TFL Prosecution

[AXL45]

Hello,

Today I accidentally forgot to tap in at my entry station, and when I was about to exit, there was a line of officers checking the cards. When they asked me for mine, I panicked, and I presented them with a previously blocked card (I didn't tap in, so it wouldn't have made any difference). They took my details and mentioned I would receive a letter in the mail.

So my question now is what will happen next. I am not a repeating fare evader, and I am willing to pay for the fare and any costs they may have incurred from me evading the fare, but I am kind of worried right now until I get the letter.

Also, I am on a work Visa, so not sure how this would affect its renewal.

Any advice on possible outcomes and how to proceed is very much appreciated.

Thank you!

 

[z444z]

Welcome.

Bad news - TfL almost always prosecute. You can’t settle with TfL for money. You either accept being prosecuted, or you present them with mitigation in line with their prosecutions policy (available online) and if you convince them they issue a warning letter instead.

We generally only see success with TfL where genuine mitigating circumstances exist and can be evidenced, and where a solicitor has been used to help present the mitigation to TfL.

You’d need a solicitor that specialises in fare evasion - there are a few that come up regularly on the forum, I’m sure someone will send the list tomorrow. It wouldn’t be cheap - £800+.

If there are no mitigating circumstances, or there are but you can’t afford a solicitor, respond to the Verification Letter (the letter you’ll receive first) apologising and setting out any mitigation (we can help you with writing this if it comes to it). If this fails and they do bring a prosecution, you can plead guilty at the first opportunity to have the fine reduced by a third.

We can’t offer advice on immigration/visa matters. It might be worth speaking to a charity or organisation of some sort that can offer the advice you need, or paying for professional advice on this.

One question I have, that you don’t have to answer here but should have a think about before you say anything like it to TfL: why is one of your cards blocked from use on the TfL network if you are not a “repeating fare evader”?

There isn’t much you can do until you receive the letter. Obviously you need to be really careful to pay the correct fare every time from now on. Once the letter arrives, come back and we can help

 

[AXL45]

Welcome. Bad news - TfL almost always prosecute. You can’t settle with TfL for money. You either accept being prosecuted, or you present them with mitigation in line with their prosecutions policy (available online) and if you convince them they issue a warning letter instead.

We generally only see success with TfL where genuine mitigating circumstances exist and can be evidenced, and where a solicitor has been used to help present the mitigation to TfL.

You’d need a solicitor that specialises in fate evasion - there are a few that come up regularly on the forum, I’m sure someone will send the list tomorrow. It wouldn’t be cheap - £800+.

We can’t offer advice on immigration/visa matters. It might be worth speaking to a charity or organisation of some sort that can offer the advice you need, or paying for professional advice on this.

One question I have, that you don’t have to answer but should have a think about before you say anything like it to TfL, is why do is one of your cards blocked from use on the TfL network if you are not a “repeating fare evader”?

Hi!
Thank you for the quick answer. To answer the question of why my card is blocked, it happened a long time ago, and I sincerely don't know why it is blocked. Since then, I have used another card. I haven't received any notice or warning before.
I also read online that there is the possibility of answering the letter with an honest account of my actions and could "get away" with a fine and a warning. Can this be the case or have the rules changed since then?
Sorry if i'm asking some dumb questions, but I am quite worried.

 

[John R]

Surely if you accidentally forgot to tap in you wouldn’t have remembered and panicked when you saw the inspectors but would assume that you had tapped in and presented the card?

 

[dosxuk]

Surely if you accidentally forgot to tap in you wouldn’t have remembered and panicked when you saw the inspectors but would assume that you had tapped in and presented the card?

The other question TfL will be asking is "if you did remember you hadn't tapped in, why would you deliberately chose to present a card you knew to be blocked to the inspectors?"

 

[Titfield]

could "get away" with a fine and a warning

The short answer is No.

When you are prosecuted if you plead guilty or are found guilty then the prosecution is successful. A fine is the sanction that is imposed. Your receive a criminal record as that is the record of you being prosecuted and pleading or found guilty.

A criminal record for a minor ticketing offence is unlikely to have significant consequences unless you work in a regulated profession.

If you search this forum (use the button top right) there are many threads which discuss the consequences of prosecution and a criminal record in detail.

 

[AlterEgo]

Looks like clear fare evasion. "Accidentally" forgot to tap in, remembered somehow, presented a blocked card (which would be blocked because it had failed previous inspections). No intent to pay the fare.

TfL usually prosecute under the TfL Bylaws. If this will affect your immigration status you should consult a specialist immigration lawyer who is trained in these matters.