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Caught using my mum's 60+ oyster by TFL

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Forest10

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Hi,


I was caught Last week on the TFL using my mother’s 60+ Oyster card. I was stopped by an inspector who confiscated the card and I have received a letter from TFL saying that legal action may be taken against me. I am now aware how serious my actions were and I regret it so much. I am planning to respond to the letter and write a very sincere apology.


Could I please get any advice and help on my situation? I really want to avoid this escalating and going to court as I am worried about my career and I want to avoid a criminal record.
 
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notmyrealname

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Hi.

Could you post a copy of the letter on here please, so we can see what you're dealing with? Cover up your name, address and their reference number.
 

Haywain

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Could I please get any advice and help on my situation? I really want to avoid this escalating and going to court as I am worried about my career and I want to avoid a criminal record.
The reality of the situation is that there is a very high probability of this going to court, as it is TfL policy to prosecute the misuse of high value passes. Very occasionally we see cases where the outcome is a warning but these are rare. The good news, such as it is, is that a prosecution would be for a breach of a byelaw which is quite a low level offence, and is only a career limiting problem in certain areas of employment. You will also be fined, at a level calculated in line with your income.
 

Forest10

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Would you suggest seeking advice from a solicitor at this stage? I have read about similar situations on the forum where people have written to the TFL and have been able to avoid going to court. Do you advise I do the same? I really want to avoid a prosecution as I am afraid it will affect my career.
 

Haywain

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Would you suggest seeking advice from a solicitor at this stage? I have read about similar situations on the forum where people have written to the TFL and have been able to avoid going to court. Do you advise I do the same? I really want to avoid a prosecution as I am afraid it will affect my career.
What is the nature of your career? Without knowing this we can't advise on whether this is likely to adversely affect you.
 

najaB

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Could I please get any advice and help on my situation? I really want to avoid this escalating and going to court as I am worried about my career and I want to avoid a criminal record.
Given that it's TfL, involves misuse of a discounted photo-based Oyster product, and your actions were deliberate the only realistic advice that we can provide is to start saving for the fine and check with your union or similar to find out what their policy is around criminal convictions.

The chance of this being settled out of court is somewhere between slim and none.
 

Hadders

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Welcome to the forum!

Transport for London take misuse of Freedom Passes very seriously and a prosecution under the TfL Bylaws is the usual outcome.

It's important that you reply promptly to the Verification Letter as this is your opportunity to give any mitigating circumstances which you would like them to take into account when deciding how to proceed.

I suggest you mention the following in your reply:

- That you are sorry for what has happened
- What you have learned from the incident
- That you are keen to settle the matter without the need for court action
- Offer to pay the outstanding fare and TfL's administrative costs in dealing with the matter

TfL generally do not offer out of court settlements although in some very limited circumstances they have been known to issue a final warning instead of prosecution. Prosecutions are normally done through what is called a Single Justice Procedure Notice. This means that if you plead guilty it is not necessary to attend court in person (unless you choose to do), you simply return the form to the court with any mitigation you want them to tae into account and they will write to you with the details of the fine you have to pay.

If you are prosecuted and plead guilty (or are found guilty by the court) then you will have to pay:

- A fine based on your income (typically discounted by a third if you plead guilty at the earliest opportunity)
- A surcharge of 40% of the value of the fine
- A contribution towards TfL's costs
- Compensation for the fares avoided

If you are found guilty then this is a criminal conviction. If you are prosecuted under the TfL Bylaws (which is what normally happens) then the conviction isn't normally recorded on the Police National Computer and won't normally appear on Basic DBS checks. A criminal conviction for a railway ticketing matter won't normally affect future career prospects although we always advise people to be honest when asked if they have a conviction.

The decision on whether to use a solicitor is only one that yiou can make. A solicitor cannot changed what happened although they might be able to present your mitigation in a better way than you feel able to do yourself. On the other hand, the cost of a solicitor isn't cheap and if you do use a solicitor and end up getting prosecuted then you will still have to pay their costs as well as the fine and costs imposed by the court.

If you decide not to use a solicitor then feel free to post a draft copy of your reply in this thread and we will be happy to proof read it for you.

Here's a link to TfL's Revenue Enforcement & Prosecutions Policy which you might find worth reading:

 
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