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Fare Evasion - 60+ Oyster Misuse

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_Phoenix_1

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Hi everyone,

Just received a letter from TFL after being reported for "an offence" as stated in the letter that I can only assume to be fare evasion. I used a 60+ Oyster for about a month to go to uni as I'm currently a student and unemployed, looking back now its a silly and stupid thing to do, and definitely not an excuse to commit fare evasion.

I was fully cooperative with the officer who took my details, and said that I had been using it for around a month, however I was caught tapping out with the card at a different station/journey to the regular ones to uni. Will they a. see the uni ones as an irregular pattern and b. use my statement on the day of "using it for a month".

Also, given I have accepted that what I did was wrong, will I be prosecuted under the TFL bylaws that I know are spent after a year, and a minor offence. (please correct me if I'm wrong)

I would love any advice on what should I include in the response letter, also I am willing to plead guilty and pay the fine that will come as a result of this in the court proceedings which I have seen are very common here. unless it comes under the SJNP. - should I include my willingness to plead guilty and to pay the fine?
 
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island

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If you've admitted multiple offences to the officer and they want to have the court take those offences into account when you're prosecuted for the offence you were caught doing, you'll be sent a postal requisition to attend the court in person, and it won't be possible to handle it online or in the post.
 

_Phoenix_1

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okay, will I be prosecuted under the TFL byelaws? (the officer mentioned that I would be and it would be an non recordable offence)

== Doublepost prevention - post automatically merged: ==

Also, does anyone have any tips on what to include in the response letter?
 

_Phoenix_1

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Yes, you will be prosecuted, and you have the nature of the matter correctly.
Thank you. What can I expect to pay under the prosecution, and how much could be an estimate? Is it worth mentioning that I am a student and unemployed, so it would be better for me to pay the fine in instalments.
 

Puffing Devil

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You can expect to pay the following:

Fine: 50% to 100% of weekly income, which will be taken as £120pw if you are unemployed, less a 33% guilty plea reduction, proving you plead guilty as the first opportunity, so between £40-80

Victim Surcharge: 40% of the final fine amount above, so £16 to £32

Compensation: The full amount of the fares avoided

Prosecution Costs: £225 (this seems to be TfL's standard fixed cost)

You can ask the court for time to pay if you appear in person, or work with the fines officer if you are sentenced via the SJP. Offers of £5-10 per week can be accepted by the court if you can show that it is all you can afford.
 

WesternLancer

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Thank you. What can I expect to pay under the prosecution, and how much could be an estimate? Is it worth mentioning that I am a student and unemployed, so it would be better for me to pay the fine in instalments.
You would need to fill in the correct court paperwork to show your income to ensure they take this into account.
 

island

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You can expect to pay the following:

Fine: 50% to 100% of weekly income, which will be taken as £120pw if you are unemployed, less a 33% guilty plea reduction, proving you plead guilty as the first opportunity, so between £40-80

Victim Surcharge: 40% of the final fine amount above, so £16 to £32

Compensation: The full amount of the fares avoided
Agreed.
Prosecution Costs: £225 (this seems to be TfL's standard fixed cost)
They will probably look for £375 if there is a TIC schedule but it might be £225.
You can ask the court for time to pay if you appear in person, or work with the fines officer if you are sentenced via the SJP. Offers of £5-10 per week can be accepted by the court if you can show that it is all you can afford.
It will go to a deduction of benefits order if not paid in full on or shortly after the day of hearing – as the court is obliged to do when it orders compensation. The amount will be 5% of one's Universal Credit each month until the total is paid, or £4.55 per week if one is on a different benefit.
 

_Phoenix_1

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If I pay in instalments, will my conviction still be spent after a year or will it be spent a year after the final payment?
 

WesternLancer

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I would love any advice on what should I include in the response letter, also I am willing to plead guilty and pay the fine that will come as a result of this in the court proceedings which I have seen are very common here. unless it comes under the SJNP. - should I include my willingness to plead guilty and to pay the fine?
Others may correct me / think differently but my hunch on this is that in your response letter (see other cases involving TfL for you to research this) you probably should not talk about being guilty - confine what you say to apologising and any mitigation for what you did

see the TfL policy document too in case it helps you understand things in more detail


My thinking being that you should save the actual plea to the court process ie on the SJPN paperwork or at court if you are required to attend.
 

_Phoenix_1

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Any particular cases you can reference on this forum?

I’ll apologise for what I did, not that being an unemployed student makes a fair mitigation but I’ll still include it
 

ainsworth74

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The amount will be 5% of one's Universal Credit each month until the total is paid
Just a quick point of clarification on a technicality that it's 5% of the Standard Allowance part of someone's Universal Credit not the whole award. If your award includes say amounts for children and rent then it won't be 5% of everything, just 5% of the Standard Allowance. So for a single person aged 25 or over that would be a deduction of around £20 per month.
 

_Phoenix_1

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Others may correct me / think differently but my hunch on this is that in your response letter (see other cases involving TfL for you to research this) you probably should not talk about being guilty - confine what you say to apologising and any mitigation for what you did

see the TfL policy document too in case it helps you understand things in more detail


My thinking being that you should save the actual plea to the court process ie on the SJPN paperwork or at court if you are required to attend.
I have drafted a response that mentions my acceptance of committing the offence of using the wrong Oyster card, do I need to include more and also have included an apology with how wrong it was for me to use it, as well as my willingness to pay the outstanding fare, fine and any costs that TFL have faced in administrative costs to deal with this matter. Should I include anything else?
 
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Fawkes Cat

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I have drafted a response that mentions my acceptance of committing the offence of using the wrong Oyster card, do I need to include more and also have included an apology with how wrong it was for me to use it, as well as my willingness to pay the outstanding fare, fine and any costs that TFL have faced in administrative costs to deal with this matter. Should I include anything else?
That, I think, covers everything that TfL will expect to see. As you were advised in post #4 above, TfL will prosecute in a case like this so there’s no point in trying for an out of court settlement.
 

AlterEgo

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I have drafted a response that mentions my acceptance of committing the offence of using the wrong Oyster card, do I need to include more and also have included an apology with how wrong it was for me to use it, as well as my willingness to pay the outstanding fare, fine and any costs that TFL have faced in administrative costs to deal with this matter. Should I include anything else?
TfL do not ever settle out of court for money. If they decide not to prosecute they issue a warning letter. So you should ask for this rather than something we know TfL will never ever grant you.
 
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