SJPN from TFL

[randomiser a.]

Out of my stupidity, I used a family members student 26-30 oyster card on 9th October.

An inspector stopped me and I accepted my mistake requesting him to settle with a fine but notice still came.

Now question is since this is one off incident and fare invaded is 6.7, what all should I mention?

My response says I am deeply regretting my decisions and I apologize for my actions. I will make sure that it doesn't happen again.

1. Will it appear on DBS?
2. Should I add any SOB story? I am apologetic for this stupidity of mine genuinely.
3. How much could they fine for this? I have high income and high expenses what should I add in this section.
4. Should I request that they don't take it further since it could hamper my career and settle it with fine?

Any help is appreciated. Thank you.

 

[mikeg]

Out of my stupidity, I used a family members student 26-30 oyster card on 4th October. It was between barbican and harrow on the hill station.

An inspector stopped me and I accepted my mistake requesting him to settle with a fine but notice still came.

Now question is since this is one off incident and fare invaded is 6.7, what all should I mention?

My response says I am deeply regretting my decisions and I apologize for my actions. I will make sure that it doesn't happen again.

1. Will it appear on DBS?
2. Should I add any SOB story? I am apologetic for this stupidity of mine genuinely.
3. How much could they fine for this? I have high income and high expenses what should I add in this section.
4. Should I request that they don't take it further since it could hamper my career and settle it with fine?

Any help is appreciated. Thank you.

1. Depends on which law you are charged under. If it's a regulation of railways act offence it will appear on a standard DBS for a year after conviction, after which it becomes 'spent'. I can't really advise re enhanced DBS, the experts will be able to advise on this. It's more likely a byelaw offence which shouldn't appear on any Standard DBS and again will become spent after a year, assuming you're dealt with by way of a fine.
2. No, absolutely not. They've heard it all before. Enter any genuine mitigation, nothing more.
3. You may wish to read the Sentencing Guidelines with regard to fare evasion for the amount.
4. I don't think you understand. This is a court procedure. You don't settle with the fine, if you own up you'll be convicted and almost certainly fined. If you mean engaging with TfL further that is a possibility. But I wouldn't hold your breath, the ball is in their court and TfL only seem to settle in exceptional circumstances.

Honestly, save for a last-ditch settlement my advice given what you've told us so far would be to plead guilty, express any remorse and accept the consequences.

 

[John R]

4. Should I request that they don't take it further since it could hamper my career and settle it with fine?

Re point 4, whilst very articulate and persuasive (and presumably expensive) lawyers occasionally get sentences, once convicted, reduced on the effect it will have on someone’s career, for a very routine case like this it is highly unlikely. Not least because TfL (who in this case are deciding whether to prosecute you, rather than passing sentence) presumably hear the request on numerous occasions and will probably take a somewhat jaundiced view along the lines of “yes well, don’t break the law if you don’t want your career to be impacted”.

 

[randomiser a.]

Thank you so much. This really helps. It is a bylaw I checked.
Hopefully last two questions:
1. What is mitigation here?
2. Around financial details, they also are asking for expenses and assets. I own no assets since I am here for an year and a half and this happened partially due to my lack of knowledge too. Had I known the severity, I wouldn't have done such a thing. Is there anything I should mention which helps reducing the fine somewhat?

 

[John R]

It would help us if you post the copies of any letters you have been sent, together with your response, with any personal or identifying text removed (including case numbers etc).

Re the financial details, maybe there is some guidance as to how you should fill this in, eg what expenses they consider allowable, and what assets to include (which would presumably include any savings accounts, shares, ISAs etc)?

 

[pedr]

In the context of the actual court process, mitigation means accepting that you are guilty (or, at least, that a court has found you guilty) and providing reasons why the punishment should be less than the court might otherwise impose. In offences punished by a fine, this would mean a lower fine. It does not involve attempting to convince the court not to convict; that attempt comes earlier in the process (and then removes or dampens the ability to claim 'remorse' in an attempt to reduce the fine).

 

[Titfield]

Re point 4, whilst very articulate and persuasive (and presumably expensive) lawyers occasionally get sentences, once convicted, reduced on the effect it will have on someone’s career, for a very routine case like this it is highly unlikely. Not least because TfL (who in this case are deciding whether to prosecute you, rather than passing sentence) presumably hear the request on numerous occasions and will probably take a somewhat jaundiced view along the lines of “yes well, don’t break the law if you don’t want your career to be impacted).

I think that is a very apt point. Fare evasion on TfL (indeed many metropolitan transport networks of this type) is a significant problem and thus there is an almost industrial process dealing with them. For that reason any argument advanced to avoid a prosecution would have to be extremely compelling / unique. Doubtless tfLs argument would be that only prosecution deters an individual for continuing to evade fares. A warning simply is not enough.

 

[randomiser a.]

Here is what I wrote:


To begin with, I firstly apologise and express my deepest regret for my actions on 4th October. I accept my mistake and I understand the seriousness of the matter at hand.


I want to inform you that I am a frequent traveller with TFL and consistently use my card for the travel, on the incident day I am deeply regretted to say that I used my family member’s card which I had no right to use. I should never have done that, I feel guilty and learnt my lesson and want to assure you such an occurrence wouldn’t happen again.
I have recently moved to Uk (mid 2022)and a week's fine would set me back a lot in the current situation.
I humbly thank you for reviewing my case and I am ready to accept the penalty you impose on me.

 

[WesternLancer]

Here is what I wrote:


To begin with, I firstly apologise and express my deepest regret for my actions on 4th October. I accept my mistake and I understand the seriousness of the matter at hand.


I want to inform you that I am a frequent traveller with TFL and consistently use my card for the travel, on the incident day I am deeply regretted to say that I used my family member’s card which I had no right to use. I should never have done that, I feel guilty and learnt my lesson and want to assure you such an occurrence wouldn’t happen again.
I have recently moved to Uk (mid 2022)and a week's fine would set me back a lot in the current situation.
I humbly thank you for reviewing my case and I am ready to accept the penalty you impose on me.

It seems to me that what you are saying here is 'I am guilty, please punish me and I am happy to accept that'

If you are responding to them it might at least be worth asking them not to punish you to the maximum - ie ask if they will settle it without court action against you. I don't think there is much chance as TfL prosecute most cases, but there can be nothing lost by asking. So I would suggest a different end to your response - for example as below:


Dear Sir / Madam

TFL reference number:

To begin with, I firstly apologise and express my deepest regret for my actions on 4th October. I accept my mistake and I understand the seriousness of the matter at hand.

I want to inform you that I am a frequent traveller with TFL and consistently use my card for the travel, on the incident day I am deeply regretted to say that I used my family member’s card which I had no right to use. I should never have done that, I feel guilty and learnt my lesson and want to assure you such an occurrence will not wouldn’t happen again.

I have recently moved to Uk (mid 2022) and a court week's fine would set me back a lot in the current situation.

I humbly thank you for reviewing my case and I am ready to accept the penalty you impose on me. would like to ask if you would be prepared to consider allowing me to settle this matter out of court.

Yours faithfully.

 

[randomiser a.]

That helps thank you. I would be sending soon. Will let you know what happens

 

[Bungle158]

Personally, l feel that 'mistake' trivialises the case and is perhaps not the right word to use.

An apology, emphasising recognition of the seriousness of the matter and taking ownership of what is a potential criminal offence may be better. Perhaps "a lapse of judgement," would cover it.

 

[randomiser a.]

Sure. That makes sense. One last thing. Another reason was due a personal mishappening that occured 2 days before (grief during the time). Would it help the case if I mention it?

 

[WesternLancer]

Sure. That makes sense. One last thing. Another reason was due a personal mishappening that occured 2 days before (grief during the time). Would it help the case if I mention it?

probably not - I can't see any link between grieving for someone, and choosing then not to pay the right fare (ie cheating TfL as they would see it). so probably no benefit in mentioning it.

 

[AlterEgo]

Sure. That makes sense. One last thing. Another reason was due a personal mishappening that occured 2 days before (grief during the time). Would it help the case if I mention it?

Did the grief cause you to be dishonest? What relevance has it?

 

[Hadders]

A conviction under the TfL Bylaws won't normally be entered into the Police National Computer so ordinarily won't show on DBS checks.

If you plead guilty the court will impose a fine as a punishment. This is based on your income and is normally discounted by a third for pleading guilty at the earliest opportunity. The mitigation you provide will be taken into consideration when the level of the fine is set. In addition you will have to pay:

- A surcharge of 40% of the value of the fine
- A contrinution towards TfL's cost in bringing the case to court
- Compensation for the fare avoided

 

[island]

I used a family members student 26-30 oyster card on 9th October.

There isn't any such thing as a "student 26-30 Oyster card".

What exactly were you using?