I hope i can get some advise from you people in the know.

I have recently gone part time in my job plus house husband (health issues) and my wife has gone back to full time work.

My work pay for my gold card and i pay it back weekly out of my wages.

The only way we can afford to do this change was sharing my gold card. (last 2 month)

Today my wife got caught with my gold card and was read her rights.

She said that she picked up the wrong smart card (even though she hasn't got one).

They phoned to check and said they would check again at he office.

They also took my smart card away.

We are both really scared what is now going to happen!

Any ideas what will happen to us and my smart card that still has 9 months left on it?

I know we did a stupid thing but it was the only way we could afford to manage!

Pardon my ignorance, but what does the smartcard/gold card do? Do you both work for the same company?

Whatever it is, is there anything outstanding on it at the moment? Also, I think I would confront the situation and write to the company explaining exactly the situation and why it was used and how there was no dishonesty, nothing is affected and the balance are still paid off every week as usual. You should probably also apologise and say that it was only use that way as a matter of convenience, not for financial gain but you realise that you should have informed them as to what was happening

I think you may have misunderstood (unless I have!)

I think the OP had an annual rail season ticket / Travelcard on a smart card.

http://www.nationalrail.co.uk/times_fares/ticket_types/46573.aspx

This is a non-transferable ticket, so the OP's wife will not have paid HER fare.

It will be hard for them to claim no dishonesty, and no loss to the rail company.

OCJ (an industry expert, which I'm not!) has posted of the case of Browning v Floyd where it was established that Person A being in possession of Person B's season ticket is Person A not having paid their fare.

http://www.consumeractiongroup.co.uk/forum/showthread.php?470817-TFL-Fare-Evasion-Formal-Warning&p=5003514

The OP should expect the TOC (Train Operating Company) to write to his wife stating they are considering prosecution and asking for her explanation of events.

The TOC will then match this up with the statement taken by the member of staff.

If the OP's wife mentioned having picked up the wrong card and then reiterated this in her explanation giving details of her card :

I'd expect the TOC to accept this & take no further action or ask for an amount for an administrative settlement.

If she is unable to show that she did have her own card & that she picked up the wrong one in error (as she stated when caught) : that would be a fair indicator of intent to avoid her fare!.

She can ask for an administrative settlement but a prosecution is a distinct possibility.

The Op can ask for their card to be reissued but faces "a cleft stick":

1) They can ask for a replacement but not say why : which would invite the TOC asking "why?"

2) They can admit they let their wife use the card (but this risks the TOC declining the reissue and / or prosecuting the OP for the separate offence of allowing the card to be used by someone else)

3) They can say their wife took the card without permission : they'll likely get the card reissued but it may make prosecution of the wife more likely.

OP; when the letter from the TOC arrives can you post up (personal details redacted) what it says, and in particular if it mentions any Acts / Bylaws (RofRRA 1889 +/- Byelaw 18) ....

Thanks for your replies, sorry I wasn't clearer.

Yes it an annual season ticket on a smart card, in my name.

I'll let you know what the letter states when we get it.

My wife is normally a goody two shoes so she has never been in trouble before. I feel bad as it was my idea in the first place. Do you think the fine will be more if I hold my hands up?

If you admit it : there are potentially 2 offences: the fare evasion (or ticketless travel) by your wife, and the transfer of the ticket (Byelaw 22) by you.

I don't know how frequent Byelaw 22 prosecutions are (and if OCJ looks in, they might be able to give us an idea!)

I'd "let sleeping dogs lie". If they don't ask, don't tell them.

If they ask, tell the truth (but only answer what they are asking!).

The aim is to not open yourself up for prosecution but (at the same time!) ensure neither of you gets caught in a lie.

Thanks bassaS.

and obviously this is the ONLY time this has happened?

Okay. I had misunderstood.

In that case I suggest that you level with absolutely everybody. Write to your employers. Tell them what happened and why and that there was no intention to cause them any loss. Apologise and acknowledge that you were completely misguided in your action.

I would also do exactly the same with whoever it is has caught you.

and obviously this is the ONLY time this has happened?

Or, given the OP notes they have been "sharing" it for 2 months : the first time she's been caught!

Yeah she has been using 2 months. Trouble is smart card shows when and we're it's been used.

I shouldn't have to tell work I hope as the full season ticket was paid for from a loan from work and I just pay the back weekly out of my wages.

Okay. I had misunderstood.

 

In that case I suggest that you level with absolutely everybody. Write to your employers. Tell them what happened and why and that there was no intention to cause them any loss. Apologise and acknowledge that you were completely misguided in your action.

 

I would also do exactly the same with whoever it is has caught you.

Employer doesn't need to know.

They effectively only offer an interest free loan then repaid weekly or monthly before tax via payslip.

Quite common in London.

They have nothing to do with the ticket and the toc won't know that employer has lent the money to the op to purchase the ticket.

Sounds like the misses will probably go to court then do you think?

They might : no harm in trying for an administrative settlement as an alternative, though.

Yeah I'll give that ago.

i'd be awaiting their letter first before you do anything

Will do.

there have been examples here whereby a grovelling letter has worked

even on multiple 'offences'

read a few thread here

you'll see

one I linked in post 11

Thanks dx100uk, I'll check it out.

As others have said, your wife is best advised to wait for the letter from TfL prosecutions office before she does anything.

She will then know what charges are being considered and she will be able to formulate an accurate reply to the allegation

The very best thing that she can do is to be truthful, without waffling and without resorting to what many prosecutors will read as 'emotional blackmail' in over emphasising personal difficulties.

When your wife receives the letter, redact all personal details and let us know what it says, then we can give case specific suggestions of how to respond

Thanks for your advise.

Hope it doesn't take too long, really need my smart card back.