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Southeastern - Provisionally authorized for prosecution

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DaveK

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I have been traveling using my weekly Z1-Z2 Oyster card even though I was living in Z4. The reason is I get a lift every day. On the days that I am not getting a lift, I use my PAYG Oyster for travel to end destination and touch out.

Once before when I got down at Z4 some revenue officers was checking tickets and I produced my Oyster. Nothing but only a polite “thank you” was said. I was under the impression that I do not have to touch out anytime revenue officers were at the end destination and were validating tickets. I thought if I touched out it will incur as in a start of another journey and they will charge me again for the whole day.

Secondly, within zone 1-2 if I have to touch out, I do otherwise I do not as I have already pre-paid for the journey. Since I never had an issue, I had continued to do for some time now.

One day I travelled to Z8 and revenue officers were at the station I produced my Oyster and walked out. One officer followed me and ask did I touched out my Oyster, I said “No” as I had already been validated by them at the same station (my PAYG Oyster had £48 in credit)

He called me in saying that he needed to have a chat, he checked my journey history and asked why I had not touch out some days. Since it is within Z1-Z2, I explained that unless I had to I do not usually, as I already had a pre-paid valid ticket.

Then he said that I was wrong and that I needed to touch out no matter what. I said I’m sorry I didn’t know anything of that before (as I thought because I had a pre-paid ticket for those zones I have already paid so I didn’t need to touch) and I shall do so from now on. He then asked why I did not touch out on that day after validating my ticket. Therefore, I told him that I was under the opinion that if I touched after the ticket being validated by them it will incur me a new journey cost so I didn’t touch again as I had validated my ticket with him.

He explained to me that validation in the station does not mean that I have touched out; therefore, I need to touch out. I explained that I did not realise this as I was under the opinion that once and officer validates at the exit of a journey I will not need to and said that I shall remember to touch from now on even if an officer validates it.

They took my details and gave me a “Witness statement MG11”. So as per the new finding, and as promised by me when I came out, I touched out.

Since this discovery, I have now always touched out and have always touched out even if an officer has validated my ticket.

I have never had any penalty / any type of court case in my life. I have always lived by the rules avoiding unnecessary headaches. This was a genuine mistake on my part by misguided opinion and wrong information.

Now after a month I have received this letter asking me to disclose all my very personal details (ie NI Number etc) and brief description of the event or otherwise they are going to proceed to court.

As stated to the officer and above, I was under a wrong opinion, which I have promptly changed. Please help me, as I have no clue what to do and how to avoid court charges. I am in education and this is going to affect my career too.
 
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MikeWh

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First, to clear up, the officer is correct that you should touch in and out on every journey, even if covered by a travelcard. There is no penalty if you don't do so, but the rules say you should. He is also correct that a revenue inspection does not take the place of a touch out.

Now, can you confirm that on the day you were stopped at Swanley you did go back and touch out after he had explained that you needed to? If you did, can you print out your journey history for that day? It only stays for 8 weeks, so as soon as possible would be good.

If you can then post details here, along with the wording on the letter you received, we can advise further.
 

DaveK

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First, to clear up, the officer is correct that you should touch in and out on every journey, even if covered by a travelcard. There is no penalty if you don't do so, but the rules say you should. He is also correct that a revenue inspection does not take the place of a touch out.

Now, can you confirm that on the day you were stopped at Swanley you did go back and touch out after he had explained that you needed to? If you did, can you print out your journey history for that day? It only stays for 8 weeks, so as soon as possible would be good.

If you can then post details here, along with the wording on the letter you received, we can advise further.

@MikeWh Thank you for your respond and really appriciate your advice. i have attache a "pdf" with jouney hisory and the wording of the letter I recevied.

Thank you
 

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najaB

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I'm not anything like as qualified as @MikeWh on matters Oyster related, but it seems to me that a valid touch-in plus sufficient PAYG credit to cover a maximum fare means that no offence has actually been committed.
 
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MikeWh

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I'm not anything like as qualified as @MikeWh on matters Oyster related, but it seems to me that a valid touch-in plus sufficient PAYG credit to cover a maximum fare means that no offence has actually been committed.
Well, not quite. As I understand it, the allegation is that the journey was not properly ended because there was no touch out. That would have been an offence, but after being spoken to the touch out was completed. Usually the inspectors would prevent the touch out from happening, but this hasn't happened here.

@DaveK Can you confirm what was said on the MG11 and/or what the subject/header says on the letter. I need to be sure exactly what the allegation is. As it stands it looks like they have no case, but I want to be sure before advising what to write in response.
 

najaB

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As I understand it, the allegation is that the journey was not properly ended because there was no touch out. That would have been an offence...
Under TfL Byelaws? Because it's definitely not a Byelaw 18 offence and you'd be hard pressed to say that they demonstrated an intent not to pay the correct fare (since they could and would have paid the higher maximum fare).
 

MikeWh

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Under the conditions of use for Oyster you must touch in and out at each end. I can't link to the document at the moment. The OP, thinking that the revenue check had ended their journey, walked off without touching out. That is an offence. Thankfully for the OP they did touch out one their mistake had been pointed out.

I really do want to see what was said on the MG11 to make sure that this is the issue, and not something else.

PS. Because the touch in was in the travelcard area there was no maximum fare deducted.
 

DaveK

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@MikeWh Please find the attached MG11. I have seven days to reply to this letter. Also they have requested my D0B-NI-Occupation- Telephone, Signature etc. Why do they need my NI number and Occupation..?
Many thanks in advanced..!
 

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MikeWh

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OK, it seems clear that the matter is relating to walking past the validators.

I would respond to the letter briefly explaining that you erroneously thought that a revenue check on the station would end the journey. Once the inspector corrected this misconception you touched out to complete the journey. As there is now no debt to the company you trust that the matter will be closed. Enclose a copy of your journey history (the full one with TfL header at the top).

I recommend you do not go into any further detail of previous incidents because they are past and irrelevant to this matter. Keep copies of everything you send just in case they try to take it further. I don't suggest giving them any additional details like NI number as they are irrelevant.

Good luck, and do come back if you get any further correspondance.
 

Clip

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Please make sure you download your journey history because when they look at it they will wonder about your travel patterns and why you only have a 1-2 when you live in a zone 4 area.
 

DaveK

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If I send my full Oyster Journey history for that week, that will show when I came out from Z2 where I have not touched in (I have the prepaid weekly ticket for Z1-Z2) But every morning after dropping kids to school I took the train from Bromley south and paid the difference.

Will they take my journey history and try to panelise me? Other than that, I have no issue sending it.
 

MikeWh

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Where did you leave the train in zone 2?
 

najaB

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Nunhead, Peckham rye, Elephant and castle, Denmark hill.
That could work for you or against you - is there a reason why your travel patterns are inconsistent? If there is (e.g. you are a temp worker and don't always work in the same place) then it helps back up that you were just innocently using Oyster the wrong way. If, however, there's a bus journey from those stations to the same place then it looks like you bail from the train when you see an inspector and complete the journey by bus.

(Not that I'm saying that you did, just that's one way it could appear).
 

DaveK

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On days I have had to travel from Z4, I have paid for that extra bit and gone.

The reason for me using different stops is because when I finish work I usually get a lift back, so depending on where they could pick me up from I come out of the station. Hence the different stations
 

najaB

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The reason for me using different stops is because when I finish work I usually get a lift back, so depending on where they could pick me up from I come out of the station. Hence the different stations
Okay, that makes sense.
 
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