Caught using my mum's 60+ oyster.

[franow]

I was caught using my mum's over 60s oyster travelling. I admit I shouldn't have at all. I'm a first year nursing student and in the efforts of saving a few pennies I'm faced possibly faced with prosecution and I will be kicked off my course and barred from ever practising nursing (my absolute passion). I am panick stricken right now and don't know what to do.

I was stopped and questioned and fully complied with the officer, the officer also saw the fare histories and I admitted I was the one using the oyster. I gave my details and apologised for doing this. The officer assured me that this will not impact my career or my studies if I comply with the investigation which I stated I will and a letter will come in the post giving me more information. I received this letter in the post today stating this and I am thinking the worst.

I want to respond to the letter disclosing fully what I have done and apologising for my actions. What would be the best course of action to settle this issue outside of court/ legally? I am more than happy to pay a hefty fine and work with TFL.

Any help would be greatly appreciated.

 

[John R]

Welcome to the forum, even if you’d rather not be here!

It’s certainly a good idea to respond honestly, and apologetically. But unfortunately TfL treat misuse of high value passes, such as Freedom Passes, very seriously, and prosecution is usually the result. The fact that you have been doing this for some time won’t help your case either. There’s an ongoing case here, where you can see that an apologetic letter hasn’t dissuaded TfL from prosecuting.

Used someone else’s 16+ Zip Card

Hello. I was caught using my sisters 16+ zip card on friday and have just received a letter from tfl about it. I am unsure what to do from here. Some context: I am 20 Unemployed Gap year before university I feel so guilty for doing what I did, and havent slept properly or eaten properly all...

www.railforums.co.uk

So I think we need to manage your expectations as to the potential outcome here, but all you can do is put together a well crafted letter, and if you post a draft here we’ll be very happy to give you feedback before you submit it.

 

[Fawkes Cat]

You should also get in touch with your students union and (if you're a member) your trade union (probably RCN or Unison) urgently. Your university and (if already placed) hospital may well have rules about knowing about things like this - and the student/trade union should be able to advise you on what you need to tell the university/hospital and when.

Our general understanding is that for nursing things like this will not get you thrown off your course or make you unemployable - but you do need to follow the rules about letting the authorities know about being under investigation/being convicted. That's because failing to admit to it when you should is dishonesty of itself - and if you will hide something like this, what might you do if you made a medical mistake at work?

 

[Hadders]

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.

The letter you've been sent is TfL's standard verification letter and is your opportunity to tell TfL anything you want them to take into consideration before they decide 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 after plading not guilty) then you will have to pay:

- A fine based on your income
- 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 although we always advise people to be honest when asked if they have a conviction. As noted above I suggest contacting your student union and/or trade union as you need to know whether you need to disclose a conviction to your college/university.

A criminal conviction for a railway ticketing matter won't normally affect future career prospects but the important thing is to be honest about it if asked. The real issue comes if you don't disclose it when you should.

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

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

 

[Pushpit]

TfL takes a tough line and my suspicion is that because they deal with so many cases it's like a machine, one way of operating. There are a few cases of people being given something akin to a final warning, but not many and it's difficult to work out why they avoid prosecution. You should try to get an out of court settlement, using the advice above, but realistically it may not happen in your case.

None of this is going to be good news to you, and yes, it is going to make your life difficult for a while, these things have consequences. But I'm going to assume you have learned your lesson here, and once you go through the next few weeks, the stress and pressure will pass. It's unlikely you will be kicked off your course (and it's the same if you are a TNA / NA or direct entry via uni) but you will have some difficult conversations ahead of you. With candour and mature reflection, I doubt it will get in the way of your career in the end. Deception got you into trouble, honesty will get you out of it. We need nurses, some people make mistakes, we live and we learn. You may want to start the process by having a conversation with someone in your uni who you can trust, such as a welfare officer, chaplain or similar, who can make discreet enquiries (if they haven't come across it before already!).

 

[franow]

Thank you pushpit for your detailed reply. I'm more than happy to face the consequences of my actions without it being detrimental to my future progress because quite frankly I love nursing and don't know what else my calling is. I've been trying to get onto this course for over 3 years and having the possibility of things not being able to progress has left me in an absolute state today.

I'm attempting to draft my response to tfl in the hopes that I can work with them and settle this out of court. I'll post this as soon as I can.

TfL takes a tough line and my suspicion is that because they deal with so many cases it's like a machine, one way of operating. There are a few cases of people being given some akin to a final warning, but not many and it's difficult to work out why they avoid prosecution. You should try to get an out of court settlement, using the advice above, but realistically it may not happen in your case.

None of this is going to be good news to you, and yes, it is going to make your life difficult for a while, these things have consequences. But I'm going to assume you have learned your lesson here, and once you go through the next few weeks, the stress and pressure will pass. It's unlikely you will be kicked off your course (and it's the same if you are a TNA / NA or direct entry via uni) but you will have some difficult conversations ahead of you. With candour and mature reflection, I doubt it will get in the way of your career in the end. Deception got you into trouble, honesty will get you out of it. We need nurses, some people make mistakes, we live and we learn. You may want to start the process by having a conversation with someone in your uni who you can trust, such as a welfare officer, chaplain or similar, who can make discreet enquiries (if they haven't come across it before already!).

 

[30907]

Thank you pushpit for your detailed reply.

One small point - even for an offence like this, TfL tend to prosecute for travelling without a valid ticket on the one occasion you were caught. This is an offence against their Byelaws, and the least severe option open to them.

I'm more than happy to face the consequences of my actions without it being detrimental to my future progress because quite frankly I love nursing and don't know what else my calling is.
I've been trying to get onto this course for over 3 years and having the possibility of things not being able to progress has left me in an absolute state today.

Sounds as if you need someone to confide in, as has been suggested, but you could also check out your professional body's website - I am fairly sure there is guidance.

 

[franow]

Here is the response I have crafted.

Dear tfl,

I would like to accept committing an offence on Saturday 4th of May 2024 using the over 60’s oyster zip card. I was co-operative and compliant during the initial stop from your revenue officer and provided him with all the necessary details. After the incident I took the time to understand the gravity of the offence I had committed as I was not aware of the implications. I now understand this is a non transferrable item and spoke with my colleagues who informed me of the steep number of fare evasions and the revenue that TFL loses annually because of it. I have understood how this directly contributes to loss of wages and strikes which impact the general public, who I aim to support. I have taken action to ensure that I will not re-offend by using a student Oyster card and acquiring for financial aid from my college which will help me pay for any future transport costs when using TfL services.

I informed my mother of this matter after it had happened who rightfully was disappointed in my actions and usage of her freedom pass. I have apologised to her for taking it and have attempted to cover the cost of her fares going to work because it was confiscated due to my actions. I have never been in trouble with the law and have no criminal convictions. Prosecution would adversely affect my future in wanting to support vulnerable people and supporting all members of my community. I am a first year mental health nursing student. I am also the main provider to my mother who works as a primary school catering assistant and is paid below the minimum wage. I have aspired to change our situation to be able to support her by pursuing a career in nursing. I cannot begin to explain the remorse that I feel, knowing what I have done is completely wrong. I apologise to anyone involved who has been affected by my actions.

I understand the seriousness of the situation I am in, having not been on the wrong side the law before I plead that TfL move to settle this matter out of court as I know the severity of my actions and believe I should compensate for them. I would be inclined to pay for any unpaid fares, the administration cost for bringing this case forward and any other charges that TfL deem appropriate. The result of the case proceeding to a prosecution would have life changing ramifications. I am able to provide my personal tutor’s details as a character reference

Thank you for taking the time to read this email.

Kind regards,
(name)

 

[Pushpit]

It is a good draft, if a little artificial in places. There again these letters need to look like your letter as opposed to being mangled by a bunch of randoms off the internet. The two things that leap out at me and I think should be changed are
1) Mum getting less than minimum wage - that's illegal and the recipient will think "is this correct? What else is incorrect?". I suspect you mean that her hours are not full time hence overall she is on less than minimum wage as expressed on a 37 hour week. But it's a side detail, so I would just change it to "is paid on the minimum wage"
2) "I would be inclined to pay for any unpaid fares", well, yes, one would hope so too. But it's no favour from you, you have to virtually beg for that offer. I would change that to "I would very grateful if I could be allowed to pay for any unpaid fares...."

It's definitely worth a try, but be aware that TfL tends to take a tough line.

 

[AlterEgo]

Here is the response I have crafted.

It has vanished. Where is it?

 

[franow]

Apologies, I was just editing it again.

Dear tfl,

It has vanished. Where is it?

I would like to accept committing an offence on x day using the over 60’s oyster zip card. I was co-operative and compliant during the initial stop from your revenue officer and provided him with all the necessary details. After the incident I took the time to understand the gravity of the offence I had committed as I was not aware of the implications. I now understand the oyster cards was a non transferrable item and spoke with my colleagues who informed me of the steep number of fare evasions and the revenue that TFL loses annually because of it. I have understood how this directly contributes to loss of wages and strikes which impact the general public, who I aim to support. I have taken action to ensure that I will not re-offend by using a student Oyster card and acquiring for financial aid from my college which will help me pay for any future transport costs when using TfL services.



I informed my mother of this matter after it had happened who rightfully was disappointed in my actions and usage of her freedom pass. I have apologised to her for taking it and have attempted to cover the cost of her fares going to work because it was confiscated due to my actions. I have never been in trouble with the law and have no criminal convictions. Prosecution would adversely affect my future in wanting to support vulnerable people and supporting all members of my community. I am a first year mental health nursing student. I am also the main provider to my mother who works as a primary school catering assistant and is paid the minimum wage. I have aspired to change our situation to be able to support her by pursuing a career in nursing. I cannot begin to explain the remorse that I feel, knowing what I have done is completely wrong. I apologise to anyone involved who has been affected by my actions.



I understand the seriousness of the situation I am in, having not been on the wrong side the law before I plead that TfL move to settle this matter out of court as I know the severity of my actions and believe I should compensate for them. I would be grateful to pay for any unpaid fares, the administration cost for bringing this case forward and any other charges that TfL deem appropriate. The result of the case proceeding to a prosecution would have life changing ramifications. I am able to provide my personal tutor’s details as a character reference



Thank you for taking the time to read this email.



Kind regards,

(name)

 

[AlterEgo]

Apologies, I was just editing it again.

Dear tfl,




I would like to accept committing an offence on x day using the over 60’s oyster zip card. I was co-operative and compliant during the initial stop from your revenue officer and provided him with all the necessary details. After the incident I took the time to understand the gravity of the offence I had committed as I was not aware of the implications. I now understand the oyster cards was a non transferrable item and spoke with my colleagues who informed me of the steep number of fare evasions and the revenue that TFL loses annually because of it. I have understood how this directly contributes to loss of wages and strikes which impact the general public, who I aim to support. I have taken action to ensure that I will not re-offend by using a student Oyster card and acquiring for financial aid from my college which will help me pay for any future transport costs when using TfL services.



I informed my mother of this matter after it had happened who rightfully was disappointed in my actions and usage of her freedom pass. I have apologised to her for taking it and have attempted to cover the cost of her fares going to work because it was confiscated due to my actions. I have never been in trouble with the law and have no criminal convictions. Prosecution would adversely affect my future in wanting to support vulnerable people and supporting all members of my community. I am a first year mental health nursing student. I am also the main provider to my mother who works as a primary school catering assistant and is paid the minimum wage. I have aspired to change our situation to be able to support her by pursuing a career in nursing. I cannot begin to explain the remorse that I feel, knowing what I have done is completely wrong. I apologise to anyone involved who has been affected by my actions.



I understand the seriousness of the situation I am in, having not been on the wrong side the law before I plead that TfL move to settle this matter out of court as I know the severity of my actions and believe I should compensate for them. I would be grateful to pay for any unpaid fares, the administration cost for bringing this case forward and any other charges that TfL deem appropriate. The result of the case proceeding to a prosecution would have life changing ramifications. I am able to provide my personal tutor’s details as a character reference



Thank you for taking the time to read this email.



Kind regards,

(name)

On the bolded part, I don't think you can claim ignorance that a 60+ Oyster is non transferable. The clue is in the name, and the fact it has a name and photo on it, and you later basically admit in the same correspondence to taking it without the holder's consent.

 

[franow]

On the bolded part, I don't think you can claim ignorance that a 60+ Oyster is non transferable. The clue is in the name, and the fact it has a name and photo on it, and you later basically admit in the same correspondence to taking it without the holder's consent.

Thanks for this pointer. I have amended it accordingly. Is there anything else I should add or take away?

 

[30907]

Thanks for this pointer. I have amended it accordingly. Is there anything else I should add or take away?

It's on the long side and below I have ruthlesslyvstruck through sentences that are superfluous, repetitive or class as "sob-story" - the person reading it will have limited time so keeping it short helps.
Please ignore any, all or some of my suggestions though, and check that the result makes sense - it is your letter.

I would like to accept committing an offence on x day using the over 60’s oyster zip card. I was co-operative and compliant during the initial stop from your revenue officer and provided him with all the necessary details. After the incident I took the time to understand the gravity of the offence I had committed as I was not aware of the implications. I now understand the oyster cards was a non transferrable item and spoke with my colleagues who informed me of the steep number of fare evasions and the revenue that TFL loses annually because of it. I have understood how this directly contributes to loss of wages and strikes which impact the general public, who I aim to support. I have taken action to ensure that I will not re-offend by using a student Oyster card and acquiring for financial aid from my college which will help me pay for any future transport costs when using TfL services.



I informed my mother of this matter after it had happened who rightfully was disappointed in my actions and usage of her freedom pass. I have apologised to her for taking it and have attempted to cover the cost of her fares going to work because it was confiscated due to my actions. I have never been in trouble with the law and have no criminal convictions. Prosecution would adversely affect my future in wanting to support vulnerable people and supporting all members of my community. I am a first year mental health nursing student. I am also the main provider to my mother who works as a primary school catering assistant and is paid the minimum wage. I have aspired to change our situation to be able to support her by pursuing a career in nursing. I cannot begin to explain the remorse that I feel, knowing what I have done is completely wrong. I apologise to anyone involved who has been affected by my actions.



I understand the seriousness of the situation I am in, having not been on the wrong side the law before I plead that TfL move to settle this matter out of court as I know the severity of my actions and believe I should compensate for them. I would be grateful to pay for any unpaid fares, the administration cost for bringing this case forward and any other charges that TfL deem appropriate. The result of the case proceeding to a prosecution would have life changing ramifications. I am able to provide my personal tutor’s details as a character reference

 

[AlbertBeale]

Re this draft....

I would like to accept committing an offence on x day using the over 60’s oyster zip card. I was co-operative and compliant during the initial stop from your revenue officer and provided him with all the necessary details. After the incident I took the time to understand the gravity of the offence I had committed as I was not aware of the implications. I now understand the oyster cards was a non transferrable item and spoke with my colleagues who informed me of the steep number of fare evasions and the revenue that TFL loses annually because of it. I have understood how this directly contributes to loss of wages and strikes which impact the general public, who I aim to support. I have taken action to ensure that I will not re-offend by using a student Oyster card and acquiring for financial aid from my college which will help me pay for any future transport costs when using TfL services.


I informed my mother of this matter after it had happened who rightfully was disappointed in my actions and usage of her freedom pass. I have apologised to her for taking it and have attempted to cover the cost of her fares going to work because it was confiscated due to my actions. I have never been in trouble with the law and have no criminal convictions. Prosecution would adversely affect my future in wanting to support vulnerable people and supporting all members of my community. I am a first year mental health nursing student. I am also the main provider to my mother who works as a primary school catering assistant and is paid the minimum wage. I have aspired to change our situation to be able to support her by pursuing a career in nursing. I cannot begin to explain the remorse that I feel, knowing what I have done is completely wrong. I apologise to anyone involved who has been affected by my actions.


I understand the seriousness of the situation I am in, having not been on the wrong side the law before I plead that TfL move to settle this matter out of court as I know the severity of my actions and believe I should compensate for them. I would be grateful to pay for any unpaid fares, the administration cost for bringing this case forward and any other charges that TfL deem appropriate. The result of the case proceeding to a prosecution would have life changing ramifications. I am able to provide my personal tutor’s details as a character reference


I presume "acquiring for", above, should be "enquiring about", or similar.

 

[flythetube]

The pass concerned is mentioned in Paragraph 1 as a 60+ Zip Card (Zip Cards are the Green range of various age groups up to 18

Then in paragraph 2 the pass concerned is mentioned as my mothers Freedom Pass when it states she was disappointed by the OP’s use of said pass.

Try to be consistent as to the type of pass concerned !!