to Samir at Manak, and the users on this forum for all the help a mistake I will not make again
The problem is that I think mitigation means a reason why any of these matters might drive you to evade fares beyond being skint.

If everyone who everyone who was claiming to be skint evaded fares and got let off every one would do it who was a student/ unemployed etc etc and that would not be viable.

Mitigation might more be about a condition eg mental health that meant you could not properly differentiate right from wrong, with suitable medical evidence to back that up.

Your mitigation is a bit if a variation in being really sorry for what you’ve done.

Manak get positive reviews on here from people who’ve used them. But that doesn’t mean they can necessarily get you off and I suspect it’ll cost you close to £1k to engage them.

If you have that money then that may be what you want to spend it on. If a conviction stands in the way of you getting say a £40k salary job then £1k might be worth the cost. Only you can make that calculation. But that’s a way to weigh it up perhaps.
 

WesternLancer

Veteran Member
Joined
12 Apr 2019
Messages
14,953
Update:

Ended up going through with Manak and ended up with a warning due to a mix of my circumstances. Thank you to Samir at Manak, and the users on this forum for all the help a mistake I will not make again
Given the TfL policy this is a good result which I am sure you are pleased about.

Regulars here will note that it re-enforces comments often made on here that chances of a warning and not prosecution seem to be notably increased if a solicitor is used.
Aa mentioned before this places those that can afford to engage a solicitor at a notable advantage over those who can not. But that's for a different thread.
 

johnny_t

Member
Joined
26 Oct 2018
Messages
161
Update:

Ended up going through with Manak and ended up with a warning due to a mix of my circumstances. Thank you to Samir at Manak, and the users on this forum for all the help a mistake I will not make again
Are you able to share what they wrote about your circumstances. It seems to be a slam-dunk case so would be interesting to know what they said
 

flitwickbeds

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19 Apr 2017
Messages
768
Might it also be useful, if the OP is willing to share, a ballpark total cost for instructing and using Manak - I see an estimate of £1k is above, but in other recent threads we advise "from about £600" - would be good to advise future members and accurate cost range should they wish to go down the same road.
 

Manak

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Our fees for a TFL case are two hundred pounds for a consultation and six hundred and seventy five pounds to draft the letter to TFL. It is fixed.
 

Swedenorer

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Hants
I'm sure TfL will be quite satisfied at the deterrent effect of £850 paid to someone. That's cost over £1060 in gross income. Ouch!
 

flitwickbeds

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19 Apr 2017
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768
Our fees for a TFL case are two hundred pounds for a consultation and six hundred and seventy five pounds to draft the letter to TFL. It is fixed.
Thankyou - useful to know going forward what the rate is so members can advise others.
 

SuspectUsual

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Our fees for a TFL case are two hundred pounds for a consultation and six hundred and seventy five pounds to draft the letter to TFL. It is fixed.

And TfL make their decision from that letter alone?
 

johnny_t

Member
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26 Oct 2018
Messages
161
Our fees for a TFL case are two hundred pounds for a consultation and six hundred and seventy five pounds to draft the letter to TFL. It is fixed.
I appreciate that you probably don't want to say what you said to TFL, as that is effectively your 'product', but it is still hard to see what truthful mitigation could have been put forward in this case. Paying up £875 for something that appears to be hopeless is a big step - Do you think that TFL are more likely to issue a warning just because the letter comes from a solicitor ?
 

Manak

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I appreciate that you probably don't want to say what you said to TFL, as that is effectively your 'product', but it is still hard to see what truthful mitigation could have been put forward in this case. Paying up £875 for something that appears to be hopeless is a big step - Do you think that TFL are more likely to issue a warning just because the letter comes from a solicitor ?
You will appreciate , due to rules around confidentiality, we cannot discuss specific cases.
 

SuspectUsual

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You will appreciate , due to rules around confidentiality, we cannot discuss specific cases.

Out of curiosity, do you ever consult a potential client and tell them “I don’t think I can stop them prosecuting for this, there’s just no mitigation”?
 

Manak

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Out of curiosity, do you ever consult a potential client and tell them “I don’t think I can stop them prosecuting for this, there’s just no mitigation”?
If a client does not have any mitigation or has no chance of winning, I will always tell them. Honesty in all advice is important.
 

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