I have discovered your site investigating what to do in this case and would sincerely appreciate your help.

I will offer feedback and donate for your time and energy.

I really need your help.

I used my mums oyster after losing my wallet and needed to get to a wedding over a weekend.

When returning into London, the high value pass obviously flagged things to the inspectors who were waiting at the station.

I had all my details taken.

The inspector understood I'd lost my wallet and I didn't answer any further questions.

I was sent a letter with a fine and a conviction if i plead guilty.

The problem with these cases, is that whether or not I did it unwittingly (as in, didn't realise I was using a high value pass) it doesn't matter.

It was a misuse and the conviction stands.

I can't have a conviction hanging over my head and the thought of it fills me with absolute dread.

I have just recently gained a permanent residency in Canada and intend eventually to work in the States and a conviction would be so detrimental to have on my record and affect my work situation.

I am so deeply regretful for something so stupid and avoidable.

I have received a letter stating the fine i have to pay and the fact that it will go on my record and like the other cases stated here on the forum, can either plead guility and pay the fine or plead not guilty and prove my innocence, which isn't possible.

What are the options available to me?

Can I call them and ask to appeal?

Should I hire a solicitor before it's too late? (I have roughly 10 days before the deadline now).

Is settling on the day the last option available and should I get a solicitor before that time to make sure that I don't risk it not going in my favour on the final day?

How often are people able to settle on the day in your opinion?

What does a settlement amount normally come to?

I really appreciate your help on this.

I've just returned to London to the letter and have limited time to respond and would like to know the best way to reach out to TFL.

Will a letter take too long.

I think so.

Should I simply call them or go via a solicitor?

It seems that no matter what people do with their letters, it always comes back with a conviction and fine.

I was going to call citizens advice first thing tomorrow, but if you can recommend a solicitor please do. i live in London.

Many thanks

we cant recommend solicitors, its against site rules anyway.

and you don't need one.

there are numerous cases here whereby an out of court settlement is gained

you've just got to grovel and plead your case

esp as a conviction will harm your future in Canada.

so you have a letter asking for your side of the story etc.?

when was the incident and when must you reply by please?

dx

Hi thanks for your quick reply.

The incident was on the weekend of June 24/25th

I have to reply within 20 days, which will now be the 18th Sept.

I received the letter on the 29th, but was out of the country until yesterday.

This is the second letter from them responding to my initial response.

In my initial repsonse I replied to them by email- frustratingly I wasn't aware that it could lead to a prosecution,

I replied with the basic information they wanted, which was name, DOB, case number etc. Just personal information and also the admittance of using the oyster that wasn't mine, which they asked for.

In addition to the basic details they asked for I wrote:

"I accept committing the offence and deeply regret any distress it may have caused. It was highly unfortunate, out of the ordinary and certainly won't be repeated.

Please do let me know how TFL normally proceed in these circumstances."

I didn't realise it would lead to a serious prosecution and i would have written something more detailed if I'd known.

What would the next step be?

I don't know who to contact to appeal this decision.

is the letter still inviting you to appeal

why the deadline on it?

example letters

https://www.consumeractiongroup.co.uk/forum/showthread.php?483691-Notice-of-intention-to-prosecute-Thameslink-changed-CArNet-Ticket-date-Please-help-**SETTLED**&p=5085175#post5085175

Hi,

This is the second letter I have received from them. It's titled "Single Justice Procedure Notice". It doesn't have a court date, but it states I have 21 days to plead either guilty or not guilty to the offence. The rest of the letter is the details of the charge, the staement from the inspector and the form for filling out financial details.

The first letter I was originally sent asked to provide any exceptional reasons as to why they should not proceed with a prosecution- but I simply didn't realise the gravity of what that meant. I sincerely apologised for my actions, but didn't think I would be facing an actual conviction.

Can I still reply with a detail for my mitigating circumstances? Should I call them to let them know that this is what i plan to do?

I'm currently trying to draft a letter and would sincerely appreciate your help moving forward and will of course offer a donation. I can't afford a solicitor's fee and am unable to reach a citizens advice advisor over the phone.

Please let me know if you are able to help

Thanks

I'm not sure if the Single Justice System changes anything, but we've always advised people to keep negotiating with the person who's written to them to ask if they will allow you to pay an adminstrative penalty and their costs in dealing with your case.

Some people have managed to agree a resolution with the prosecutor on the day of the court case if there's a hearing.

HB

Hi HB,

Thank you. It gives a number of ways to respond to the plea:

-Online Plea which would allow me to submit the plea online

-help submitting plea by telephone

- By post to the Magistrates Court

- or to contact TFL by email

It doesn't say directly who i should contact if i wish to appeal or talk it through with someone. In this case- do you think I should call the "help to submit your plea, telephone" and ask for the best person to contact in this case? And explain to them that i'd like to respond to TFL with a letter of appeal? Or email TFL directly?

Have any of TfL's letters had a name at the bottom of them? I understood that the letter asking for your version of events is normally signed by someone.

HB

Hi,

The first letter is signed sincerely

"Investigations, Appeals and Prosecutions Team"

And no name of an individual? Things seem to have changed.

Is there a reference with someone's initials at the top of the letter?

HB

Hi HB,

No there isn't

That's a shame.

I would still suggest that you try to ring TfL and ask if they will let you cover their costs, and pay an admin charge. Have a read of other threads where people have used someone else's card, we have a few when they reached an out of court settlement and ring when you've figured out what to say. If there's a case number, hopefully they can put you on to the person dealing with it.

HB

Hi HB,

 

 

Thank you. It gives a number of ways to respond to the plea:

-Online Plea which would allow me to submit the plea online

-help submitting plea by telephone

- By post to the Magistrates Court

- or to contact TFL by email

 

 

It doesn't say directly who i should contact if i wish to appeal or talk it through with someone. In this case- do you think I should call the "help to submit your plea, telephone" and ask for the best person to contact in this case? And explain to them that i'd like to respond to TFL with a letter of appeal? Or email TFL directly?

You really MUST respond to the Singe Justice Procedure (SJP) notice and do so BEFORE the 'cut off' date. Clearly, you will need to plead guilty and by doing so, you will benefit from having a one third discount in the amount of the fine issued. You do not....I repeat NOT need to enlist the help of a solicitor and by pleading guilty, you will NOT be required to attend a hearing.

I will visit the thread later when I finish work.