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TFL are charging me

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Brennerz

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16 May 2024
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3
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Essex
I stupidly tried to bump barriers at Oxford Circus after a night out. Didn't realise there were TFL officer's because I was intoxicated and tried to flee, was caught and then my details taken.
This was my response to the TFL verification letter:

Dear Sir / Madam, I, *, am writing in response to the receipt of a “TFL Verification Letter” dated 18.03.24 which brings the accusation of Fare Evasion committed on 16.03.24 against me. In this letter, I wish to outline my acceptance of the named offence, as well as provide reasons why TFL should decide against prosecution. I would first like to offer a full apology to the Transport Support & Enforcement officers whom I encountered in the early morning hours of 16.03.24. I wholly acknowledge that my actions concerning a lack of initial compliance caused stress and confusion to these workers and accept their use of force to detain me. However, it is to be noted that I am not a regular user of TFL as I do not reside in Greater London. Therefore, this confrontational experience, at the time, appeared new and intimidating to me. I have only recently turned 18 years of age, am still in full-time education, and hence unemployed, looking to begin university in September. I hope that during the processing of this case, it is taken into account that this is my first offence for any public transport violation and that once apprehended, I did not try and hide my identity from the officers and fully complied with their demands. Please do not hesitate to contact me on this email if you have any further inquiries.

I then received a plea. I have some weeks to fill it out. I am obviously going to pick guilty and provide the circumstances.

I know what I did was wrong and I fully regret my actions. My question is whether I should ask for an out of court settlement or not.
The offenses I am charged with are:
On 16/03/2024 At Oxford Circus Where the entrance to or exit from a platform or station is via an automatic ticket barrier did enter or leave the station, except with permission from an authorised person, without passing through the barrier in the correct manner

Contrary to byelaws 9(2) and 23 of the Transport for London Railway Byelaws made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962.

My other questions is whether I will receive a criminal record, and if so, will it appear on a DBS check. Will this harm my success in the work place (banking)?

Thank you for reading and I would appreciate any help on the matter.
 
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furlong

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Don't they know which it was? "did enter or leave" !

Your account suggests aggravating factors - things that made what you did WORSE. The attempt would be likely to fail but there's nothing to be lost asking to settle out-of-court, mentioning your concerns about a conviction for your future career. (They do sometimes take those sorts of concerns into account.) But that paragraph you've written doesn't come close to what might be needed to satisfy TfL. It's only focussed on YOU. They aren't interested in that. Where's the understanding of what you put their staff through? How would you feel if you were on the other side and it was your job to use force against a person like you? Where's the apology?

Regulators though are primarily interested in offences involving DISHONESTY, and although the circumstances surrounding it involve this, the basic offence here does not fall into that category, so in reality, as long as you always declare it, I'd be surprised if it was much of an impediment to your envisioned career.
 

furlong

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Seriously, do read back what you wrote there and think how it looks to them. You broke the law, tried to get away, and complain that what they did to catch the criminal was "intimidating"? Are you trying to have a laugh?
 

Brennerz

New Member
Joined
16 May 2024
Messages
3
Location
Essex
Seriously, do read back what you wrote there and think how it looks to them. You broke the law, tried to get away, and complain that what they did to catch the criminal was "intimidating"? Are you trying to have a laugh?
Does a better plea help me avoid a prosecution/ charge?
 

AlterEgo

Verified Rep - Wingin' It! Paul Lucas
Joined
30 Dec 2008
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Does a better plea help me avoid a prosecution/ charge?
I think if they have got to the stage where they have used force to detain you then you are long past that point. There’s nothing to stop you asking once more to settle out of court but as this doesn’t appear to be a particularly simple case I doubt that will be successful.
 

John R

Established Member
Joined
1 Jul 2013
Messages
6,157
Does a better plea help me avoid a prosecution/ charge?
Almost certainly not. TfL prosecute for straightforward fare dodging, and there are several aggravating circumstances in your case. Suggesting that their use of force to detain you was intimidating because you are not a regular user of TfL’s services is bluntly ludicrous.
 

Hadders

Veteran Member
Associate Staff
Senior Fares Advisor
Joined
27 Apr 2011
Messages
18,162
The time to ask for an out of court settlement was when your replied to the Verification Letter. That said, TfL generally do not offer out of court settlements and given what you've told us about the incident I'm not surprised that they're prosecuting you.

We could do with seeing the court papers you've been sent (but do cover up any case reference numbers and personal details). Generally speaking if you plead guilty then you can expect to have to pay:

- A fine based on your income (normally reduced by a third if you plead guilty at the earliest opportunity)
- 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. A conviction under the TfL Byelaws 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. I recommend checking your contract of employment to see if you are required to tell your employer about a criminal conviction - the issue is normally not disclosing it when you are required to do so rather than the conviction itself.

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

 

jumble

Established Member
Joined
1 Jul 2011
Messages
1,503
I stupidly tried to bump barriers at Oxford Circus after a night out. Didn't realise there were TFL officer's because I was intoxicated and tried to flee, was caught and then my details taken.
This was my response to the TFL verification letter:

Dear Sir / Madam, I, *, am writing in response to the receipt of a “TFL Verification Letter” dated 18.03.24 which brings the accusation of Fare Evasion committed on 16.03.24 against me. In this letter, I wish to outline my acceptance of the named offence, as well as provide reasons why TFL should decide against prosecution. I would first like to offer a full apology to the Transport Support & Enforcement officers whom I encountered in the early morning hours of 16.03.24. I wholly acknowledge that my actions concerning a lack of initial compliance caused stress and confusion to these workers and accept their use of force to detain me. However, it is to be noted that I am not a regular user of TFL as I do not reside in Greater London. Therefore, this confrontational experience, at the time, appeared new and intimidating to me. I have only recently turned 18 years of age, am still in full-time education, and hence unemployed, looking to begin university in September. I hope that during the processing of this case, it is taken into account that this is my first offence for any public transport violation and that once apprehended, I did not try and hide my identity from the officers and fully complied with their demands. Please do not hesitate to contact me on this email if you have any further inquiries.

I then received a plea. I have some weeks to fill it out. I am obviously going to pick guilty and provide the circumstances.

I know what I did was wrong and I fully regret my actions. My question is whether I should ask for an out of court settlement or not.
The offenses I am charged with are:
On 16/03/2024 At Oxford Circus Where the entrance to or exit from a platform or station is via an automatic ticket barrier did enter or leave the station, except with permission from an authorised person, without passing through the barrier in the correct manner

Contrary to byelaws 9(2) and 23 of the Transport for London Railway Byelaws made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962.

My other questions is whether I will receive a criminal record, and if so, will it appear on a DBS check. Will this harm my success in the work place (banking)?

Thank you for reading and I would appreciate any help on the matter.
Is the following written by chat GPT by any chance?
Therefore, this confrontational experience, at the time, appeared new and intimidating to me.
I doubt a prosecutoe id going to be impressed by it.

== Doublepost prevention - post automatically merged: ==

I think if they have got to the stage where they have used force to detain you then you are long past that point. There’s nothing to stop you asking once more to settle out of court but as this doesn’t appear to be a particularly simple case I doubt that will be successful.
I agree that TFL are very likely to prosecute
I had an interesting chat with a TFL enforcement chap at Stratford station the other day where they seem to be well ensconced.
I was unaware that they routinely physically eject imbeceles who are being a nuisance on the station and am very pleased that TFL are taking such a robust approach
( My surprise is in the context of previous observations here that most TOC staff are actively discouraged to get hands on)
 
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