Hi,

I stupidly walked away from a ticket inspector after being caught without tapping in on the London overground.

I think in doing this I have made what was a £40 fixed penalty into a serious problem with the possibility of a criminal record,

something I really can't have.

I left the inspector with my Oyster card which is not registered but I have paid for with my debit card.

Can tfl get this information and use it to prosecute?

I am guessing they can, but wanted to check.

In the case that they can

what is the best course of action,

to contact tfl and fess up and ask to pay the fine/costs

and see if this willingness to right my wrong will prevent prosecution.

Or should I wait for the inevitable letter of prosecution and try to settle out of court then?

Many thanks for your help!

RR

How did you top it up? Online or from a machine?

Hi, fkofilee

From a machine

Card issuer can't reveal your details to anyone except police or court. TFL would need to go that route - if it's worth the fuss.

If, as you say, you can't have a criminal record, it would be best not to commit criminal offences, wouldn't it?

If this was a genuine one-off incident TFL may not pursue this matter any further, but unlikely I’m afraid...

Personally, I would seek a legal consultation with a solicitor first before you start doing anything in this regard.

Hello RR.

I think you need to wait to see if a letter turns up. Firstly, you don't have a reference for your case so contacting them would probably get you nowhere at this stage. Also, as the forum experts say, TfL may not write so it's better not to stir things up. If and when a letter turns up, then you negotiate.

I'm afraid it's a waiting game.

HB

Thanks all, much appreciated RR

If this was a genuine one-off incident TFL may not pursue this matter any further, but unlikely I’m afraid...

Personally, I would seek a legal consultation with a solicitor first before you start doing anything in this regard.

WHY?

dx

I never condone fare evasion, or anyone failing to face up to their individual liabilities, but I also never advise telling a company anything that they don't already know.

Although pretty uncommon in my experience, if the train operator considers the offence serious enough, their prosecution management may either make an application to the card provider themselves, or may pass the file to BTP for a S.29 DPA disclosure to be made in order to secure the necessary information in pursuit of a criminal matter.

The offence of 'making off without payment', commonly known as 'bilking', is considered a serious matter by Police and I'm sure most people will be fully aware that this is rigorously pursued in examples such as filling at a service station and driving off without paying etc., which has clear parallels with this matter

Does the card reader in a POS machine reveal the name of the credit card holder, and if so is it retained against the transaction?