Caught using brothers oyster

[meenaNuri7]

Hi ive recently been caught using my brother’s oyster card and wanted to see if theres anyone here who know anyone whos in the same position and what was their outcome? Im already stressed as it is so please dont comment anything bad

 

[Hadders]

We need to know more information to be able to offer appropriate advice.

I assume your brother's Oyster card has a discount or free travel applied to it?
Where did this happen?
What was said to you by the person who caught you?
How old are you? Are you entitled to your own discounted Oyster card?
How many times have you used this card?

Transport for London will write to you saing that they have received a report of fare evasion and invite you to provide an explanation or comment. You can also tell them about any mitigating factors you might want them to consider.

TfL normally take a dim view of this sort of thing and it is likely you will be prosecuted in the Magistrates Court for an offence under the Transport for London Bylaws. In certain limited circumstances TfL has been known to offer a final warning.

Further details can be found on page 10 of TfL's Recenue Enforcement and Prosecutions Policy:

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

 

[meenaNuri7]

We need to know more information to be able to offer appropriate advice.

I assume your brother's Oyster card has a discount or free travel applied to it?
Where did this happen?
What was said to you by the person who caught you?
How old are you? Are you entitled to your own discounted Oyster card?
How many times have you used this card?

Transport for London will write to you saing that they have received a report of fare evasion and invite you to provide an explanation or comment. You can also tell them about any mitigating factors you might want them to consider.

TfL normally take a dim view of this sort of thing and it is likely you will be prosecuted in the Magistrates Court for an offence under the Transport for London Bylaws. In certain limited circumstances TfL has been known to offer a final warning.

Further details can be found on page 10 of TfL's Recenue Enforcement and Prosecutions Policy:

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

Yes it was a discounted travel card 11-15.
I am a 20 year old university student and i had lost my oyster card several times. I had reported it missing after the incident and had used his like 4/5 times in march for when i forgot my bank card at home as it was always in my pocket as id drop him to

 

[island]

as the career path in accounting requires an enhanced dbs check

It doesn't.

 

[meenaNuri7]

It doesn't.

In my contract it says they will conduct an enhanced dbs

 

[WesternLancer]

Yes it was a discounted travel card 11-15.
I am a 20 year old university student and i had lost my oyster card several times. I had reported it missing after the incident and had used his like 4/5 times in march for when i forgot my bank card at home as it was always in my pocket as id drop him to skl on the bus and bring him back as he has a habit of losing it so id look after it.
The person who caught me said that id receive a letter and be given a warning a fine or go to court.
But i’ve recently signed a contract for an accounting firm and if i receive a criminal record ive wasted 3 years at university as the career path in accounting requires an enhanced dbs check.
Since yday, ive been crying even fainted after reading all these forums and my mum has signed me up for therapy.
Im in my final year at university and have exams in 2 months and i understand ive made a mistake whole heartedly but it was not in the intention to get a cheaper fare as i simply had forgotten my bank card but i still understand it was wrong.
Im not sure what to do.
Any advice? Im thinking of speaking to my university for legal advice and maybe contact solictors?

Some practical advice would be to seek help from your student union advice centre or university advice centre to see if they can help you with this going forwards. They will have seen lots of cases of students who have broken ticket rules like this and then realised afterwards it could have career impacts on their chosen area of work, and should be able to advice you confidentially, withotu it having an impact on your studies.

Alternatively, you could seek help from a solicitor to try to negotiate with TfL to minimise the impact of what they might try to charge you. We have seen cases on here with TfL where this has resulted in settlements without court action, although TfL do take this sort of thing very seriously.

So yes, definitely speak to your university or students union for advice. Then depending on what they say you can consider contacting a solicitor. It's possible that the student union may have an arrangements with a firm of solicitors who would give reduced or free advice to you - so ask them about that before you go to a solicitor. As you have not heard from TfL yet, or actually been threated with any court action yet, you have plenty of time to seek advice, so try not to worry too much now.

Obviously make sure form now on that your have the correct ticket every time you travel.

 

[island]

In my contract it says they will conduct an enhanced dbs

The law says they can't, and the law outranks contracts. Accountancy only qualifies for a standard DBS check, and then only upon entry to the profession.

Even if you do get a conviction, and even if it does appear on a DBS check, that is not the end of the world. Most organisations understand people are not perfect and as long as you declare your conviction at the appropriate point so that they find out about it from you, not from the certificate, you are unlikely to be barred from the profession.

 

[meenaNuri7]

Some practical advice would be to seek help from your student union advice centre or university advice centre to see if they can help you with this going forwards. They will have seen lots of cases of students who have broken ticket rules like this and then realised afterwards it could have career impacts on their chosen area of work, and should be able to advice you confidentially, withotu it having an impact on your studies.

Alternatively, you could seek help from a solicitor to try to negotiate with TfL to minimise the impact of what they might try to charge you. We have seen cases on here with TfL where this has resulted in settlements without court action, although TfL do take this sort of thing very seriously.

So yes, definitely speak to your university or students union for advice. Then depending on what they say you can consider contacting a solicitor. It's possible that the student union may have an arrangements with a firm of solicitors who would give reduced or free advice to you - so ask them about that before you go to a solicitor. As you have not heard from TfL yet, or actually been threated with any court action yet, you have plenty of time to seek advice, so try not to worry too much now.

Obviously make sure form now on that your have the correct ticket every time you travel.

Thank you. I have extremely bad mental health so i go into dark places when stuff like this happens but honestly thank u so much. Ill ask for advice and i cant afford a solictor i saw online it can range up to £700 so hopefully the uni can help

 

[meenaNuri7]

The law says they can't, and the law outranks contracts. Accountancy only qualifies for a standard DBS check, and then only upon entry to the profession.

Even if you do get a conviction, and even if it does appear on a DBS check, that is not the end of the world. Most organisations understand people are not perfect and as long as you declare your conviction at the appropriate point so that they find out about it from you, not from the certificate, you are unlikely to be barred from the profession.

Which law is this??

 

[spag23]

And make sure TfL have the correct address for you for the next six months, the period within which they will write to you. If their letter goes astray (due to your moving or shared accommodation etc) and unanswered, they will almost certainly instigate the court proceedings that might have been avoided by your prompt engagement with the process.

 

[island]

Which law is this??

The Rehabilitation of Offenders Act 1974 Exceptions Order 1975 and the Police Act 1997 Criminal Records Regulations 2002.

A more user-friendly guide can be read on the gov.uk website, search for "DBS Eligibility guidance".

 

[WesternLancer]

Thank you. I have extremely bad mental health so i go into dark places when stuff like this happens but honestly thank u so much. Ill ask for advice and i cant afford a solictor i saw online it can range up to £700 so hopefully the uni can help

Yes, start off with the uni / students union and see what they say. You can also ask them what they say about seeking advice from a solicitor, if they can't help directly with that. It's not always best to just look on line for things like that. And although the situation is not good do not worry excessively about it. Lots of people will have done things like this in the past, and it will not have ruined their careers.

As things progress - eg when you get any letters from TfL for example, if you are not clear what they are saying, or you need the content explaining or what to do about them, head back here for advice on that as people will be happy to help. If people ask you questions it will not be because they are judging you, but because by getting clear info from you it will help give you the best advice that people can here on this forum.

 

[william.martin]

Yes it was a discounted travel card 11-15.
I am a 20 year old university student and i had lost my oyster card several times. I had reported it missing after the incident and had used his like 4/5 times in march for when i forgot my bank card at home as it was always in my pocket as id drop him to skl on the bus and bring him back as he has a habit of losing it so id look after it.
The person who caught me said that id receive a letter and be given a warning a fine or go to court.
But i’ve recently signed a contract for an accounting firm and if i receive a criminal record ive wasted 3 years at university as the career path in accounting requires an enhanced dbs check.
Since yday, ive been crying even fainted after reading all these forums and my mum has signed me up for therapy.
Im in my final year at university and have exams in 2 months and i understand ive made a mistake whole heartedly but it was not in the intention to get a cheaper fare as i simply had forgotten my bank card but i still understand it was wrong.
Im not sure what to do.
Any advice? Im thinking of speaking to my university for legal advice and maybe contact solictors?

I'm not a fare or mental health expert however don't get too stressed; it will only lead to making poor decisions which may escalate the situation, I would advise indeed speaking to legal advise at your university - my cousin was in a similar situation but with failing a driving test and they certainly helped