60+ oyster misuse

[StaticKiwi763]

Hi everyone


I would like some advise in relation to 60+ Oyster card confiscation.

I got caught using my mums 60+ oyster and I have received the verification letter from TfL asking for my response

The letter was posted to my old address and only found out about it 2 days ago. I have therefore lost some time. Do you think it’s worthwhile asking for an extension or I should just go ahead and reply to the letter?

I know what I did was wrong, I’ve had sleepless nights about this. I am really worried and hope I would not be prosecuted. Any advise is much appreciated please

 

[jfollows]

The bad news is that TfL almost always prosecutes for this offence.
I think you should just reply, and there are plenty of similar cases documented here which can help you.

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https://content.tfl.gov.uk/revenue-enforcement-and-prosecutions-policy.pdf

There is very limited evidence that using a solicitor might avoid prosecution, but it will cost you ££££ and there is no guarantee of a different outcome.

 

[Fawkes Cat]

The bad news is that TfL almost always prosecutes for this offence

Just to add a little: assuming that you plead (or are found) guilty, you will of course face a punishment. But that punishment will be a fine (and there will also be court and prosecution costs, and compensation to TfL, and so on). So it will be expensive - but you won't go to prison.

 

[StaticKiwi763]

Thank you all for your replies
Just to clarify the prosecution leads to a criminal record? Would my employer be notified ?
Would it be possible for me to paste my draft response for you to have a read please

 

[SuspectUsual]

Thank you all for your replies
Just to clarify the prosecution leads to a criminal record? Would my employer be notified ?
Would it be possible for me to paste my draft response for you to have a read please

Your prosecution would be a matter of public record but I don't believe the courts directly notify employers. My advice would be for you to check your contract of employment and if that says you should tell them if you're convicted, tell them. Often in situations like this people can get in more trouble for not following the required procedure afterwards rather than what is essentially a pretty low-level bit of offending

Yes, post your draft and people will be happy to comment

 

[z444z]

Would it be possible for me to paste my draft response for you to have a read please

Yes absolutely! Do read through the TfL prosecutions policy, linked in a previous post. Specifically section 8.2. Any mitigation needs to be based on factors in section 8.2 to have a chance at being successful.

 

[Fawkes Cat]

Would my employer be notified

I don't think notification is automatic. But if the court had to collect your fine from your wages, inevitably your employer would find out.

You will also need to check what your contract of employment says: if it requires you to tell your employer about a conviction (or even about being taken to court - some contracts do that) then you will need to do so. Otherwise you could well be sacked - not for the fare dodging, but for breaching the terms of your employment: your employer might well say to themselves 'if they can't be trusted to follow that rule, what other rules might they break?'

If you're in a regulated profession (maybe health care, teaching, the law, accountancy - and there are others) you should also check what your regulator needs to know.

If you are a member of a union at work, it's a good idea to go and talk to a rep: they should be able to tell you what really happens at your workplace.

 

[jfollows]

Prosecution will lead to a criminal record, yes.
Of a fairly minor variety, perhaps, but that’s easy for me to say.
You need to check its implications on you and your employment.

 

[StaticKiwi763]

Thank you all for clarifying. I don’t have any mitigating circumstance. I hust have to accept it.
Do I include that my address in the letter was wrong.
Please find below my response

 

[jfollows]

I don’t see a problem with your proposed response and, yes, you should correct your address as part of it.
Please consider letting us know what happens, even if it’s not the outcome you want. It will help us to give better advice in future.

 

[z444z]

Thank you all for clarifying. I don’t have any mitigating circumstance. I hust have to accept it.
Do I include that my address in the letter was wrong.
Please find below my response

I’d remove the word “reasonable” in relation to administrative costs. TfL don’t settle but if by a miracle they consider doing so you want it to be clear that you’ll pay whatever number they give you.

Doesn’t hurt to correct the address yes.

 

[jfollows]

I’d remove the word “reasonable” in relation to administrative costs.

Agreed

 

[StaticKiwi763]

Thank you. I’ll remove that, include my address and send it.
Silly question but do you advise sending it as an attachment or just as an email

 

[jfollows]

Silly question but do you advise sending it as an attachment or just as an email

Personally, I found your attachment to be a pain, just send an email. Don’t make the recipient be annoyed by having to do something else.

 

[WesternLancer]

Thank you all for clarifying. I don’t have any mitigating circumstance. I hust have to accept it.
Do I include that my address in the letter was wrong.
Please find below my response

Important to correct your address in order to avoid tho gs like court related documents not reaching you.

It’s not in your interests to miss any communication about any of this at all.

 

[StaticKiwi763]

Hi all.
I’m back with another question. Does anyone know how long it takes to hear back? It’s been over 2 months and I’ve still not gotten back a response from TfL

 

[jfollows]

Hi all.
I’m back with another question. Does anyone know how long it takes to hear back? It’s been over 2 months and I’ve still not gotten back a response from TfL

Normal.
If they prosecute, they have to bring the case to the court within 6 months of the alleged offence.
They are likely to do so.

 

[MotCO]

Is it possible, despite including an amended address, that their response has gone to your old address? Can you still collect post from your old address?

 

[StaticKiwi763]

Is it possible, despite including an amended address, that their response has gone to your old address? Can you still collect post from your old address?

Yeah I can still get post. But nothing has come through

 

[island]

Just to clarify the prosecution leads to a criminal record?

TfL normally prosecutes under section 17 of their Byelaws, which is a non-recordable offence.

Would my employer be notified ?

Not automatically. However it is usual in TfL cases for an attachment of earnings to be issued for fine, surcharge, compensation, and costs, unless you advise the court that you can and will pay these within 7 days.

 

[StaticKiwi763]

Hi all, I have received the court summons. The charge is Byelaw 17(1) of the Transport for London Railway Byelaws, and I'm to plead guilty or not guilty. It also says I can consult legal representative. Just wondering if anyone knows of any reputable solicitors I can contact?

 

[jfollows]

If you search the forum for “solicitor” you will find many posts, such as

Manak Solicitors

Fare Evasion Solicitors | Kent & London | Manak Solicitors

manaksolicitors.co.uk

Makwanas

Fare Evasion Solicitors London | High Success Rate | TFL Solicitors

www.makwanas.co.uk

http://www.grayhooperholt.co.uk/default.asp?id=30

https://penmansedgwick.com/fare-evasion/

If you are going to plead guilty you may want to ask yourself whether the cost of a solicitor is worth it, but obviously it’s your call.

The list above is a list of solicitors whom we know to have been engaged in similar cases in the past, but of course this is not a specific recommendation for any of them.

You may find posts referring to specific solicitors also if you search for them.