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Fawkes Cat
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Hi @Gnbb12 - welcome to the forum!
Please could you start your own thread about your own problem? We find that however similar they look, people's problems are always a bit different from each other, and keeping separate problems in separate threads helps us to avoid getting muddled.
ChewChewTrain
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Please upload a copy of the letter you received, with identifying details redacted. Please also give an account of what happened, including what journey you were making and where you were stopped. Was this the first time you had used the card?
Frankly, misuse of high-value passes is something TfL take very seriously, and it’s more likely than not that you’ll be prosecuted. The legitimate owner of the nominee pass may also face some questions. But if you fill us in as above then we’ll do what we can to assist.
Frankly, misuse of high-value passes is something TfL take very seriously, and it’s more likely than not that you’ll be prosecuted. The legitimate owner of the nominee pass may also face some questions. But if you fill us in as above then we’ll do what we can to assist.
Everyone has their bank card in their wallet.
What are you doing with someone else’s nominee card? I advise you to think carefully about the believability of your defence because TfL do not mess about and will prosecute you.
Haywain
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So what would your bank card be doing in his wallet? Can you see how this looks?
Elecman
Established Member
So are you saying you intended to use his bank card but accidently presented his the Nominee card to the Oyster Reader by mistake instead?
I am somewhat confused by this and may be labouring under a misunderstanding.
Employees are given a staff oyster card and they can nominate someone else to hold a nominee card.
On that basis your partners nominee card is a nominee card they have been nominated to have by someone else (an employee) who is not you.
Your use of the nominee card is against the rules and is treated very seriously by TfL.
You will have to convince TfL that use of the card was an error on your part but this presents a mountain to climb because they will enquire how you were in possession of the card in the first place.
If the card holder gave it to you or you took it with their knowledge then not only are you in trouble but also the card holder and the staff member.
If you took it without the card holders permission then this could be viewed as tantamount to theft - a serious matter indeed.
EDIT just seen the other posts posted whilst I was writing this reply.
Using your partners bank card undermines the whole security of the card and the associated bank account but that is not the issue.
It furthers calls into question your actions and whether your use of the card was known about by the card holder.
I am genuinely not sure what advice we can give other than to apologise most sincerely whilst somehow endeavouring to convince them it was a mistake but as I am sure you realise the opposite construct of events - that you were doing this deliberately to avoid paying the fare - is equally if not more likely the explanation for this event.
When TfL analyse the card usage are they going to see similar journeys (start and finish, time of travel) as the one when you were caught using the nominee card?
If so it becomes even more unlikely that your usage was a mistake.
@Hadders usually gives appropriate guidance and advice and doubtless he will join the conversation sometime soon.
Employees are given a staff oyster card and they can nominate someone else to hold a nominee card.
On that basis your partners nominee card is a nominee card they have been nominated to have by someone else (an employee) who is not you.
Your use of the nominee card is against the rules and is treated very seriously by TfL.
You will have to convince TfL that use of the card was an error on your part but this presents a mountain to climb because they will enquire how you were in possession of the card in the first place.
If the card holder gave it to you or you took it with their knowledge then not only are you in trouble but also the card holder and the staff member.
If you took it without the card holders permission then this could be viewed as tantamount to theft - a serious matter indeed.
EDIT just seen the other posts posted whilst I was writing this reply.
Using your partners bank card undermines the whole security of the card and the associated bank account but that is not the issue.
It furthers calls into question your actions and whether your use of the card was known about by the card holder.
I am genuinely not sure what advice we can give other than to apologise most sincerely whilst somehow endeavouring to convince them it was a mistake but as I am sure you realise the opposite construct of events - that you were doing this deliberately to avoid paying the fare - is equally if not more likely the explanation for this event.
When TfL analyse the card usage are they going to see similar journeys (start and finish, time of travel) as the one when you were caught using the nominee card?
If so it becomes even more unlikely that your usage was a mistake.
@Hadders usually gives appropriate guidance and advice and doubtless he will join the conversation sometime soon.
You should tell the truth, but you should also know they have heard it all before and are unlikely to believe it was a mistake. They will also almost certainly prosecute you anyway, I’m afraid; they take a dim view of these offences. They weren’t born yesterday unfortunately.
Welcome to the forum!
Transport for London take misuse of Nominee Passes very seriously and the normal outcome is for them to prosecute in the Magistrates Court under the TfL Bylaws. In addition, your partner is going to have some very difficult questions to answer at work about how their Nominee Pass was able to be used by you. They could end up having their travel facilities withdrawn and could even face dismissal. If they haven’t already done so they should speak to their union rep as a matter of urgency.
Transport for London do not normally offer out of court settlements for misuse of High Value Passes. Occasionally they offer a Final Warning but this is highly unlikely where misuse of a Nominee Pass is involved. There is nothing stopping you from requesting the matter be dealt with out of court but do not expect the case to be resolved this way.
If you plead guilty, or are found guilty following a trial then you will have to pay:
- A fine based on your income (usually reduced by a third if you plead guilty at the earliest opportunuity)
- A surcharge of 40% of the value of the fine
- A contribution towards TfL's costs in bringing the case to court
- Compensation for the fares avoided
A Bylaw conviction is a crininal conviction and ordinarily won't show on a basic DBS check although we would always recommend being truthful if asked if you have a conviction.
Feel free to upload a copy of your draft reply in this thread and forum members will be happy to proof read it for you.
Transport for London take misuse of Nominee Passes very seriously and the normal outcome is for them to prosecute in the Magistrates Court under the TfL Bylaws. In addition, your partner is going to have some very difficult questions to answer at work about how their Nominee Pass was able to be used by you. They could end up having their travel facilities withdrawn and could even face dismissal. If they haven’t already done so they should speak to their union rep as a matter of urgency.
Transport for London do not normally offer out of court settlements for misuse of High Value Passes. Occasionally they offer a Final Warning but this is highly unlikely where misuse of a Nominee Pass is involved. There is nothing stopping you from requesting the matter be dealt with out of court but do not expect the case to be resolved this way.
If you plead guilty, or are found guilty following a trial then you will have to pay:
- A fine based on your income (usually reduced by a third if you plead guilty at the earliest opportunuity)
- A surcharge of 40% of the value of the fine
- A contribution towards TfL's costs in bringing the case to court
- Compensation for the fares avoided
A Bylaw conviction is a crininal conviction and ordinarily won't show on a basic DBS check although we would always recommend being truthful if asked if you have a conviction.
Feel free to upload a copy of your draft reply in this thread and forum members will be happy to proof read it for you.
Thank you will do
== Doublepost prevention - post automatically merged: ==
Should I consult a solicitor
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Fawkes Cat
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As there’s a nominee pass involved, someone (your partner or a relative of theirs) must work for a London transport company. And I guess that whoever is a member of their union.
I’d suggest that they should urgently talk to their union rep - both on their own account and to see if the union rep thinks that you need a solicitor. The rep may well be up to speed with what TfL do about these cases these days and so be able to give up to date advice.
A solicitor can assist you in writing your reply but I wouldn’t expect it to change TfL’s decision on prosecution.
The advice from @Fawkes Cat above is good.
There’s nothing wrong with including the journey history from your own card but be careful to make sure it doesn’t inadvertently make things worse.
For example, let’s say your TfL account to which your bank card is linked shows you travel between the same stations every day around the same time. If gaps appear in your journey history and these gaps correspond with dates and times Nominee Pass was used to make the same journey then this would not look good.
Also, TfL only need to demonstrate to the court that you travelled with an invalid ticket on one occasion.
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