First offense please help :(

[Lilly12]

Firstly, i have done a very stupid narrow minded thing. but in all honesty i only dodged this fare to get to an important college date/day.

I had borrowed my boyfriends oyster (he offered it to me since id lost my own oyster literally the day before) since he drives now he doesn't use his anymore.

Anyway, unfortunately the day after being given the oyster on my way home from college the bus inspector came onto the bus and asked me to produce my oyster and show him the photo. i gave it to him and explained to him my situation, willing to show him proof that it was my boyfriend and would only be used that one day since it would be the weekend. He took it from me and asked for my details ( this is my very first time borrowing/using another persons oyster EVER. i did not intend on being dishonest about it either) i gave him my details and then a couple days later i was given a letter saying that it may be taken to court.
I gave them all the honest reasons why i had the oyster, it was genuinely a one off ... it has now been about a month or so and I've received another letter saying i will be attending court for £125 and a criminal record with multiple options such as attending and plead guilty, plead guilty and not attend or do not plead guilty..


I have been searching EVERYWHERE and i don't know how i can live with myself if i get this on record.. i wont be able to pursue my career plus if worse comes to worse my boyfriend to.. since he was also sent a letter explaining that it was against the rules to hand an oyster out to anyone.. Please help me i'm honestly sorry for this ridiculous mistake.

i have found out you can do an 'out of court settlement', but would it be best to hire someone to write up the letter for you? or maybe call my prosecution manager somehow? please i need help asap thank you to whoever reads this - L

 

[bb21]

What kind of Oyster is it? I guess it is one with some sort of discount?

Does it hold a discounted Travelcard season, bus season or was it just PAYG?

 

[455driver]

You say-

it has now been about a month and a bit and I've now received a letter saying ive been taken to court for £125 and a criminal record.

And then you say-

have been told you can do an out of court settlement

So which is it?
Have you been taken to Court or have they made an offer of £125 (which wont have a criminal record attached) as an out of Court offer?

 

[reb0118]

@ 455 Driver. I'm not sure if English is the OP's first language?

@ OP (that is you Lily12) you seem to be getting your tenses (past, present, & future) mixed up. I can understand that this is a stressful time for you but doing a quick grammar & spelling check prior to posting may help in the quality of the advice given to you.

Re. your situation I assume, as has already been stated above by bb21, that there is some form of discount loaded onto your boyfriend's oyster or it may have a season ticket loaded onto it. If that is so, then these cards are not transferable to other people.

TfL take these matters seriously, and yes, prosecution may be an option for them. Tfl are still publicly owned and to tend to prosecute more than the privately owned rail companies as it is seen to be in the public interest.

As 455 Driver above has stated there is some confusion as to where you are currently standing in the process. It could be that you have just been given the opportunity to respond to the allegation or that you have been fined in your absence? Once you have confirmed others will respond with further advice.

It is my interpretation that the OP is at the stage of being given the opportunity to give her side of the story to TfL's prosecution department but no doubt she will respond & clarify shortly.

 

[Lilly12]

What kind of Oyster is it? I guess it is one with some sort of discount?

Does it hold a discounted Travelcard season, bus season or was it just PAYG?

16-18 Oystercard (or photocard). So its free bus travel but id have to pay for train

 

[Lilly12]

You say-



And then you say-



So which is it?
Have you been taken to Court or have they made an offer of £125 (which wont have a criminal record attached) as an out of Court offer?

I have been asked to attend court, but i want to avoid going to court in any way possible(since it will then definitely go on record), so when i was researching i found that you can ask for an out of court settlement, or am i mistaken?
--- old post above --- --- new post below ---

@ 455 Driver. I'm not sure if English is the OP's first language?

@ OP (that is you Lily12) you seem to be getting your tenses (past, present, & future) mixed up. I can understand that this is a stressful time for you but doing a quick grammar & spelling check prior to posting may help in the quality of the advice given to you.

Re. your situation I assume, as has already been stated above by bb21, that there is some form of discount loaded onto your boyfriend's oyster or it may be a have a season ticket loaded onto it. If that is so, then these cards are not transferable to other people.

TfL take these matters seriously, and yes, prosecution may be an option for them. Tfl are still publicly owned and to tend to prosecute more than the privately owned rail companies as it is seen to be in the public interest.

As 455 Driver above has stated there is some confusion as to where you are currently standing in the process. It could be that you have just been given the opportunity to respond to the allegation or that you have been fined in your absence? Once you have confirmed others will respond with further advice.

It is my interpretation that the OP is at the stage of being given the opportunity to give her side of the story to TfL's prosecution department but no doubt she will respond & clarify shortly.

I apologise for my poor grammar, please tell me if my improvements have made it any easier to understand.

I at the moment have a decision to 'plea guilty' in or out of court or ' plea not guilty'. That's what it said on the letter and i also received the bus inspectors notes and a set of frequently asked questions, one said that if i 'plea guilty' i will be convicted.

My mother actually contacted the prosecution department today and spoke to the prosecution manager who has summoned me to court. I'm now in the process of writing an apology letter(it was requested and i have his email now). but i feel it is far from the end, would it be possible for you and maybe some others to proof read my letter?

 

[jon0844]

If you've been taken to court, I presume it's over and a decision was made in your absence?

In which case it's a bit late to go after an out of court settlement.

Presumably you'll be expected to pay the £125 at some point, or be in contempt of court and that could lead to far worse things.

Apologies if I've misunderstood, but it's confusing to read you've been taken to court and then that you want to avoid going to court. And if it hasn't gone to court YET then I don't know where the £125 figure comes from....

Edit: Ah you've edited your post.. So you haven't been to court. In which case the £125 figure must be an offer of a settlement to keep it out of court? If you aren't completely clear on this, I suggest you speak to someone who can read the paperwork properly and explain it - or type what it says on here (making sure to remove personal information).

 

[Lilly12]

If you've been taken to court, I presume it's over and a decision was made in your absence?

In which case it's a bit late to go after an out of court settlement.

Presumably you'll be expected to pay the £125 at some point, or be in contempt of court and that could lead to far worse things.

Apologies if I've misunderstood, but it's confusing to read you've been taken to court and then that you want to avoid going to court. And if it hasn't gone to court YET then I don't know where the £125 figure comes from....

Edit: Ah you've edited your post.. So you haven't been to court. In which case the £125 figure must be an offer of a settlement to keep it out of court? If you aren't completely clear on this, I suggest you speak to someone who can read the paperwork properly and explain it - or type what it says on here (making sure to remove personal information).

Im sorry i have made it so confusing i can see now,I don't think it is but il quote from the letter:
"an application will be made in court for a £125 contribution towards of TFL. There is also an application for compensation of 2.40 fare in respect of the fare avoided"

My family have a lot on their plate, so i turned to this forum to seek out detailed advice and because people on the site i assume has much better understanding on what options i have now.

 

[Haywain]

A good starting point would be for you to understand that TfL are asking the court to order your to pay £125.00 costs plus £2.40 fare and that this would be on top of any fine that the court orders you to pay.

 

[reb0118]

My advice would be to write to TfL (not email) giving your reasons for doing what you did and stating any relevant mitigating factors. It is important to be clear, concise, and truthful. Ask if they would be willing to accept an "out of court" settlement but do not offer an amount - leave that to the TfL prosecuting department to decide. At the very least you will be looking at £125 plus the fare plus another variable amount to cover any additional administration costs.

If you receive an offer and you pay this timeously then that is the matter closed and you will not have a criminal record. If you default on this agreement then you will be in even more trouble so make sure that you are able to pay what is asked of you. If you are unable to pay an "out of court settlement" then you may be better to have your day in court as you can normally pay court fines in instalments.

As an aside, if you do not receive an offer, you should seek legal advice (in most cases the first interview is free) from a criminal defence solicitor. Also note that the Citizens' Advice Bureau can also help.

 

[Lilly12]

My advice would be to write to TfL (not email) giving your reasons for doing what you did and stating any relevant mitigating factors. It is important to be clear, concise, and truthful. Ask if they would be willing to accept an "out of court" settlement but do not offer an amount - leave that to the TfL prosecuting department to decide. At the very least you will be looking at £125 plus the fare plus another variable amount to cover any additional administration costs.

If you receive an offer and you pay this timeously then that is the matter closed and you will not have a criminal record. If you default on this agreement then you will be in even more trouble so make sure that you are able to pay what is asked of you. If you are unable to pay an "out of court settlement" then you may be better to have your day in court as you can normally pay court fines in instalments.

As an aside, if you do not receive an offer, you should seek legal advice (in most cases the first interview is free) from a criminal defence solicitor. Also note that the Citizens' Advice Bureau can also help.

thank you i will keep that in mind, would you be able to tell me what you mean by "relevant mitigating factors" i dont really understand what that means
Also is it be unlikely with my case that they would except an out of court settlement.

 

[Lilly12]

A good starting point would be for you to understand that TfL are asking the court to order your to pay £125.00 costs plus £2.40 fare and that this would be on top of any fine that the court orders you to pay.

I am aware that the court has its costs as well, and it isn't cheap im sure.

 

[455driver]

thank you i will keep that in mind, would you be able to tell me what you mean by "relevant mitigating factors" i dont really understand what that means
Also is it be unlikely with my case that they would except an out of court settlement.

Mitigating factors are just the relevant facts as to why you did what you did, IE losing your Oyster card and borrowing the other one.

Keep the letter short but accurate and be very apologetic and you might get away with paying the TOC the £127.40 (or a bit more) without going to court, if they have already laid the papers then they might just decide to carry on with it to court anyway.

 

[34D]

On the date of offence, how old were you (years and months) please?

 

[Lilly12]

On the date of offence, how old were you (years and months) please?

18 years 5 months.
--- old post above --- --- new post below ---

Mitigating factors are just the relevant facts as to why you did what you did, IE losing your Oyster card and borrowing the other one.

Keep the letter short but accurate and be very apologetic and you might get away with paying the TOC the £127.40 (or a bit more) without going to court, if they have already laid the papers then they might just decide to carry on with it to court anyway.

Okay thank you Driver i will post on my progress

 

[PermitToTravel]

18 years 5 months.
--- old post above --- --- new post below ---

Okay thank you Driver i will post on my progress

Were you entitled to such an Oyster card at the time (in full-time education)? If yes, did you have one?

 

[Lilly12]

Were you entitled to such an Oyster card at the time (in full-time education)? If yes, did you have one?

Yes i was entitled to one however i had lost mine at or near my college in the same week

 

[PermitToTravel]

It might be worth mentioning this (but not making too big a deal out of it) in your letter