formal warning for using a photo Oyster card

[ashk07]

Hi I have today recieved a formal warning for using a photo Oyster card I’m glad I hope I can help someone with my experience xx

 

[Eyersey468]

Why were you given a warning for using it?

 

[Mcr Warrior]

@ashk07. Welcome to the forum. As @Eyersey468 asks, what was the nature of this "final warning" for using / misusing the card? Are you possibly needing advice from the forum in connection with the incident, or are you maybe now looking to provide general advice for others?

 

[ashk07]

Well I used 18+ student Oyster card
But due to mitigation circumstances and use of solicitor I got off thankfully

 

[Eyersey468]

Well I used 18+ student Oyster card
But due to mitigation circumstances and use of solicitor I got off thankfully

I assume you weren't entitled to use it?

 

[ashk07]

Yes I wasn’t it was someone’s card

 

[Titfield]

Well I used 18+ student Oyster card
But due to mitigation circumstances and use of solicitor I got off thankfully

If you feel able to do so, please can you tell us the name of the solicitor you used and how much they charged?

 

[Leo12]

Well I used 18+ student Oyster card
But due to mitigation circumstances and use of solicitor I got off thankfully

Can you please explain your whole situation? When did you caught and since when you were using it? And how did many days TFL took to issue you warning?

 

[ashk07]

If you feel able to do so, please can you tell us the name of the solicitor you used and how much they charged?

I used makwana solicitors and they charged me 900£

 

[ashk07]

Can you please explain your whole situation? When did you caught and since when you were using it? And how did many days TFL took to issue you warning?

I used it for long time but didn’t know its an offence they gave me warning after 3 months almost because of my mitigation circumstances

 

[yorkie]

The exact circumstances are a bit unclear; can you please edit your original post so that it's really clear what happened?

Also, does this relate to a matter that was previously posted on this forum?

 

[Eyersey468]

The exact circumstances are a bit unclear; can you please edit your original post so that it's really clear what happened?

Also, does this relate to a matter that was previously posted on this forum?

Based on post 6 I think what has happened is the OP used someone else's Oyster card that they weren't entitled to use

 

[swt_passenger]

The exact circumstances are a bit unclear; can you please edit your original post so that it's really clear what happened?

Also, does this relate to a matter that was previously posted on this forum?

I think the first and only post @ashk07 made before yesterday was a comment in a thread about a similar problem, but his own problem was never explicitly stated:

Caught Using Husband's Photocard on Elizabeth Line - Worried About Consequences

Hi everyone, I recently made a mistake while travelling on underground. I was caught using my husband's photocard at a station(underground) next to the one I usually use(Elizabeth). I didn't know this was a serious matter because I'm new to the UK and its system. I felt ashamed of my actions...

www.railforums.co.uk

 

[ashk07]

Based on post 6 I think what has happened is the OP used someone else's Oyster card that they weren't entitled to use

Yea that’s true I don’t know how to create a new thread but your more then welcome to ask any questions

 

[Leo12]

Yea that’s true I don’t know how to create a new thread but your more then welcome to ask any questions

Could you please write what were the main points your solicitor has highlighted in your explanation? And after how many days you received final response from them?

 

[Hadders]

For the benefit of anyone else reading this thread in future it should not be assumed that misuse of a Zip Oyster or Freedom Passes will result in a formal warning. TfL almost always prosecute these sorrt of cases and a formal warning is unusual.

There are several factors TfL take into account when deciding whether or not to prosecute and these factors might not apply in other cases.

 

[ashk07]

Loss of my job first time offence and the way it happend and then dependence of my family on my income with 12 documents attached

 

[Leo12]

Loss of my job first time offence and the way it happend and then dependence of my family on my income with 12 documents attached

Thank you for your response. Could you also please confirm after sending the response to TFL how long after they issued you a warning letter? I just want to know a roughly timeline.

 

[Joe Paxton]

For the benefit of anyone else reading this thread in future it should not be assumed that misuse of a Zip Oyster or Freedom Passes will result in a formal warning. TfL almost always prosecute these sort of cases and a formal warning is unusual.

There are several factors TfL take into account when deciding whether or not to prosecute and these factors might not apply in other cases.

This is a really important point.

I sometimes wonder if Freedom Passes and the various Oyster photocards should carry a 'health warning' on them cautioning of the likely severity of sanction that will follow if misuse by someone who is not the holder is discovered.

 

[Haywain]

Loss of my job first time offence and the way it happend and then dependence of my family on my income with 12 documents attached

I’m baffled by this - are you saying that you lost your job because of this, even though you avoided prosecution? And there are no documents attached to your post.

 

[Titfield]

I’m baffled by this - are you saying that you lost your job because of this, even though you avoided prosecution? And there are no documents attached to your post.

I think the op is saying that if they have been convicted then:
(1) they would have lost their job
The extenuating circumstances appear to be:
(1) this was their first offence albeit they had been using the card for some months
(2) the family was dependent on their income (the husband is a student)
(3) they were new to the UK and its system / did not know the card was not transferable.
The solicitor provided 12 pieces of evidence to TfL

Personally I think the Op has been very fortunate to get this outcome because the above points seem very similar to those we have seen in cases that has led to the person being convicted.

As I said in an earlier thread I have my suspicions that TfL can be persuaded / much more likely to issue a warning when the passenger has employed a solicitor, has incurred a considerable cost (of the solicitor) and "xxxxx". I am not sure what "xxxx" is but I am minded to think it is something to do with how long they have been in the UK / lack of experience of how TfL ticketing works.