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TFL fare evasion help

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Hello316

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My husband has a staff nominee card as his dad worked for TFL. He lived with his parents till he got married to me then we moved out. Problem is he continued using the card whilst not living in the family home. 4 enforcement officers came to the door today and told him he will get a letter and will have to go to court and possibility of a criminal record. I’m really worried as he will lose his job if he has a criminal record. We face 2 young kids and I don’t know how we will cope. We both are extremely distressed right now

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furlong

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For how long has this situation been going on?

Are you aware of anything that precipitated the visit? For example, was his pass examined by an inspector while travelling? How did they find the right address?

I think we'd all strongly suggest seeking professional legal advice, which you'll have to pay for, as offering the best chance of minimising the impact.
 

Fawkes Cat

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My husband has a staff nominee card as his dad worked for TFL. He lived with his parents till he got married to me then we moved out. Problem is he continued using the card whilst not living in the family home. 4 enforcement officers came to the door today and told him he will get a letter and will have to go to court and possibility of a criminal record. I’m really worried as he will lose his job if he has a criminal record. We face 2 young kids and I don’t know how we will cope. We both are extremely distressed right now

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Welcome to the forum.

One thing that you and your husband need to work out is what impact this will have on his employment. There are some jobs where you need an absolutely clean history - but in our experience, many (even most) jobs either don't care, or need to know about prosecutions, but are otherwise happy. If your husband is a member of a union, he should talk to them to find out what the state of play is where he works. If he works in a regulated profession (so where there's something like the GMC for doctors or the various institutes for accountants - that sort of thing) then it's worth looking in details at the rules on the regulator's website.

It sounds as if you're not challenging the facts - but make sure you get the size of the problem in perspective!
 

AlterEgo

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My husband has a staff nominee card as his dad worked for TFL. He lived with his parents till he got married to me then we moved out. Problem is he continued using the card whilst not living in the family home. 4 enforcement officers came to the door today and told him he will get a letter and will have to go to court and possibility of a criminal record. I’m really worried as he will lose his job if he has a criminal record. We face 2 young kids and I don’t know how we will cope. We both are extremely distressed right now

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I don't think we've ever seen anyone visited at home before. Perhaps this is a new strategy.

Did they ask any questions under caution? Did they present any evidence? Were any admissions made?
 

Hello316

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So basically they checked if husband lived here then spoke only to him I wasn’t allowed to be there! They told me they need to discuss privately with him. They told him TFL will send him a letter, he will go to court and will be prosecuted. My husband is very upset right now so i can’t ask him any follow up questions but that’s all I remember. He was very shaken up and kept telling me he could end up paying tens of thousands. He thinks they will back date all his travel and with court costs it could end up being £50,000+

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I don’t know how we will afford any repayments. We are literally living pay check by pay check and still are overdrawn every month. I feel so overwhelmed. I’m trying to hold it together for my kids. I don’t want to sound dramatic but my husbands mental health is so fragile right now I’m worried he will do something stupid. I really want to be able to sort this out or give him some encouragement. How far back will they backdate his fare? How much will we likely have to pay back? Could he really lose his job if he’s found guilty and has a criminal record?

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his pass was inspected 3 weeks ago but they just looked at it and handed back to him. Nothing happened till this morning when the law enforcement came to the door. I have just found out that they went to father in laws home first not telling him who they were and he responded “he does not live here” they asked for husbands address and were given our home address by father in law
 
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Fawkes Cat

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So basically they checked if husband lived here then spoke only to him I wasn’t allowed to be there! They told me they need to discuss privately with him. They told him TFL will send him a letter, he will go to court and will be prosecuted. My husband is very upset right now so i can’t ask him any follow up questions but that’s all I remember. He was very shaken up and kept telling me he could end up paying tens of thousands. He thinks they will back date all his travel and with court costs it could end up being £50,000+
As a general piece of advice, your husband should try very hard not to do any more discussions without someone with him. A solicitor would be good but is expensive: a friend or relation can listen, take notes and make sure the other side doesn't put words in your husband's mouth.
 

Haywain

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It might be helpful for readers to be aware that a nominee pass is only issued to someone residing at the same address as the staff member, and this clearly isn't the case in this thread.

How long the OP's husband has held a pass while living at a different address is relevant to this case and if it is a significant period I would suggest that professional legal advice should be sought
 

tatitiliti

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My husband has a staff nominee card as his dad worked for TFL. He lived with his parents till he got married to me then we moved out. Problem is he continued using the card whilst not living in the family home. 4 enforcement officers came to the door today and told him he will get a letter and will have to go to court and possibility of a criminal record. I’m really worried as he will lose his job if he has a criminal record. We face 2 young kids and I don’t know how we will cope. We both are extremely distressed right now

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For any future dealings with them, your and his answer to ALL questions is ‘no comment’, unless in the presence of legal representation. To this end, I strongly advise hiring a solicitor - there are several good ones who specialise in these cases that people know on this forum. I believe @yorkie has contact with one or two.

They are not speaking to your husband to help him out (only to give TfL leverage in court) and he is NOT legally obliged to answer any of their questions - in fact, unless they are police, you have the right to slam the door or refuse to answer - which may well be advisable.
 

pelli

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The forum had a long thread in 2021 for a case in which a (non-TfL) Train Operating Company employee was ultimately dismissed after their spouse was caught misusing a spouse travel pass for commuting (which is not allowed by the terms and conditions of that particular pass). Not all details of the case were made public in the thread so we don't have the complete picture and can't say what ultimately led to the decision to dismiss, but it seems that the spouse's eligibility for the pass may also have been brought into question. Some snippets from the last few posts in the thread by a forum user who helped out with the case and hence was privy to more details:
Some further things that were not in this thread came to light just before the hearing.

He got sacked in the hearing - and did appeal however the appeal manager upheld the original verdict.

The company agreed to settle out of court for the money to be paid back.

In case anyone reading this is interested - the original report was an automated system that Rail Delivery Group have that monitors all staff/nominee smart cards. The card was flagged as it was being used on the same trains every weekday to and from London.
1. The use had been flagged by the system checking (I believe) six months use. The nominee then admitted to the revenue team that she had used it for 2 years. They were waiting at the destination specifically to stop her, following the report from RDG.

2. The information that was not shared with us was very substantial - and changed my outlook on the situation completely.
I can see why the company went after the employee when they discovered the other breaches of the terms and conditions regarding her eligibility to have the pass

This shows that misuse of nominee passes can also have serious implications for the employee's employment. However, if the employee
worked for TFL
but no longer do, then they obviously can't be sacked, although they could still have their own travel privileges withdrawn.

The usual caution that TfL may act differently to other TOCs applies (although normally when this is said it's in the context that, unless a solicitor intervenes, TfL almost always proceed to prosecution whereas other TOCs almost always settle out of court).

I wonder if TfL has an automated system that tracks where a pass is regularly used from and flags up if it's not the address on file for where the pass holder should be living. (This would in general help catch people misusing other people's passes, whether they were given it by the pass holder or obtained it by other means.)
 

furlong

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There are many aspects to this and the sooner you can involve a professional who is familiar with working with TfL, the better.
One key question will be whether your husband made any admissions when speaking to them or not. (E.g. admitting to knowing all along he shouldn't have been doing this.)
Also, for how many years this has been going on, and were any false representations made during that period (applications/requests from the wrong address).
And whether there was any attempt to hide things from the investigation or whether the response was co-operative.

If this was triggered by a ticket inspection as you suggest might be the case, that may be helpful.

You need a solicitor to assess all the information then they may write to TfL setting out the options for resolution from your perspective. This may include a realistic assessment of ability to pay (having considered borrowing options etc.) over some time period - and then you have to hope that the solicitor can reach a negotiated settlement. If that settlement includes a criminal element, hope that it can be negotiated down to a minimal sample offence (the day of the ticket inspection) or set of offences rather than the worst case of full blown fraud over an extended period.

Time is of the essence, as the sooner a solicitor intervenes, the better the chances of stopping things getting worse. (I.e. persuade them it's not necessary to continue the investigation as there's a quick way to resolve it that would be acceptable to both sides. From their perspective, they have a big incentive to reach a quick resolution because if they no longer need to put any more staff hours into your case it frees them up to go after the next person and there is certainly no shortage of investigative work waiting for them! If you wait till they've already done 90% of the work, that argument becomes weaker.)
 
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Mawkie

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This is certainly an unusual case, dare I say unique?

At this stage, I think we need to see any associated paperwork, with the usual redactions of name etc.
 

Fawkes Cat

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This is certainly an unusual case, dare I say unique?

At this stage, I think we need to see any associated paperwork, with the usual redactions of name etc.
Actually, we don't.

Given the amounts involved, I am with the emerging consensus that the OP 's husband needs to consult a lawyer - and it should be one who knows about TfL issues. Quite simply, with potentially £50k of evasion we're out of our depth - the potential consequences of us getting it wrong really would be life changing, and I don't think that's one for an internet forum to take on.

I think there are only two points for me to add before I butt out:

- there are a number of specialist solicitors out there: hopefully someone has their details to hand and will be able to mention them
- the OP's father in law could also be in trouble if they knew their son had been abusing the pass. If father in law is a member of a union (or if retired, maybe if they left the union on good terms at retirement) they should check with a rep as to what problems could be coming their way.
 

Swedenorer

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The advice given in posts above is excellent that is if you can afford to instruct a solicitor. But let's be clear about this - mitigation and negotiation are going to be hard here. The minute your husband moved out of the family home and continued to use the card trouble was inevitable. There are only 6 conditions for use given in plain English in a one page leaflet.

Condition 4. Your Staff Nominee Oyster card and Photocard / PTAC must
be returned immediately to Staff Travel if you cease to reside at the same address as the
associated employee or if the employee ceases to be employed. Failure to do this could result in
prosecution.

Condituon 6
Any improper use of your Staff Nominee Oyster card/Photocard/PTAC or any misconduct whilst
travelling may result in your travel benefits being withdrawn and those involved may be
prosecuted. Disciplinary action may be taken against the associated employee,

This is not impenetrable small print and no 'admissions' are required to prove the offence unless the card holder can claim in some way he was still residing at the nominators property. Certainly going forward he should not allow himself to be interviewed alone but I think you both must be prepared for TfL to take a very firm view on this. Have you a free law centre nearby? That might be the best first call.

I agree with FC there is little more advice or comfort we can give here.
 
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AlterEgo

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So basically they checked if husband lived here then spoke only to him I wasn’t allowed to be there! They told me they need to discuss privately with him. They told him TFL will send him a letter, he will go to court and will be prosecuted. My husband is very upset right now so i can’t ask him any follow up questions but that’s all I remember. He was very shaken up and kept telling me he could end up paying tens of thousands. He thinks they will back date all his travel and with court costs it could end up being £50,000+
You'd have to do a lot of travel on TfL to rack up £50k's worth of fares so that may be him catastrophising. But if that's the scale involved you need to get a solicitor immediately.
 

Haywain

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You'd have to do a lot of travel on TfL to rack up £50k's worth of fares
The OP said that could be "with court costs".

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It sounds like this may have been going on for several years, so I wonder if this could look like a fraud case rather than the more simple fare evasion.
 

Hello316

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I’m worried about posting on here now as I initially posted on another public forum with vague details before I found this forum. There’s really nasty person whose quoting things I’m saying on here and posting in the more public forum! I’m involving the moderators in other forum to delete her posts and block her from copying and pasting more responses. Once they’ve done that I’ll respond to all questions. I really didn’t need this stress. What horrible person does this? I’m trying to get advice and they are using my misery as a form of entertainment

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I won’t be able to post any meters and other things now till the person stops telling people what I’m posting. Could you please have some kindness and stop telling people on mumsnet what I’m posting here? Please have some empathy . There are people on here who can genuinely help me but you are stopping me from posting other things that could help
 

island

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We have no control over "mums net" and whilst I'm sure nobody here is actively telling people off this forum what you're posting, this forum is publicly viewable and anything you write here could be read by a user from there.
 

Hello316

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Thank you island. I’ll wait for my other thread to be deleted and I will only use this as I feel people genuinely want to help here whereas the other forum is seeing entertainment in my misery
 

SECR 65

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Thank you island. I’ll wait for my other thread to be deleted and I will only use this as I feel people genuinely want to help here whereas the other forum is seeing entertainment in my misery
You will find lots of very knowledgeable people here who are always happy to help.
 

AlterEgo

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The best thing you can do now is:

Talk to your husband and get a realistic appraisal of how much misuse actually happened, and then, instruct a solicitor specialising in fare evasion offences.

Nobody here has seen a case where TfL have doorstepped someone to ascertain where they live so I'm inclined to think this case is outside the expertise of the forum. You will certainly need a solicitor to handle this case, and I would not recommend posting about this online.
 

Fawkes Cat

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- there are a number of specialist solicitors out there: hopefully someone has their details to hand and will be able to mention them
And having looked back through previous threads with thanks to those who have previously found the details, relevant solicitors include the following
Manak Solicitors

Fare Evasion Solicitors | Kent & London | Manak Solicitors

Manak Solicitors: Skilled legal defence for fare evasion cases. Rely on our experienced team to protect your rights, challenge penalties, and guide you through the process.

manaksolicitors.co.uk


Makwanas


Fare Evasion Solicitors London | High Success Rate | TFL Solicitors

www.makwanas.co.uk

http://www.grayhooperholt.co.uk/default.asp?id=30

https://penmansedgwick.com/fare-evasion/

:
 

Haywain

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I am just going to add that involving a solicitor in this will have a significant cost attached. We see figures in the region of £600 to £1200 for relatively simple cases and this doesn't sound like a relatively simple case to me, so it is likely to be well into 4 figures.
 

flitwickbeds

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It seems the Mumsnet thread has now been deleted although some snippets are still visible on Google.

One thought from me (a completely non-qualified legal expert) - is it acceptable that the people who came to visit (allegedly) insisted that the OP could not be in the same room as their husband for the chat/interview? Seems to me that they had no right to do that?
 

Hello316

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It seems the Mumsnet thread has now been deleted although some snippets are still visible on Google.

One thought from me (a completely non-qualified legal expert) - is it acceptable that the people who came to visit (allegedly) insisted that the OP could not be in the same room as their husband for the chat/interview? Seems to me that they had no right to do that?
Yes I agree that was quite weird. My husband gets very overwhelmed so they didn’t even allow me to be of any support to him
 

AlterEgo

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It seems the Mumsnet thread has now been deleted although some snippets are still visible on Google.

One thought from me (a completely non-qualified legal expert) - is it acceptable that the people who came to visit (allegedly) insisted that the OP could not be in the same room as their husband for the chat/interview? Seems to me that they had no right to do that?
They do have the legal right to insist on that, but all parties still retain their right to silence and they could simply have gone "no comment" and sent the investigstors away. This would have been the prudent thing to do but it is easy to say that in hindsight. No requirement to identify yourself or admit to anything.
 

island

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One thought from me (a completely non-qualified legal expert) - is it acceptable that the people who came to visit (allegedly) insisted that the OP could not be in the same room as their husband for the chat/interview? Seems to me that they had no right to do that?
They are entitled to exclude anyone else from the interview other than a bona fide legal representative.

Amongst other reasons, this would help with detecting any inconsistencies between stories, and prevent prompting.
 

flitwickbeds

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They do have the legal right to insist on that, but all parties still retain their right to silence and they could simply have gone "no comment" and sent the investigstors away. This would have been the prudent thing to do but it is easy to say that in hindsight. No requirement to identify yourself or admit to anything.
Under what circumstances is it legal for (TfL employees?) to insist on a chat/interview with no witnesses allowed, in your own home?

From my research not even the police can do this, unless it's an interview under caution in which case (a) you can ask for a solicitor to be present, and (b) it must be (at least) audio-recorded.

(EDIT - having re-read the OP's post it's not clear that the interview was at home. The way it is written is ambiguous and I initially took it to mean they turned up at the door and immediately went to interview, but this could easily be my misinterpretation.)

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So basically they checked if husband lived here then spoke only to him I wasn’t allowed to be there! They told me they need to discuss privately with him.
 
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AlterEgo

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Under what circumstances is it legal for (TfL employees?) to insist on a chat/interview with no witnesses allowed, in your own home?
They can't compel you to say anything, as I have said. But they can certainly insist thay if they do speak to you, it is on your own with no other party (who may, for all they know, be implicated in the offending). At the same time, you don't have to speak to them, or agree to the request, or even let them in, or confirm who you are.
 
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