Caught using Student Oyster

[Bjbecky]

Hi
Hope everyone is well.
I was travelling from Elm park to harringay green while travelling on Overground the ticket checker stopped me & checked that whether i have a valid ticket or not.
It was a bad day for me as my wife gave me her student card for the top up which i was in hurry & i tapped it accidentally.
I showed the checker that i have my valid oyster & bank card with me this was done mistakenly as i was in hurry.
She wrote down my details & confiscated my wives card.
She said i will get a letter from tfl in which i can reply my side of story.
I discussed this with my friend he told me that its a criminal conviction & maybe tfl will take me to court.
Can anyone guide me what to do next as we are new to thecountry we are not aware of the rules.
Is there any possibility this can be settled by paying fine?

 

[Snow1964]

Did you have both cards together,
did both accidentally get touched in or scanned

Are you saying you had to wives card as you were taking it to top it up, in which case it is not a ticket provided by someone else.

The rules are you can top up multiple oyster cards for your family members, so obviously allowed to take them with you if not being used. But shouldn't use a personalised card to travel (one with a photo), but you can use any blue oyster with credit in your family to travel (but touch in and out with same card)

 

[WesternLancer]

Is there any possibility this can be settled by paying fine?

Basically no, not unless you were issued with a Penalty Fare then and there. Which it sounds like you were not.

 

[Bjbecky]

Yes i had both cards together
My wives oyster weekly pass was going to end so she gave me to renew again.

 

[Hadders]

Welcome to the forum!

Transport for London take misuse of Student Oyster cards very seriously, and prosecution under the TfL Bylaws is the normal outcome.

They will send you a verification letter asking whether you admit or deny the offence, there is also an opportunity to give any mitigating circumstances you want them to take into account when deciding how to proceed.

Here’s a link to TfL’s Revenue Enforcement and Prosecutions Policy which gives more information.

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

 

[Bjbecky]

Is that any possibility to get fine instead of legal proceedings?
Because this will impact our immigration status.

 

[John R]

From the evidence we have of cases seen here, TfL is unlikely to offer an out of court settlement. But we always advise trying with an appropriately worded letter.

 

[Bjbecky]

Once i will receive letter will update you guys

 

[Hadders]

Is that any possibility to get fine instead of legal proceedings?
Because this will impact our immigration status.

A fine is imposed by a court as a punishment following a conviction. What you want is an out of court settlement which is where you pay a sum of money (that might appear to be a fine but actually isn't), in return for the court proceedings being dropped.

Unfortunately TfL do not normally offer out of court settlements. Prosecution is the normal outcome in a case like this. I suggest a read of the Revenue ENforcement & Porsecutions Policy I linked to in my initial reply.

We are unable to offer advice on your immigration status.

 

[spag23]

To be clear, is the OP claiming that this was a classic "card clash", ie both cards remained in same wallet/holder (unwise but...), and that the wife's one just happened to take precedence at the scanner, perhaps because it was 2mm nearer, with no card intervening to screen it?
Or, as perhaps noted by the inspector, were they in separate pouches?

 

[WesternLancer]

Once i will receive letter will update you guys

All you can do is explain in the mitigating circumstances that you took your wife's card to the station to top it up, and then confused her card for yours and used it by mistake (if I have this correct as to what you did).

You would then have to apologise for this error, explain that you have taken steps not to do it again and ask if they would accept a payment for the correct fare and any costs they have incurred instead of taking the matter to court.

 

[AlterEgo]

You also need to outline exactly how the mistake happened - a student oyster has a photo, for example. If it was in a wallet, say so, and explain how you tapped the wrong one.

 

[Bjbecky]

A fine is imposed by a court as a punishment following a conviction. What you want is an out of court settlement which is where you pay a sum of money (that might appear to be a fine but actually isn't), in return for the court proceedings being dropped.

Unfortunately TfL do not normally offer out of court settlements. Prosecution is the normal outcome in a case like this. I suggest a read of the Revenue ENforcement & Porsecutions Policy I linked to in my initial reply.

We are unable to offer advice on your immigration status.

 

[Hadders]

This is the verification letter I said they would send you.

It’s your version to tell them what happened and give any mitigation before they decide what to do.

Post a copy of your draft reply in this thread and we’ll proof read it for you.

 

[Wasimakram]

Hi
Hope everyone is well.
I was travelling from Elm park to harringay green while travelling on Overground the ticket checker stopped me & checked that whether i have a valid ticket or not.
It was a bad day for me as my wife gave me her student card for the top up which i was in hurry & i tapped it accidentally.
I showed the checker that i have my valid oyster & bank card with me this was done mistakenly as i was in hurry.
She wrote down my details & confiscated my wives card.
She said i will get a letter from tfl in which i can reply my side of story.
I discussed this with my friend he told me that its a criminal conviction & maybe tfl will take me to court.
Can anyone guide me what to do next as we are new to thecountry we are not aware of the rules.
Is there any possibility this can be settled by paying fine?

Hi ,

I faced the same situation today . What was the outcome of your whole situation ?? Can you please guide me too .

 

[methecooldude]

Hi ,

I faced the same situation today . What was the outcome of your whole situation ?? Can you please guide me too .

Please start your own thread, everyone's issue is different and needs different advise