Hi,

I am new to this forum.

On the Tuesday 10th April 2018, I got caught using my Dads 60+ card at Angel underground station.

I was in deep financial hardship due to bad management of money and a gambling problem. I had no money in the bank account and had only £3 on me. I explained to her that I needed to travel to university for mandatory classes and assessments; I insisted to her that I had no choice but to borrow my fathers card (without permission of course). It was either don't go or fail my module; I didn't know what to do.

I showed her my real 18+ card as well as the 60+ card. She noted down that I had -0.30 on my 18+ card and took down the number on the back. She asked me if I was going to use the 60+ card for the whole journey, I said yes.

She asked me how long I have been using it.I think I mistakenly told her that I had used it on the Monday as well but this was wrong, I never used it on the Monday, I had only used it on the Tuesday 10th and the Tuesday 3rd; a total of TWO times for the card. I had only used the card because I was literally broke (No money...nothing to travel with). I insisted that I was never to planning to abuse my fathers 60+ card by using it everyday. They can check the usage right? I even said that I used my 18+ card before that (during march) and she even checked it and it said it was last used on the 29th of march.

She wrote everything down on her notepad and she repeated what I had said. I said everything was true and signed (but I quickly said that I used it on Monday as well without thinking, but this was false).

Strangely she even took my appearance down (skin colour, hair, body build and height), is this normal?

At the end of it, she told me that I would receive a letter with the provided address that I gave her. I told her my real address and then she let me go. She told me that "your father can get a replacement". I asked her if I was going to court and she said that "it depends".

I haven't received this letter. When should it arrive to the address?. I already planned what I am going to write down, begging them that this was a mistake and a decision that I regret, offering them to pay any fees involved (despite relying on a maintenance loan).

I am very worried. I dont want a criminal record, its the last thing I want. This is the first time something like this happened to me.

I am an unemployed student with minimal amount of money. Even if I wanted to settle out of court (by looking on this forum its a 20% chance they settle out of court), I am scared they will fine me something like 700 pound which I don't have. How likely is it for TFL to just give me a formal warning without a fee (considering my financial circumstances).

Please help.

Hello and welcome to CAG.

From reading previous threads about TfL, I imagine the letter could take six to eight weeks. There isn't much you can do in the meantime; if you ring them without a dossier number [which will be on their letter] they won't be able to find your file anyway.

In the meantime, have a read of other TfL threads here. We have seen them settle before court, but it's hard to guess what it might cost. Once the letter arrives, you can post up your proposed grovelling letter here and we'll help you refine it.

Have you talked to your father about the 60+ card and your financial problems?

Best, HB

Yes I have....lets just say that if I wasnt his son...he would literally kill me.

I expect he'll get over it.

Have you asked for help from an organisation that helps people with gambling problems? If you can get your finances under control you won't be in danger of being tempted.

HB

I haven't asked because I already payed the price. I'm pretty sure I am deterred from gambling ever again, no matter how much money I have.

So will you be able to pay your fare in future?

HB

The 11th (when I got caught) was my last day that I needed to attend the mandatory assessments and lectures, after the 11th it was just a revision period. I was never going to travel anywhere after that because by then, my maintenance loan would have arrived and I wouldn't have to use my dads 60+ card, but just use my own card.

Well, just remember how you felt on Tuesday if you're ever tempted to spend your loan on something unwise.

There may be other comments, but for now you just need to await TfL's letter.

HB

I would expect a good grovelling letter should sort this

we've seen far worse settled out of court.

you've been honest with them and that's the key thing

I have received the letter, I am assuming I should accept committing an offence?

This is what I am planning to write.

Dear madam/sir,

I profusely aplogise for the misuse of my fathers 60+ card, it was due to a combination of financial hardship and unplanned decisions.

I explained to the insepctor that I was in terrible finanical hardship (due to a bad management of money and unwise spending) to the point where I had nothing on my bank account. I told her that I was put in a sitatuion where I had no choice but to attend my univeristy lectures and the mandatory assessments.

I had always used my own 18+ card previosuly during a period of march where I begged a friend to borrow a limtied amount of money to help me finance the travels to the previous university lectures but i couldn't borrow enough money for the remaining two days of mandatory university assessments.

My student finance maitnantce loan is going to be paid on the 14th of may but I had no choice to but to attend the final two university lectures/assessments, which were on the 10th and 3rd of April.

I panicked and didn't know what to do. With absolutely no money and needing to attend univeristy/assessments, I had made a rushed decision to borrow my fathers 60+ card while he was away.

I had no ill intentions to abuse my fathers card to dodge fares.

It was simply out of desperation to attend the mandotary assessments/lectures and not wanting to put my academic grades at certain failure.

I am an unemployed university student struggling financially.

I sincerely apologise and constantly regret the poor decision to use my fathers 60+ card and assure you that I would never plan to abuse the card, it was simply because of my financial situation and me being forced to travel.

A criminal record would hinder my future career prospects and would devastate my life further.

I have realised that I had made a grave mistake and this is a very serious offense.

I would do everything in my power to try and immediately make amends by paying for any fees and incurred costs to settle this out of court once I receive my maintenance loan

Yours sincerly,

This is what I am planning to write.

 

..........

I panicked and didn't know what to do. With absolutely no money and needing to attend univeristy/assessments, I had made a rushed decision to borrow my fathers 60+ card while he was away.

I had no ill intentions to abuse my fathers card to dodge fares.

Unfortunately, "I had made a rushed decision to borrow my fathers 60+ card while he was away." and "I had no ill intentions to abuse my fathers card to dodge fares" are mutually exclusive.

You can't claim on the one hand that you made the decision to abuse your father's card to evade your fare, knowing (or you should have known) that that was dishonest AND say in the same breath that you had no dishonest intention to use it to evade your fare.

You knew it was a card for his use. You knew you normally had to pay your fare, and you knew that using it meant you wouldn't have to pay your fare, and I bet you admitted as much to the staff member?

(This will be within the questions they would normally ask ......)

You'd be better to admit you made a poor decision under pressure, and leave out "I had no ill intentions", otherwise you look like you aren't sincere.

She told me that the card is not supposed to be for your use, and asked me if I was planning to use it for the whole journey (to where I was going). I said yes to both questions. She acknowledged that I had used my own card before using her reader (last use was on the 29th of march), but it had -0.30 remaining.

Likewise, I had told her that I had used my fathers 60+ card on the Monday as well (9th), but I had never used it on the Monday; I had only used it on the 10th and 3rd of April. Should I mention this on the letter? (Surely they check the usage of the card?)

Hi.

Yes, I think they can check the usage of the card for about two months the last time I saw something.

HB

Question while I still contemplate the letter.

If my case does get settled out of court, doesn't that essentially mean I have to pay some kind of fine/fee? There hasnt been a case of "just a formal warning"?

Also, when should i expect to receive a reply letter?

rarely is there no such thing as them issuing a formal warning in these cases

it will cost you lots to avoid a criminal record in this instance sadly.

read like threads

Well 80% I am screwed either way then...

I don't know how many days they give you to pay the penalty fare / admin fees (assuming my case does get settled out of court).

not sure where you've read that.........

Do you not get a certain amount of days to pay the fares / incurred costs (once you receive the email/letter that they will agree to settle out of court)?

they'll tell you that

UPDATE:

I got a letter saying that I have to go to court, paying a fine of £225 with a 33% reduction if I plead guilty.

What should I do? Can i no longer settle out of court?

Also, its under byelaw 17. Can anyone explain to me what this means?

Hello again.

Would you be able to scan up the document to a pdf please, hiding any details that could identify you? This will help us to advise.

HB

I am unable to scan the document.

I think I am just going to plead guilty and wait on how much they will fine me. On the letter is says the "Application is being made for a £225.00 contribution towards the costs of Transport for London". I am assuming that the fine must be a minimum of £225?

I called the magistrate and they said that the fine still hasn't been decided (they are awaiting my financial situation)

The charge is

"That you, on Tuesday 10th April 2018 at X, did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17(1) of the TFL Railway Byelaws Made under paragraph 26 of schedule 11 to teh Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962."