I used my brother's oyster card to go on the overground. There were ticket inspectors on the train and they took the card away from me. They then asked for my information and I gave it all. After that, they told me I will receive a letter by the post and that I would have to contact them so they can decide on how much I will get fined. I have learnt my lesson and I am happy to pay any fine I receive. However, I found out that it is possible to get a criminal record from this and that I could go to court, which is making me really worried right now. Im not sure what to do now and I need some advice with my situation on what to tell TFL. Any advice will be appreciated, thanks. Also, this is my first time of being reported for an offence on TFL.
-
Our new ticketing site is now live! Using either this or the original site (both powered by TrainSplit) helps support the running of the forum with every ticket purchase! Find out more and ask any questions/give us feedback in this thread!
Got reported for an offence on TFL
- Thread starter leemo333
- Start date
- Status
Sponsor Post - registered members do not see these adverts; click here to register, or click here to log in
R
RailUK Forums
Unfortunately TfL almost always prosecute which does lead to a criminal record. However this criminal record is fairly minor and doesn’t usually show up on a standard DBS check. This is very unlikely to be life changing but it depends what your plans for the future are.
You need to read the TfL prosecutions policy, specifically section 8.2, to see if any mitigating circumstances exist. If they do, it may be worth getting a solicitor to correspond with TfL on your behalf, we see a much higher success rate when this is done, but if there are no mitigating circumstances then TfL are likely to prosecute regardless of whether a solicitor is used.
TfL do not settle for money like other train companies. They either prosecute or they issue a warning letter.
The letter you’re likely to receive next is what TfL call a Verification Letter which will ask for your version of events. If you don’t respond there’s basically a 100% chance that you’ll be prosecuted, so if a solicitor isn’t an option you may as well send an apologetic response, outline any mitigation you think applies under 8.2 of their prosecutions policy and ask if a warning letter could be considered in light of the above, but unless your mitigation is substantial, well presented, is mitigation under their policy, and you can evidence it, it’s likely they will prosecute.
You need to read the TfL prosecutions policy, specifically section 8.2, to see if any mitigating circumstances exist. If they do, it may be worth getting a solicitor to correspond with TfL on your behalf, we see a much higher success rate when this is done, but if there are no mitigating circumstances then TfL are likely to prosecute regardless of whether a solicitor is used.
TfL do not settle for money like other train companies. They either prosecute or they issue a warning letter.
The letter you’re likely to receive next is what TfL call a Verification Letter which will ask for your version of events. If you don’t respond there’s basically a 100% chance that you’ll be prosecuted, so if a solicitor isn’t an option you may as well send an apologetic response, outline any mitigation you think applies under 8.2 of their prosecutions policy and ask if a warning letter could be considered in light of the above, but unless your mitigation is substantial, well presented, is mitigation under their policy, and you can evidence it, it’s likely they will prosecute.
I received the letter today and I have to fill out some information about the situation within 10 days. Would you recommend to speak to a solicitor even if there are no mitigating circumstances? Is there absolutely no way to avoid the prosecution?
Unless you have lots of money to spare (a solicitor will cost £800+), or a criminal record would genuinely (having researched and consulted experts rather than assuming that it would) be disastrous to your planned future, then probably not, no.
Could you upload a redacted copy of the letter you’ve received so we have all the information to advise?
Yes, here is the letter I received.
Attachments
Fawkes Cat
Established Member
- Joined
- 8 May 2017
- Messages
- 5,272
Also, what sort of Oyster Card does your brother have? For example (and I suspect that this is the case) is it a card for someone under 16, and you're older than that? Or at the other end, is it a pensioner's or disabled person's Freedom pass? Or is it a standard Oyster which is just topped up with cash? Or has it got a travelcard on it?
The thing is, there are some circumstances where using someone else's Oyster isn't an offence - but there are other cases where it is. So it would help us to know quite what problem you're looking at.
It was a 5-10 years old oyster card. I'm guessing this would be the worst one in this situation :/
Fawkes Cat
Established Member
- Joined
- 8 May 2017
- Messages
- 5,272
And how old are you (as in are you under or over 18 - we don't need to know anymore than that!)
I am over
Fawkes Cat
Established Member
- Joined
- 8 May 2017
- Messages
- 5,272
Thanks. TfL take a different approach to people who are under 18, but it turns out that doesn't help us this time.
Yeah I read about that. I turned 18 few months ago, so I guess the better approach won’t apply to me. I got told by someone to try speak to a pro bono lawyer for legal advice so I will try do that tomorrow. Do you maybe have any advice on what to write on my letter to TFL? Like stuff to avoid writing about maybe. I honestly never thought it would be this bad, when I heard the possibility of a criminal record I started getting very nervous as I’m afraid this will impact my future jobs. I have completely learnt my lesson from this.
Fawkes Cat
Established Member
- Joined
- 8 May 2017
- Messages
- 5,272
The main thing to bear in mind is that lots of people get caught fare dodging on TfL, so lots of people have convictions for fare dodging. So lots of people going for jobs will also have convictions for fare dodging: you'll be one of them but most employers won't cut out a huge number of job applicants, because they want the best person for the job, even if that person has a conviction for fare dodging.
What we find is that while there are quite a lot of jobs who are allowed to ask you if you have any convictions, there's not all that many of them where a conviction will automatically block you from employment. If you want to be a lawyer or an accountant or work in the city or be a doctor, it may very well be a problem: if you want to be a teacher or a nurse or loads of other things, then it probably won't be - although they'll expect you to admit to it, as if you're dishonestly hiding something like that, how can they trust you not to be dishonest about other things?
So being convicted (and I'm sorry, but it's almost certain that you will be convicted - TfL only very rarely drop prosecutions, and nothing you've said so far sounds like a reason that they'd go for to not take you to court) will cost you a fine plus the fare you dodged plus court fees plus the prosecution's costs, so it won't be cheap - but after that as long as you make sure you always pay the right fare it shouldn't have much impact on the rest of your life.
Mattplans
Member
In my personal opinion, if you wish to pursue a career in such an industry a conviction like this could be a significant barrier. You should consider engaging a solicitor. (Some people in your situation in the past have experienced success with https://manaksolicitors.co.uk/services/fare-evasion/)
Regardless, it is worth mentioning that TfL almost always prosecute these types of cases. Very few cases on this website (regarding TFL photocard misuse) have not proceeded to prosecution, but where they are settled (by way of a Formal Warning) it has almost always been with support of a solicitor that specialises in presenting mitigation to TfL. Some comments may have been made - and you may personally be worried - regarding the cost. You should seek quotes regarding this. But In my view, the cost is irrelevant if such a conviction could represent a barrier to your career in a couple years, you should consider whatever is necessary to raise the funds required to instruct a solicitor if it could put this matter to rest.
But I must stress that there are cases where posters have instructed solicitors but still faced prosecution. In this scenario, there is the cost of instructing a solicitor and the fines imposed by the court which may be very expensive.
Last edited:
- Status