TFL

[shamilpappy]

By using a different oyster card, my friend was discovered. In reality, he was rushing to his job when he accidentally took his friend's card and used it for tap. At that point, he was captured by police at the station, and they took all of his personal information. Therefore, I'm wondering if this will affect his criminal record and affect his ability to renew his PSW visa. Is there anything he can do to help him with this for the future?

 

[AlterEgo]

What sort of “different Oyster card” are we talking about here?

 

[John R]

Could you try and be a bit clearer as to what exactly happened to your friend, as it’s rather confusing.

We are not able to give advice regarding visa issues unfortunately.

 

[shamilpappy]

Could you try and be a bit clearer as to what exactly happened to your friend, as it’s rather confusing.

We are not able to give advice regarding visa issues unfortunately.

my friend bein caught with tfl police using his friend student oyseter. does it comes under criminal record? as he is student too.
does he get any effect on his visa extension
(PSW)

 

[WAB]

TfL are known for being very strict on the misuse of passes. They may settle out of court, or they may prosecute, which would result in a criminal record in the event of a conviction. This however would not generally show on DBS checks except in limited circumstances.

We need more information as to what TfL has said to your friend in order to assist further. We will need to see all of the paperwork that has been issued (with personal details redacted).

Please note that we are legally unable to advise on immigration matters, and I would recommend that your friend seeks advice on that matter from an appropriate source. For general advice, your friend's student union may be able to assist or point your friend in the right direction to find advice.

 

[Hadders]

Welcome to the forum!

Transport for London take misuse of Student Oyster Cards very seriously and a prosecution under the TfL Bylaws is the usual outcome.

As for what happens next TfL will send you a Verification Letter, normally within a couple of weeks. The letter will ask you to confirm or deny the incident and ask you to give any mitigating circumstances which you would like them to take into account when deciding how to proceed.

I suggest you mention the following in your reply:

- That you are sorry for what has happened
- What you have learned from the incident
- That you are keen to settle the matter without the need for court action
- Offer to pay the outstanding fare and TfL's administrative costs in dealing with the matter

TfL generally do not offer out of court settlements although in some very limited circumstances they have been known to issue a final warning instead of prosecution. Prosecutions are normally done through what is called a Single Justice Procedure Notice. This means that if you plead guilty it is not necessary to attend court in person (unless you choose to do), you simply return the form to the court with any mitigation you want them to tae into account and they will write to you with the details of the fine you have to pay.

If you are prosecuted and plead guilty (or are found guilty by the court) then you will have to pay:

- A fine based on your income
- 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. If you are prosecuted under the TfL Bylaws (which is what normally happens) then the conviction 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.

A criminal conviction for a railway ticketing matter won't normally affect future career prospects but do note that legally we are unable to comment or assist when it comes to immigration issues.

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

https://content.tfl.gov.uk/revenue-enforcement-and-prosecutions-policy.pdf

 

[fandroid]

Did he also have a Student Oyster Card, and simply picked up the wrong one?

 

[WesternLancer]

my friend bein caught with tfl police using his friend student oyseter. does it comes under criminal record? as he is student too.
does he get any effect on his visa extension
(PSW)

Your college or university student international office should be able to inform you or your friend of the impact that this could have on any student extension visa application / postgraduate student visa application etc, depending on what action TfL take. You should ask them and make an appointment to speak to someone in that service. They would almost certainly have staff who have knowledge in that area so I think it would be a good idea to talk to them about it confidentially.