Advice needed - SWR/TfL Oyster photocard misuse

Hi everyone,

I'm looking for some advice as I'm extremely worried and would appreciate any insight from people who have experience with railway fare cases.

For context, I'm 20 years old and was stopped by a SWR officer on 26/07.

For about a week, I had been using my family members 14–16 Oyster photocard to commute to my new job, via train and bus, one that I managed to get after months of unemployment and depression. The job site is quite a distance but considering my situation I couldn't say no to this opportunity. I had just started working but was struggling financially as I'd be getting paid at the end of the month, and was already running low on finances, so I made the wrong decision to use the oyster card. I topped it up with my own money for train travel, and I admit I benefited from the concessionary/free travel that came with the card. I fully accept that this was wrong.

When I was stopped, I panicked like crazy. The officer asked my age and I initially said I was 16 (in my mind I was just thinking about the card so when he asked me a question I responded "16" as a reflex. It didn't even register in my head until a minute later). He then asked for ID, and I admitted my fault and showed him my digital ID, after which he asked for my name, address and age, which I gave correctly.

He also asked where I had travelled from, and because I was nervous I incorrectly answered Vauxhall, when in fact I had travelled from central London.

The officer confiscated the oyster card, saying it would be returned to TfL and that the owner would need to apply for a replacement. I was issued with an Unpaid Fare Notice, signed it and paid it online around 10–20 minutes after leaving the station. I wasn't arrested or cautioned, and after I signed the printed UFN, I was allowed to leave.

This is my first incident of any kind of misuse/ illegal activity.

My main concern is I'm worried about the possibility of prosecution and how it could affect my future career.

I understand that what I did was wrong, and I'm not trying to justify it. I'm simply trying to understand what I might realistically expect next.

My questions are:
- Based on your experience, is it common for SWR to prosecute in circumstances like these, or are out-of-court settlements sometimes offered?
- Does paying the Unpaid Fare Notice promptly make any difference?
- Roughly how long does it usually take before SWR contacts someone if they intend to take further action?

I'm sick to the core right now as this has been everything I'm thinking of. I'd appreciate any advice or experiences. Thank you all.

We could really do with seeing what you were issued. However, if it's as you say, and you were issued a UFN and paid it, that would be it from SWRs end. However, I would be on the lookout for contact from TfL, who will want to know, and potentially want recompense for, the misuse of the Oyster previously.

You will be in more bother with TfL than SWR if they have been given the reason for confiscation.

zackis123 said:

My questions are:
- Based on your experience, is it common for SWR to prosecute in circumstances like these, or are out-of-court settlements sometimes offered?
- Does paying the Unpaid Fare Notice promptly make any difference?
- Roughly how long does it usually take before SWR contacts someone if they intend to take further action?

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As you have paid the Unpaid Fares Notice that should be the end of the matter. You should consider yourself very fortunate that it has been dealt with in this way.

Haywain said:

As you have paid the Unpaid Fares Notice that should be the end of the matter. You should consider yourself very fortunate that it has been dealt with in this way.

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Does that not depend on what SWR choose to do with the confiscated child rate Oyster card? If they return it to TfL with the details of how it was confiscated, surely TfL would take action?

SuspectUsual said:

Does that not depend on what SWR choose to do with the confiscated child rate Oyster card? If they return it to TfL with the details of how it was confiscated, surely TfL would take action?

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I don’t believe so. TfL might make it awkward for a replacement card to be obtained but I don’t see how they can take action against the OP, as they didn’t stop them.

Haywain said:

I don’t believe so. TfL might make it awkward for a replacement card to be obtained but I don’t see how they can take action against the OP, as they didn’t stop them.

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Do we know that for sure? I can't remember having seen one like this before, but the OP was stopped by (my term) an authorised person so can that evidence not be used? We see TOC A stop people and as a result seek unpaid fares from TOCs B, C and D - can it not work the other way round and TOC B take action for misuse of their product as a result of a stop performed by TOC A?

TfL could also go to the authorised card holder and ask some difficult questions, but they could of course just plead ignorance

And I'd still like to know what the "stuff" was the spooked the OP into deleting their account, until we know and can discount that it could be of relevance

SuspectUsual said:

And I'd still like to know what the "stuff" was the spooked the OP into deleting their account, until we know and can discount that it could be of relevance

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Wrong thread!

SuspectUsual said:

Do we know that for sure? I can't remember having seen one like this before, but the OP was stopped by (my term) an authorised person so can that evidence not be used? We see TOC A stop people and as a result seek unpaid fares from TOCs B, C and D - can it not work the other way round and TOC B take action for misuse of their product as a result of a stop performed by TOC A?

TfL could also go to the authorised card holder and ask some difficult questions, but they could of course just plead ignorance

And I'd still like to know what the "stuff" was the spooked the OP into deleting their account, until we know and can discount that it could be of relevance

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We have established quite clearly, over many years, that the only realistically prosecutable offence is the one that a person is stopped for, and that action is followed through by the operator who carries out that 'stop' or their agents. As the operator has resolved the specific incident by issuing an Unpaid Fares Notice, which has been paid, that is the end of the matter. There is a faint possibility that SWR will look into other incidents of fare evasion by the OP but they will only be able to pursue these as a civil matter - menacing letter, negotiation, payment - as they will have no evidence available for a criminal prosecution.

As for TfL asking difficult questions of the cardholder, the cardholder is in the 14 to 16 year-old age bracket so TfL will know full well that their options to do so are severely restricted.

Think yourself lucky. The incident in question was resolved as you paid the fare. (In theory they are entitled to reopen it if it was incorrectly issued from Vauxhall and they detect that but that's unlikely.) As Haywain says, it's unlikely to reach the threshold for TfL to investigate independently more broadly.

chrisjo said:

Wrong thread!

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Apologies, will edit my post

Thank you everyone. Everyone's replies are deeply appreciated and has certainly put me at more ease as compared to my initial state. I will be looking out for any letters. Thank you once again.