Forgot my Oyster - Help please!

[Worried84]

Hi all,

You all seem extremely knowledgeable, so I thought I would ask for a bit of advice.

A couple of months ago (20th August)I boarded a train at my local station of St Johns. There are no barriers there, I was late and accidentally forgot to validate my Oyster card.

I have a Zone 1 - 3 travel card with top up money for going outside those zones. I was travelling to East Croydon. (Zone 5) On the way to East Croydon, I remembered I hadn't touched in. I wasn't too concerned at that stage, as what I find usually happens is that when you touch out, you are deducted the maximum fare.

However, I when I got to East Croydon I realised I have left my entire wallet (including Oyster Card) at home.

I went to the gate staff member, who initially directed me to the "Excess Fares to Pay" booth. I said I would go, but as I don't have my wallet, I couldn't pay any money that day. He then directed me to the RPO.

The RPO filled in a form describing what had happened. He didn't caution me because he said he did not believe I had committed a criminal offence. However, he did say it would be sent to the prosecutions office. I was pretty shaken up.

I left the station and went and got Emergency Cash from a Natwest ATM. I went back, to find that the RPO was no longer on duty. I found another RPO and asked if there was any way I could pay the penalty fare now (which I fully accept I owed). She said not to worry, it would not go anywhere, and when I get the letter from Southern I should just ring up and explain. She said they would probably drop it.

Almost two months have passed and I have heard nothing from Southern. I am really worried about this. Is it usual to wait this length of time? Should I wait for a letter before contacting them?

Any advice much appreciated. Thanks for your time.

 

[CyrusWuff]

If Southern are considering prosecution, they have six months to "lay information" before the Court, so you may have a while to wait before tou hear anything.

 

[bb21]

There is unfortunately not much we can tell you until you receive communication from Southern.

They might ask you for a fee to settle the case. They might decide to prosecute since you didn't have any means to pay for your ticket. They might drop the case entirely for some obscure reason. Very difficult to say at this stage.

Did you get a copy of whatever he filled in? If so, what does it say?

 

[Worried84]

Thank you both for your replies.

He filled in an MG11. He wrote at the top 'forgot wallet with Oyster inside'. That was it. He then crossed out the caution bit and told that was because he didn't suspect me of committing a crime.

He then asked me if I had anything to say, to which I said 'I did not intentionally evade the fare'.

He didn't give me a copy and said I would hear from the Prosecutions Office in a couple of weeks.

When I went back with the emergency cash, the other RPO told me the overwhelming likelihood was they would do nothing. She said that she fills in loads of them and they often get put in the bin and the fare written off. She told me to wait and see if they write to me, then if they do ring them and explain.

It's the waiting I'm finding hard. I wish they'd just get on and write to me if they are going to do it! I know they have six months to lay a summons, but surely they would write to me first? I suppose I'm just surprised it has taken them do long!

 

[sheff1]

It's the waiting I'm finding hard. I wish they'd just get on and write to me if they are going to do it! I know they have six months to lay a summons, but surely they would write to me first? I suppose I'm just surprised it has taken them do long!

But, as you said in the previous paragraph, the RPO told you they would most probably do nothing. If that is the case, they will never write.

They may, of course, still write - no one here will know one way or the other. If they do, come back again and I am people will give you advice.

 

[455driver]

Despite some of the threads on here (where we only get half the story at most anyway) and if the facts are as you state then the company probably wont waste the time and effort in writing to you especially bearing in mind what the RPO wrote down.

The chances of this getting nasty for you is probably about 1 in a million, relax and put it to the back of your mind, I really wouldnt worry.

 

[Worried84]

Thank you all, I appreciate your help.

 

[Worried84]

Hi all,

Just wanted to update you on my case. I eventually got my letter from Southern asking for my version of events. I emailed them explaining my point of view and offering to cover their costs.

The Prosecutions team replied and said they had actually waited for me to send proof of my travelcard before sending me a letter (The RPO told me to wait for their letter, but hey ho).

They offered me £80 in lieu of providing evidence, and as my Oystercard is unregistered, I paid up. So all sorted. Thanks for all your advice.

 

[455driver]

That £80 seems a bit steep but I suppose they would class it as an admin charge to cover their costs and nothing more, a reasonable result for you and at least that is the end of it.

 

[sheff1]

Thanks for getting back.

If you are content with the outcome, that is what matters.

 

[Worried84]

I thought £80 was steep, particularly as what I felt I deserved was a penalty fare (and that what I would have got, if I could pay it or prove who I was).

I also wonder if a lot of time and effort might have been saved if they had simply accepted my £20 when I went back shortly after the incident with the cash. (Obviously that wouldn't apply if they thought I had actually committed the s5 Offence..but no-one really thought that!)

But in any event, I am so relieved that it is not being taken further that I would have paid whatever they wanted. I have learnt my lesson.

 

[bb21]

Look at it another way, that £80 means you avoid a trip to a court of law and the associated stress and worries. Not so steep if you look at it this way.

 

[yorkie]

Thanks for getting back to us - this feedback is appreciated, and others are able to use it to assess possible outcomes (though, of course, each situation is unique in its own way).

Is it possible to have a Zone 1-3 Travelcard which is "unregistered"? Is it a Weekly? Perhaps it's possible with those?

I can see why you think £80 is steep, but my understanding is the only reason you were asked to pay £80 was because you chose not to submit any evidence of ownership of an Oyster card with Travelcard and appropriate PAYG balance loaded.

There can be no expectation they would merely take your word for that, and I would have gathered and sent the required evidence.

I would strongly recommend to anyone who has an Oyster card to register it, for so many reasons, including being able to check if you've been over-charged online (and we can assist with such queries if a journey history screenshot is provided), set up auto top-up (which avoids the possibility of a prosecution or PF for not having sufficient funds to pay the fare due) and of course in case of loss, theft, or merely forgetting to bring it.

 

[Worried84]

A weekly travel card is available on an unregistered Oyster Card.

I fully accept that a registered Oyster is better. Unfortunately, this happened at a time when I had recently lost my registered Oyster and had just purchased a new one (something of a series of unhappy events).

As I was unable to prove the Oyster was mine, I was unable to provide the required evidence. I therefore paid up. I am happy with the outcome but still stand by my comments.

 

[MikeWh]

Yes, you can load weekly travelcards on unregistered Oyster cards.

 

[furlong]

If the OP was still in possession of the oyster card they could have supplied it as evidence to support their assertions and the database could have been checked, e.g. to confirm that it held the stated travelcard and sufficient PAYG balance at that time, and was not used on the day in question.

 

[Worried84]

Furlong - I was told that would be insufficient to prove ownership of the card. But it does not matter now, it is all finished and I am grateful for the advice I received on here.