TfL will almost certainly not settle out of court. This is one step before a summons or requisition will arrive for you informing you of the court date.
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Caught Using My Son's Oyster
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AlbertBeale
Established Member
Concerning the draft reply shown - I don't think referring to "carelessness" and "being ignorant of the law" is much help here. It wasn't a careless mistake, it was a deliberate use of a discount card belonging to someone else - the card was obviously not yours, and you're obviously not a child who's entitled to the child fares. It must be plain to anyone that that's not allowed. The only (slight) chance of not being prosecuted is to admit what's happened and be contrite enough that they're sure you won't do it again. But, as has been said, it's very very rare not to be prosecuted in a case like this.
The two possible outcomes are that you get summoned to court or you get off with a warning. There is just about never a scenario with TfL where you pay money (howsoever described) and not go to court.
A SJPN is simpler - it deals with one offence only and you can reply on paper and not have to attend.
A requisition is necessary if they detect other offences and you wish them to be taken into consideration - that is, you admit to travelling at other times using the card. Taking into consideration means the court will sentence you and apply for compensation for all the avoided fares but will deal with them all in one go, so the company can't come after you for other historic offences after the fact. You will normally need to attend if this is the case.
Is there posibilty of going to jail?
No. For Bylaw offences (which TfL prosecute under) this is not an option. The disposal is a fine, linked to your income.
Sorry can you explain further I cannot understand.
No - means no jail time?
What do you mean by disposal is fine linked to income
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I understand now, this means there is no jail time if tfl prosecute through by laws? And the disposal of the case is a fine that will linked to my income and still I will get a criminal record?
Yes, that is correct. The impact of that criminal record is something you can get help with with the charity Unlock, as the consequences of a criminal record vary for everyone. They have definitive guidance that will help you and be relevant to you.
ikcdab
Member
"Disposal" just means the sentence. And the fine is determined by what you can afford based on your income. Bear in mind that the fine is on top of the penalty and admin fee payable to the railway company.
I will just be a different voice here, just to hopefully put your mind at rest a little.
The very worst case scenario you will face is a criminal record and a fine, linked partly to your income. In addition to the fine, as a punishment, there is a victims' surcharge, court costs and TfL's costs. TfL will also seek to recover the fares that you did not pay. That may come to a lot of money, but the courts will allow you to pay it in instalments if you cannot afford to pay it all at once.
Though technically there is a possibility of going to jail, it just doesn't happen. Not right now when the prisons are full anyway, and not anytime. You will not go to prison at all. You just need to cooperate with the system.
That was the bad news. The better news is that this is a problem, but it's not the end of the world. It's a low level crime, you will have to accept the punishment and after a while you will be able to move on. So long as you don't act dishonestly again, all will be OK eventually.
In terms of visa advice, you will have read the forum's position on that. There is guidance on the issue on the website of a respected UK charity NACRO.
This help me a lot. Thank you so much..
It is not in your interests to remind them of your case. They have up to six months, and it is in your interests to hope they make an error or forget about the case somehow.
Don't say anything. Leave the matter alone, and don't do anything unless you receive correspondence from them.
Fawkes Cat
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By 'acknowledgement sent by the prosecution' do you mean that they have confirmed receiving your email? If so, then you know they have received it, and it's up to them to get in touch with you.
Read the reply by user AlterEgo above
Yes they have seng an acknowledgement. Thank you gor your response. Usually how many months does it take to finish the case?
Fawkes Cat
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Practically speaking, TfL have six months from when they caught you to start court action. And then it's also possible that it might take a few days or weeks for the court papers to get to you. So you can't be certain that you're in the clear until maybe seven months have passed.
So a practical way to time it is that if you haven't heard anything by the end of December 2024, then TfL won't take it further.
Thank you for your response. Maybe I should just wait, its been 3 mos now, and I havent received anything apart from the acknowledgement letter sent by the prosecution.
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I received this documents today, can someone enlighten me please.
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On the financial statement, are they going to call the employer? Thats what im trying to avoid.
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Please help me on how to complete the forms propertly, I believe I have very limited understanding to this. That I might mess this up again.
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Please help me on how to complete the forms propertly, I believe I have very limited understanding to this. That I might mess this up again.
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TfL wont call your employer but what you put down there must be true. (It is a criminal offence to conceal income when it is used to calculate your fine)
Note that they are seeking compensation too for all of the fares avoided, not just the time you were stopped.
spotify95
Member
Firstly, the first and third image shows your name on it (as well as a case number) so you might want to check all of your documents and re-upload them with your name/case numbers etc removed for privacy reasons.
Secondly, this looks like a court summons. There is nowhere on the paperwork that says you can plead guilty by post, it says "I intend to plead guilty ... and will attend court on the date of the hearing". This means that you need to attend court on the date/time they have stated for your hearing. The court would almost certainly find you guilty so it is best to enter a guilty plea.
The financial statement part is due to the fine and victim surcharge element being income based: the court fine is based on your income (so the court needs to know this) and the victim surcharge is 40% of the fine level.
Edit: Just checked and you will need to pay:
A fine - based on your income
Surcharge - 40% of the fine
Court costs - TFL have stated they want £375 for this
Compensation - £846.60 in unpaid fares
They indicated £846.60 is that the total amount?
spotify95
Member
The £846.60 is for the fares avoided. There will also be £375 in court costs and other related costs, plus the fine and surcharge (which are based on your income).
Ohh..
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Thank you for your answer, what should I put in total savings? Will they check my bank?
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