I was working on the fact the OP stated that they used the pass mistakenly and not intending to do so. If so, I assume the confusion could have arisen because both passes were inside similar looking holders/wallets, and it is not necessary to remove the pass from the wallet to use it. Although they might be issued in different types of wallet, presumably it is not a requirement to carry them in the wallets they are issued with? Many shops sell other holders, which people prefer to use. On a different point, if someone avoids a train fare, it is possible that they will be given no alternative to being prosecuted, fined hundreds of pounds and receiving a criminal record with all the associated implications for work, study, travel, housing, finance/insurance, even helping at the local youth group or whatever, which these days would require a CRC. Yet, if someone parks in a pay & display car park, fully intending not to buy a ticket in the hope of getting away with it (a financial loss to the council or car park operator not dissimilar to a tube fare), the worst that is likely to happen is a fine of around £30, with no such associated record, as long as it is paid at the first opportunity. I am not condoning either, merely observing that the penalties could hardly be more different in terms of severity when the loss is quite similar, and wondering whether there should be such a disparity. sta

Old Codja, In the case of a mistake then, are you saying that they wouldn't be able to use the intent charge if the OP had shown it was a mistake and maintained their position when questioned, because they couldn't prove intent? You say there is an alternative of a strict liability byelaw charge, but that this is only available in certain places? What kind of stations does this apply to? The OP was on the tube by the sound of it - would this apply at a 'bog standard' tube station with no national rail interchange, eg. Piccadilly Circus or Marble Arch? Are there any other options in terms of offences/charges which the rail company (or the council who issued the pass?) could use in the OP's situation? Are both of the offences you have mentioned considered the same in terms of (a) penalty and (b) implications for criminal record etc? I saw an article a while back which seemed to give a thorough and balanced view of the reality in terms of the impact of a criminal record. It related to the riots but I would imagine is applicable in most situations. It was on the BBC news website 17 August 2011, called "What is the impact of a criminal record?" - a search on the BBC news site brings it up, I can't post the link here, but maybe someone else knows how to? sta

Hi unlucky_1, You said earlier that this issue arose because you had swiped the wrong card by mistake, that you had no intention of fare evasion and that your own oyster had enough money on it for your journey. I assume this is what you told the inspector when you were stopped and realised your mistake, and I presume you also showed them your own card with the funds on it? If so, it is difficult to see how the rail company could support the charge, the important part from Old Codja's post about the offence being INTENT to avoid a fare (rather than mistakenly avoiding a fare)? Surely they would need to be able to prove that you knew you were using the wrong card? In the circumstances you describe, if the two cards were in the same type of holder etc, such a mistake could be possible, and it sounds like this would be very difficult for them to prove 'beyond all reasonable doubt'? You say it was a few weeks ago already - have you heard anything yet or attempted to contact them? Reading other posts it seems it can take weeks or even months to hear. Unless with some cases maybe the first you hear is directly from a court if they have decided just to go ahead, I'm not sure... I don't know what the worse case scenario would be in terms of time scale, or if there is a cut off point for them to follow up, maybe some of the posters on here can give some idea when the latest you might hear could be. sta