I have used fathers 60+

[zak434]

Admin please let this post to be anonymously

I took my father oyster 60+ for about 18 trips from Feb till April in TfL.
I gave to my father my credit card and i was using his oyster because he didn't travel that much.
I was leaving station, guys from tfl told me to stop but i made maybe 3 steps more so they started yelling at me and i come back.
They took my details. I told them that i am unemployed (i am still working but changing job)and that i have switched cards and they told me my rights.
This is my first offence ever in life.
I am waiting for letter and i will take lawyer when i receive letter.

I really didnt know this is such a big thing at all because its just public transport (btw in some countries in europe its totally free), i definitely understand what i did and i am really sorry because of that. From now definitely wont happened ever.

Will i get prosecuted and whats my chance ?

I have statements that he spent more on my bank card for TfL last 2months than me for oyster

What will happen with that oyster and his rights to have oyster and his other benefits in future?

Thanks

 

[AlterEgo]

TfL prosecute these offences as a matter of course, there will be no "penalty".

The most likely outcome from this, if you are an adult, is a conviction in the magistrates' court for a criminal offence under the TfL Bylaws. The result will be:

- A fine based on your income (the sentence for the offence and discounted by a third if you plead guilty at the first opportunity)
- A surcharge of 40% of the value of the fine
- A contribution towards TfL's costs
- Compensation for the fare avoided

If you intent to instruct a solicitor to try to avoid prosecution you should act through them; their advice will always take precedence over laypeople on an internet forum.

Also, can you confirm if you are over 18, or under 18?

 

[ikcdab]

TFL almost always prosecute in these circumstances especially as you have done it 18 times. Ignorance of the law and what might happen in other countries is not relevant.

 

[zak434]

TfL prosecute these offences as a matter of course, there will be no "penalty".

The most likely outcome from this, if you are an adult, is a conviction in the magistrates' court for a criminal offence under the TfL Bylaws. The result will be:

- A fine based on your income (the sentence for the offence and discounted by a third if you plead guilty at the first opportunity)
- A surcharge of 40% of the value of the fine
- A contribution towards TfL's costs
- Compensation for the fare avoided

If you intent to instruct a solicitor to try to avoid prosecution you should act through them; their advice will always take precedence over laypeople on an internet forum.

Also, can you confirm if you are over 18, or under 18?

Yeah sorry i am adult, and how much is for 40k income ?

 

[Puffing Devil]

This depends on how the magistrates view the seriousness of your offending.

With 18 trips, you could be looking at a Band B, fine of 100% of your weekly income, which for £40K annually will be around £600 after tax. You'll get 1/3 discount for an early plea, which means a fine of £400. The Victim Surcharge is 40% of the fine, so another £160.

To this £560 will be added prosecution costs of around £150 to £200 and compensation for the 18 trips avoided.

If you're lucky, you may only get a Band A fine of £200 and a surcharge of £80. The other costs will stay the same.

 

[spotify95]

This depends on how the magistrates view the seriousness of your offending.

With 18 trips, you could be looking at a Band B, fine of 100% of your weekly income, which for £40K annually will be around £600 after tax. You'll get 1/3 discount for an early plea, which means a fine of £400. The Victim Surcharge is 40% of the fine, so another £160.

To this £560 will be added prosecution costs of around £150 to £200 and compensation for the 18 trips avoided.

If you're lucky, you may only get a Band A fine of £200 and a surcharge of £80. The other costs will stay the same.

Also, if this does go to the Magistrates Court and TfL want to take all offenses into consideration, not just the one the OP was stopped at, it may be a summons rather than a SJPN. That would require the OP to attend court, regardless of their plea, and also that the court costs may be increased. I've seen (on these forums) court costs of £375 for court summons cases.

If TfL prosecute for the single offense, it may be done via SJPN, and the court costs may be similar to what you quote.

 

[Puffing Devil]

Also, if this does go to the Magistrates Court and TfL want to take all offenses into consideration, not just the one the OP was stopped at, it may be a summons rather than a SJPN. That would require the OP to attend court, regardless of their plea, and also that the court costs may be increased. I've seen (on these forums) court costs of £375 for court summons cases.

If TfL prosecute for the single offense, it may be done via SJPN, and the court costs may be similar to what you quote.

The prosecution costs should not be higher for a guilty plea on an SJP vs an appearance, though @island may have more current knowledge than I.

 

[Hadders]

Welcome to the forum!

Transport for London take misuse of 60+ Oyster cards very seriously and a prosecution under the TfL Bylaws is the usual outcome.

What happens next is TfL will send you a Verification Letter, normally within a couple of weeks. The letter will ask you to confirm or deny the incident and ask you to give any mitigating circumstances which you would like them to take into account when deciding how to proceed.

I suggest you mention the following in your reply:

- That you are sorry for what has happened
- What you have learned from the incident
- That you are keen to settle the matter without the need for court action
- Offer to pay the outstanding fare and TfL's administrative costs in dealing with the matter

TfL do not offer out of court settlements although in some very limited circumstances they have been known to issue a final warning instead of prosecution. Prosecutions are normally done through what is called a Single Justice Procedure Notice. This means that if you plead guilty it is not necessary to attend court in person (unless you choose to do), you simply return the form to the court with any mitigation you want them to take into account and they will write to you with the details of the fine you have to pay.

If you are prosecuted and plead guilty (or are found guilty by the court) then you will have to pay:

- A fine based on your income
- A surcharge of 40% of the value of the fine
- A contribution towards TfL's costs
- Compensation for the fares avoided

If you are found guilty then this is a criminal conviction. If you are prosecuted under the TfL Bylaws (which is what normally happens) then the conviction isn't normally recorded on the Police National Computer and won't normally appear on Basic DBS checks although we always advise people to be honest when asked if they have a conviction.

Here's a link to TfL's Revenue Enforcement & Prosecutions Policy which you might find worth reading:

https://content.tfl.gov.uk/revenue-enforcement-and-prosecutions-policy.pdf

 

[furlong]

If you're dealing with TfL and hoping to persuade them to avoid court, you should make the effort now to present them with a full package of mitigation including character references. (This goes well beyond what Hadders mentions and is a service a solicitor can provide at a cost or something you can try to do yourself.) This isn't wasted effort as if the case does go to court (as remains likely) and you are convicted, you'll be able to present the same material to the court anyway in an attempt to minimise the punishment.

 

[island]

The prosecution costs should not be higher for a guilty plea on an SJP vs an appearance, though @island may have more current knowledge than I.

You are correct – emphasis to be placed on the word should – if just a single offence is dealt with. If the defendant wishes to have other offences taken into consideration when pleading guilty, that might bump the costs up a tad.

 

[spotify95]

You are correct – emphasis to be placed on the word should – if just a single offence is dealt with. If the defendant wishes to have other offences taken into consideration when pleading guilty, that might bump the costs up a tad.

This is probably where I've seen the £375 court costs figure being quoted then. Usually, if TfL only prosecute for the offense they can prove (the time the OP was stopped) then the costs will be lower, and if other offenses are taken into consideration then it usually isn't dealt with via the SJP anyway.

Hence why I said earlier that, if the OP was convicted of the one offense, but all other offenses were taken into consideration, the £375 likely court costs would be significantly higher than the £150-200 quoted for just a single offence with nothing else considered.

We will only know the exact figures once any court paperwork is received - and if the OP doesn't want to get convicted then they should seek the services of a solicitor based around rail fare evasion. It is very rare for misuse of a valued pass (such as a 60+ Oyster) to be dealt with by means of a warning unless a solicitor is used - and even with solicitors' services, a warning is not guaranteed.

 

[zak434]

I had an issue with TFL as I was mistakenly using my father’s 60+ Oyster card and was caught. I hired BSB solicitor Victoria Duff, who supported me throughout the process. She was extremely kind, proactive, and always available to answer my questions.

At one point TFL were considering continuing with prosecution, but Victoria went the extra mile to find additional documentation that could support my case. Thanks to her professionalism and dedication, the outcome was very positive – instead of prosecution, I only received a warning note.

I am very grateful for Victoria’s help and would highly recommend her services to anyone who needs legal support, and definitely i won't use that card again for sure.

 

[Cantab26]

I hired BSB solicitor Victoria Duff, who supported me throughout the process. She was extremely kind, proactive, and always available to answer my questions.

At one point TFL were considering continuing with prosecution, but Victoria went the extra mile to find additional documentation that could support my case. Thanks to her professionalism and dedication, the outcome was very positive – instead of prosecution, I only received a warning note.

I am very grateful for Victoria’s help and would highly recommend her services to anyone who needs legal support, and definitely i won't use that card again for sure.

For the record, there is no registered solicitor of that name.

There is an unregistered barrister called Victoria Duffy. She is a paralegal employed by a firm of solicitors who assists with criminal defence work.

 

[87electric]

I had an issue with TFL as I was mistakenly using my father’s 60+ Oyster card and was caught. I hired BSB solicitor Victoria Duff, who supported me throughout the process. She was extremely kind, proactive, and always available to answer my questions.

At one point TFL were considering continuing with prosecution, but Victoria went the extra mile to find additional documentation that could support my case. Thanks to her professionalism and dedication, the outcome was very positive – instead of prosecution, I only received a warning note.

I am very grateful for Victoria’s help and would highly recommend her services to anyone who needs legal support, and definitely i won't use that card again for sure.

You have had a very favourable result with a warning.