Using a TFL staff pass without awareness

[Hadders]

Transport for London take misue of staff travel passes very seriously and prosecution under the TfL Bylaws in the Magistrates Court is the usual outcome. In addition the person who the pass belongs to could face a disciplinary investigation at work which could result in the removal of their staff travel facilities or even their dismissal.

It sounds as though you've already been sent a Verification Letter from TfL which asks you to confirm or deny the offence. You can also give any mitigation that you want TfL to take into consideration when they decide how to proceed. The points I normally suggest including in the reply have already been mentioned above so I won't repeat them again.

If having considered your reply TfL do decide to prosecute they will send what is called a Single Justice Procedure Notice which you will need to reply to. There are three possible replies:

1. You guilty and are happy for the case to be dealt with on the basis of the evidence and mitigation provided. Your do not need to attend court in person but will be notified of the outcome by post.
2. You plead guilty but wishe to attend court in person to give further mitigation to the Magistrates
3. You plead not guilty. You will have to attend court in person where the case will be heard before the magistrates who will decide if you are guilty or not guilty

If you plead guilty, or are found guilty following a trial then the court will impose a punishment. Your will have to pay:

- A fine based on his weekly income (normally discounted by a third if he pleads guilty at the earliest opportunity)
- A surcharge of 40% of the value of the fine
- A contribution towards TfLs costs in dealing with the case
- Compensation for the fares avoided

Feel free to post a copy of your reply to the Verification Letter in this thread and forum members will be happy to proof read it for you. We are unable to give any advice i relation to immigration status.

 

[mcropod]

The staff member is clearly at risk if the OP says the pass was taken with the knowledge and consent of the passholder, but isn't the OP then open to theft charges if it was taken without the staffer's k&c?

 

[furlong]

The staff member is clearly at risk if the OP says the pass was taken with the knowledge and consent of the passholder, but isn't the OP then open to theft charges if it was taken without the staffer's k&c?

No - not in practice - too complicated and uncertain when they've already got an off-the-shelf railway-specific offence available.

 

[Llanigraham]

A further consideration is that any legal action will have to initiated in Scotland’s Sheriff Court (as any SJ proceedings could be properly thrown out as invalid). This may be a complication too far and result in the possibility of a settlement. I’m assuming they are aware of who’s pass was used, and action for this could continue regardless.

The offence occured in England therefore the action will be instigated in England.
Scottish Law has no relevance to this case.

 

[SuspectUsual]

The staff member is clearly at risk if the OP says the pass was taken with the knowledge and consent of the passholder, but isn't the OP then open to theft charges if it was taken without the staffer's k&c?

I’m fairly sure that the OP’s first post originally said they’d been given the pass, but has subsequently been edited to remove that statement. (Mods - is there a way of checking this?)

 

[AlterEgo]

This was in the original post and was edited just after it was pointed out the person who illicitly loaned them the pass will also face consequences.

 

[HBM50]

is what I said to the revenue officer important in comparison to what I will say in response to the received letter?

 

[skyhigh]

You need to tell the truth in your letter. You can omit details if not required, but do not lie.

How you got the pass won't have much impact on what happens to you. Chances are that TfL will prosecute for the same offence regardless. If you told the inspector that you were given the pass they would probably use that in any internal disciplinary process though, even if you change your story in the letter.

 

[AlterEgo]

I took it without the permission of the person, is what I said to the revenue officer important in comparison to what I will say in response to the received letter?

Yes. If your story changes without good explanation, as it already has done in this thread, this will throw further doubt on your credibility.

Importantly, you need to tell the truth in your letter and if you gave an untruthful statement to the revenue protection officer - whose witness statement will form part of the case against you - you need to explain why you did so.

The employee who lent you the pass is likely to also face consequences once this is picked up by their line manager.

 

[Haywain]

I took it without the permission of the person, is what I said to the revenue officer important in comparison to what I will say in response to the received letter?

Is the pass holder aware of what happened?

The employee who lent you the pass is likely to also face consequences once this is picked up by their line manager.

It doesn't have to go to their line manager specifically - just the company. And I expect that the travel facilities can be withdrawn at any time, even without disciplinary action.

 

[TheJester]

I doubt TFL will offer a settlement in this case.
It may be worth engaging a solicitor.

 

[6Gman]

I said that I always paid and they can verify it through the history of my card payments, I need the appropriate answer to their letter in order to have a settelment out of court, I think that I have to admit , apologise and say that I'm a student living in Scotland looking for a job, was in London for a short two days I didn't really know that it is dangerous in that way I always paid and never used an Oyster card before . Thanks a lot for your help

I just was visiting London for two days, can the fact that I don't live in London minimise the problem and their decision to prosecute, what are the factors that I need to mention in order to have a settlement out of court? I fear that this problem can affect job applications. I really always paid when I visited the capital and asked the revenue officer to verify it through the history of my card payments but he insisted on reporting.

There seem to be inconsistencies here. It will be hard to convince someone that they should be going easy on you because:

a) You have a history of paying for your travel in London;
and
b) That you are a visitor unfamiliar with the arrangements for travel in London.

 

[Undiscovered]

I doubt TFL will offer a settlement in this case.
It may be worth engaging a solicitor.

I would second this.

In trying to save yourself, you could end the career of your friend. They'll lose a well paid job, the perks that come with it, and may have a gross misconduct dismissal reason to boot. That'll harm their chances of securing future employment, possibly meaning they can't remain living in/near London.

You really need to think carefully about your next move.

 

[skyhigh]

I would second this.

In trying to save yourself, you could end the career of your friend. They'll lose a well paid job, the perks that come with it, and may have a gross misconduct dismissal reason to boot. That'll harm their chances of securing future employment, possibly meaning they can't remain living in/near London.

You really need to think carefully about your next move.

From the original opening post (before it was edited) I'm fairly sure it mentioned that they told the inspector that they had been lent the pass. If that is correct, the damage has already been done.

 

[Haywain]

In trying to save yourself, you could end the career of your friend. They'll lose a well paid job, the perks that come with it, and may have a gross misconduct dismissal reason to boot. That'll harm their chances of securing future employment, possibly meaning they can't remain living in/near London.

You really need to think carefully about your next move.

I really don't think the OP engaging a solicitor will be of the slightest bit of assistance to the friend/passholder. There's little can be done about that now.

 

[Bletchleyite]

In trying to save yourself, you could end the career of your friend. They'll lose a well paid job, the perks that come with it, and may have a gross misconduct dismissal reason to boot. That'll harm their chances of securing future employment, possibly meaning they can't remain living in/near London.

It is very very likely they will get sacked anyway (or be given a "resign or be sacked" ultimatum, which will presumably make them unlikely to be employed by TfL again but would at least make it easier to get a new job). It is their responsibility to ensure it isn't misused, including securing it sufficiently that it can't be misused without them knowing, and reporting it stolen promptly if it was. Their Union rep can help them here, but it will be damage limitation - the chance of keeping their job is very low.

TfL take this VERY seriously - there has certainly been a case on here before where that was the outcome, and I believe it alleged that the staff member didn't know of the misuse.

 

[AndroidBango]

From the original opening post (before it was edited) I'm fairly sure it mentioned that they told the inspector that they had been lent the pass. If that is correct, the damage has already been done.

And I think the original version stated the staff member handed it to ithers quite regularly.

 

[Wolfie]

And I think the original version stated the staff member handed it to ithers quite regularly.

Ouch, that is far from career enhancing.

 

[AllModCons]

From the original opening post (before it was edited) I'm fairly sure it mentioned that they told the inspector that they had been lent the pass. If that is correct, the damage has already been done.

In post 37, the OP wrote that they told the inspector that they ‘took it without the permission of the person …..’.

 

[AlterEgo]

In post 37, the OP wrote that they told the inspector that they ‘took it without the permission of the person …..’.

This is after they edited the opening post, in which they said they were loaned the pass. That’s why early posts discuss the person who loaned them their staff pass.