Caught using student oyster

[bcdios]

Hi
Hope everyone is well.
I was traveling on the Elisabeth line when the ticket inspector checked that whether I have a valid ticket or not.
I was using my son’s student oyster, and he noticed by looking at the picture that’s not me. Then The card was seized and I have been asked for my name, address. there was not provided penalty fare at the location. What they told me I will get a letter and maybe I will be sent to court…
Can anyone guide me what to do next? Does anyone know what’s the cost of this kind of fine? Also can my son apply for a new card and mark it as been lost? I have been reading threats on this website, but still I need your point of view. Thank you in advance

 

[notmyrealname]

Hi.

Did the inspector give you anything on paper? The guys here would like to see that so they can advise you. Also, which train company stopped you please?

You need to wait for TfL or the train company to write to you. I'm sure the experts will be here soon to answer your other questions.

 

[Gloster]

If you did receive any paperwork from the inspector, please upload it so the experts can confirm what the situation is, although it may be too early to be sure. Make sure that you obscure your name, address and any other identifying details, such as reference numbers, on the upload.

 

[WesternLancer]

Hi
Hope everyone is well.
I was traveling on the Elisabeth line when the ticket inspector checked that whether I have a valid ticket or not.
I was using my son’s student oyster, and he noticed by looking at the picture that’s not me. Then The card was seized and I have been asked for my name, address. there was not provided penalty fare at the location. What they told me I will get a letter and maybe I will be sent to court…
Can anyone guide me what to do next? Does anyone know what’s the cost of this kind of fine? Also can my son apply for a new card and mark it as been lost? I have been reading threats on this website, but still I need your point of view. Thank you in advance

Hi
when you say 'fine' are you referring to the £100 Penalty Fare signage you often see at stations? I'm afraid you need to appreciate that where they consider cases of deliberate fare evasion going on they are less likely / unlikely to go down that route.

The deliberate mis use of Oyster cards to obtain discounted travel to which you are not entitled is treated very seriously and it seems the case that the default sanction from TfL is prosecution, this means a court fine and costs a well as a criminal record if they go down that route. There is a formula for such court fines which someone will probably be able to outline for you

It may be worth you reading this to get more understanding of their possible approach so you can prepare for potential consequences. Hope this is of some help if perhaps not what you want to hear.

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

 

[6Gman]

Hi
Hope everyone is well.
I was traveling on the Elisabeth line when the ticket inspector checked that whether I have a valid ticket or not.
I was using my son’s student oyster, and he noticed by looking at the picture that’s not me. Then The card was seized and I have been asked for my name, address. there was not provided penalty fare at the location. What they told me I will get a letter and maybe I will be sent to court…
Can anyone guide me what to do next? Does anyone know what’s the cost of this kind of fine? Also can my son apply for a new card and mark it as been lost? I have been reading threats on this website, but still I need your point of view. Thank you in advance

I think it would be very unwise to claim that the card has been "lost" when it had, in fact, been used by a family member and then confiscated by a ticket inspector.

 

[bcdios]

The only paper I got from the inspector was this for traveling to use it today.

 

[furlong]

Are we talking about an '18+ Student Oyster Card' (with your son over 18) or something else?

== Doublepost prevention - post automatically merged: 18 Apr 2024 ==

Secondly what relevant ticket was on the Oyster card for this particular journey?
- a season ticket? pay as you go? a combination of the two?

== Doublepost prevention - post automatically merged: 18 Apr 2024 ==

1) It is normal to prosecute for the single offence when you were caught.
2) They will look at the history of use of the card to try to guess whether or not you have done this before, and if so how often.
3) If they obtain evidence your son lent it to you, he could be prosecuted too and/or they could withdraw it and not let him have another one. (They shouldn't do this if you borrowed it without his knowledge.)
4) They'll want compensation for all the journeys where they think you underpaid.

 

[bcdios]

Yes, an 18+ student oyster card, today was my first day using it since he fly out from the country. It’s a weekly zone 1 to 6 started from yesterday. Yes my son is over 18

 

[Hadders]

Welcome to the forum!

Transport for London take misuse of a pass yo aren't entitled to use very seriously and a prosecution under the TfL Bylaws is the usual outcome.

As for what happens next TfL will send you a Verification Letter, normally within a couple of weeks. The letter will ask you to confirm or deny the incident and ask you 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
- 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.

A criminal conviction for a railway ticketing matter won't normally affect future career prospects but do note that legally we are unable to comment or assist when it comes to immigration issues.

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

 

[shell07]

Hi
Hope everyone is well.
I was traveling on the Elisabeth line when the ticket inspector checked that whether I have a valid ticket or not.
I was using my son’s student oyster, and he noticed by looking at the picture that’s not me. Then The card was seized and I have been asked for my name, address. there was not provided penalty fare at the location. What they told me I will get a letter and maybe I will be sent to court…
Can anyone guide me what to do next? Does anyone know what’s the cost of this kind of fine? Also can my son apply for a new card and mark it as been lost? I have been reading threats on this website, but still I need your point of view. Thank you in advance

Hello, I have the same experience. May I ask what happened to your sutuation? Is this settled now?

 

[Titfield]

Hello, I have the same experience. May I ask what happened to your sutuation? Is this settled now?

As you have a similar issue please can you open a new thread. This forum has a strict one issue: one thread rule as this avoids confusion when advice is given. It also assists those searching for advice. No two cases are identical though they may share similar features. The forum responders endeavour to give tailored advice for each unique issue.

 

[AlbertBeale]

As you have a similar issue please can you open a new thread. This forum has a strict one issue: one thread rule as this avoids confusion when advice is given. It also assists those searching for advice. No two cases are identical though they may share similar features. The forum responders endeavour to give tailored advice for each unique issue.

However, for other reasons it would be good to hear back from the original enquirer anyway, so as to discover what if anything has happened about this case in the last month - for the benefit of forum experts and advisers, to aid advice in the future.

Meanwhile, "shell07" should certainly start their own thread if they want help. I think this is the second thread they've commented on in recent hours, suggesting they have a similar problem [to the thread topic] of their own, but without starting a new thread and saying what it is.

 

[Titfield]

However, for other reasons it would be good to hear back from the original enquirer anyway, so as to discover what if anything has happened about this case in the last month - for the benefit of forum experts and advisers, to aid advice in the future.

Meanwhile, "shell07" should certainly start their own thread if they want help. I think this is the second thread they've commented on in recent hours, suggesting they have a similar problem [to the thread topic] of their own, but without starting a new thread and saying what it is.

Yes agreed it is helpful if original posters advise the forum of the outcome as that builds the knowledge base and confirms what is current practice by the TOC involved.

It would be very helpful if for example we could detect any change in any TOCs taking fares paid into account or the variations in TOC admin fees.

 

[bcdios]

Hi, I received the Verification Letter, I accepted that this was my fault and then told them sorry about what happened, write it down in more details about what happened exactly. I sent them back my response at end of April, but since then I didn’t get any decision from them. My question is: for how long does this take?
Thank you

== Doublepost prevention - post automatically merged: 4 Jun 2024 ==

Hi, I received the Verification Letter, I accepted that this was my fault and then told them sorry about what happened, write it down in more details about what happened exactly. I sent them back my response at end of April, but since then I didn’t get any decision from them. My question is: for how long does this take?
Thank you

 

[AlterEgo]

They have up to six months to initiate court action. Usually it’s shorter than that, but it’s just a waiting game for you at this stage.

 

[bcdios]

Thank you for your response, usually how much would be a fine? I know everyone has different case, but still can you provide examples with figures?
Thank you

 

[AlterEgo]

Thank you for your response, usually how much would be a fine? I know everyone has different case, but still can you provide examples with figures?
Thank you

A fine is linked to your income. Here is how it’s worked out: https://www.sentencingcouncil.org.uk/explanatory-material/magistrates-court/item/fines-and-financial-orders/approach-to-the-assessment-of-fines-2/3-definition-of-relevant-weekly-income/#:~:text=The%20seriousness%20of%20an%20offence,the%20offender's%20relevant%20weekly%20income.

You will also need to pay the prosecution’s legal costs, and a surcharge of 40% of the fine. You get a 1/3 discount on the fine for pleading guilty at the earliest opportunity.

 

[AlbertBeale]

A fine is linked to your income. Here is how it’s worked out: https://www.sentencingcouncil.org.uk/explanatory-material/magistrates-court/item/fines-and-financial-orders/approach-to-the-assessment-of-fines-2/3-definition-of-relevant-weekly-income/#:~:text=The%20seriousness%20of%20an%20offence,the%20offender's%20relevant%20weekly%20income.

You will also need to pay the prosecution’s legal costs, and a surcharge of 40% of the fine. You get a 1/3 discount on the fine for pleading guilty at the earliest opportunity.

And the court will presumably order you to pay compensation for the unpaid fares too.

 

[bcdios]

Thank you, I will come with updates as soon as possible I receive them!

 

[island]

Thank you for your response, usually how much would be a fine? I know everyone has different case, but still can you provide examples with figures?
Thank you

I wrote out the calculation over here: https://www.railforums.co.uk/thread...opped-at-clapham-junction.269135/post-6805118

 

[bcdios]

And another question of mine is that for this kind of offense (caught using student oyster card) do they check cctv cameras at the stations?

 

[island]

And another question of mine is that for this kind of offense (caught using student oyster card) do they check ccctv cameras at the stations?

Not habitually.