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Everything posted by greygoat

  1. would anyone help advise on the above, please? Thank you all in advance!
  2. Thanks BazzaS for all above and your patience. Another quich Q: TFL currently charges my with Contract to byelaw 17 with suspected 90+ journeys also made by me. If I admit in the next letter to TFL or sign all the boxes to ask court take them into considerations. Would this action actually results in TFL "upgrade my chagre" i. e. chagre me with Railway Act 1889 instead? I much wanted to continue communicating with TFL and attend court in person, but I fear if I am asked if I do this knowingly - I will have to answer yes and which could lead to a more severe charge? Any thoughs/advices welcomed. Thank you!
  3. Thanks BazzaS Yeah those journeys were made by the rightful owner..but again it's tricky for the card owner to step out as he might face the risk of being charged for letting me use the card.. So if I sign all the boxes to admit all 90+ journeys were made by me - would it deemed as another lie if subsequently found out the opposite? would you advise in this case I just sign all of the journeys suspected and do not create another potential trouble? (that's what I plan to go for now)
  4. Hi dx, 90+ journey list is all journeys ever recorded on that card - and they claimed all of them were suspected made by me did you mean I should or shouldn't tell TFL that 10 of these were not made by me? Thanks
  5. Hi dx and all, I received the court summons charging me "Contrary to Byelaw 17(1) of the Transport for London Railway Byelaws Made under paragraph 26 of Schedule 11 to the Great London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962" A full list of 90+ journeys were suspected with signature required for each journey 1) I have 10+ journeys not made me and I have another oyster card travel history to prove this - should I include this as evidence or just admit all 90+ journeys, in case TFL made further investigations and incur further costs? 2) Surprisingly my court day is in early September, so I have three months negotiating with TFL. Since I have provided potential loss of job evidence in my initial response, TFL did not write back but send the court summons right away. How should I keep negotiating with TFL in this case? p.s. I didn't see on letter that I should send materials back to court within 21 days as stated on many other people's summons.. Thank you all in advance
  6. thanks dx, yeah it's good to know the hopes and good to prepare for the worst. I will update here once something comes through. thanks again for all your help:)
  7. thanks dx I am a bit confused here.. "not a fine, its not been before the magistrate" as you said always attend the court in person and show remorse and I imagine (base on other cases) there will be financial punishment (unpaid fare, court fees admin and etc) - is this called a fine? Could this contrary to byelaw 17 spent immediately or after 12 months?
  8. I personally haven't receive anything back from TFL or court summons. I suppose it would be a fine (2 months of misuse) similar to most cases?
  9. Hi BazzsS I am in a similar situation and have already had my own thread. Just a quick one - do you happen to know if convicted, is this immediately spent or after 12 months? Appreciate your time and thanks in advance! "Contrary to Byelaw 17(1) of the Transport for London Railway Byelaws Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962."
  10. Thanks dx, as I read through other case I noticed that offenders will usually be asked for their annual income. Is this info required under certain laws so I should definitely tell TFL when they ask? or when asked by the court?
  11. Hi dx, still have not heard back since I replied to their first standard letter - should I just wait or call them proactively?
  12. Thank you dx I want to mention: "I currently pay medical bills for my father, who has suffered from xxx and disabled for a decade." Should I also mention below (as motivation to "save money") or it will be considered as waffle? "The secured fund which I invested her life's saving, defaulted in 2018, causing huge financial pressure/concern over his long-term medical care."
  13. A friend (lawyer) sugguested to write below I am willing to make a voluntary payment going far beyond the value of the fare in question that which a court might impose upon conviction, plus any unpaid fare, administrative costs Is this a good idea? Should I just say a voluntary penalty fine + unpaid fare + admin costs? Thank you in advance
  14. Thank you dx and sorry - I will not to ask any more silly questions..
  15. Thank you dx - I don't think I will receive the definite answer from HR before my reply to TFL. In this case, should I say "I will lose my job" or "I will highly likely to lose job" If I say the former, but cannot provide definite evidence later on, would this be considered as a deliberate lie? If I only say "highly likely to lose job" - will TFL not to even consider settlement at all, due to the fact that I misused for 70+ journeys? it is almost guaranteed I will lose my job as it is a condition of my contract that I must retain a fit and proper status this is check via a form annually, where under "Good character and reputation section", I will be asked the question "have you been convicted of any offence in a court of law (subject to 1974 RoOA") the above wording is just amazing! sorry English is not my first language so both my written and oral English need to be improved. HR confirmed that we will not provide any written evidence regarding if I will lose job. I am certainly very regretful and show remorse and won't commit such offence again in my letter Should I ever mention I will lose uk visa if I lose my job? Or just mention the job bit but not the visa thing.
  16. Thank you dx, sorry I am confused. did you mean not to mention settlement in the letter at all? Or to mention settlement without a specific figure?
  17. thank you dx what do you think a suitable offer looks like to financially compensate TFL? Is the number I should offer on my letter being my week's income+all unpaid fares+all related admin costs?
  18. Thank you Dx Yes that case was relying on HR's written letter to directly prove conviction=lose job But it's really hard for a big firm's HR to produce such a definitive statement like this As our firm policy tends to be vague and "case by case" where in a case like mine - the result would be losing job. Any advice/suggestion would be appreciated!!
  19. Thank you Dx and HB so far for your great help. I work for a client-facing consultancy firm and policy/contract around "criminal conviction" and "dismissal" is quite vague so I may not get a definite written evidence showing that criminal conviction=losing job but there is a line in contract saying my continued employment is subject to fit and proper status and I need to fill in fit and proper form annually where under "Good character and reputation section", I will be asked question "have you been convicted of any offence in a court of law (subject to 1974 RoOA") I am pretty sure if convicted i will lose my job as most clients need me to demonstrate Good character and reputation. So I won't be fit and proper anymore The hard thing is how to prove all above as strong evidence to TFL to consider? Is it advised to use a solicitor purely to prove these? Thank you
  20. So I am aware of potential Byelaws prosecution by TFL Some gave me advice that more serious Regulation of Railways Act offence of failing to pay the fare due, with intent to avoid payment thereof is usually used by TFL in such cases? Any ideas on this Regulation of Railways Act offence? It it much worse off? Thank you
  21. thank you dx for the info when i did a free consultation with a 'specialised' solicitor he refuse to take on my case he said OOC with tfl is almost impossible after Feb 2018 when they changed their internal policy to try to procesutor everyone for public interest OCC before feb 2018 with TFL and OCC with private rail company until now are not uncommon do you have the feeling/knowledge that TFL OCC dramatically decreased after Feb18?
  22. thank you dx - yes I have been panicked for the past few days and really need to pull myself together. I know they will spot the pattern and as I admitted on the day that I was consciously knowing the misuse and understood that was wrong Is this "honesty" actually let this case being worse off? As they have written evidence of my knowingly misuse so they can charge me fraud or something more serious than purely fare evasion?
  23. Thank you HB I recall I was intimated by inspector so I admitted my intention to use other's travelcard and was recorded on note. Is this going to be determining factor/differences compared to those never admitted intention? Does is mean they have enough evidence to give me other charges on top of TfL Railway Byelaw? And I have no chance for settlement at all? What's maximum sentence if on other possible charges? also I was tried to read below thread but it says page does not exists - it would be really helpful if I could have a read of this below case and how it settled https://www.consumeractiongroup.co.uk/forum/showthread.php?456947-TFL-misuse-Freedom-Pass-more-than-once-**-SETTLED-BEFORE-COURT-**
  24. A big Congrats to OP and thank you for updating. I am in a similar situation of losing job - I also saw a case where strong evidence of losing job is presented but TFL still decided to prosecute, I am not sure why? Is it due to the nature/industry of the defendant's job? I would really appreciate if anyone could advise whether I should mention and provide written evidence of losing job to TFL in my response to their first standard letter? Thanks all in advance! reply here please
  25. thank you! was that single or multiple offence? is it safe to discuss everything here or may I PM you? I am devastated and really need more detailed help 1) after sincere apologies and mitigating circumstances shall i offer voluntary fine of £xxx plus any other fees incurred to tfl? 2) i need to go back to home country in mid April and return mid May, genuinely to take care one of my relatives who don't have others to rely on. Shall i mentioned this in my first response to ask if a summons to be issued, could it be after mid May so to avoid the situation that I cannot receive letters by post during this time period? thanks in advance Appreciate dx's replies so far, a couple more Qs along with the above 1) should I mention and admit multiple misuse offences for few weeks in my written response to TFL's first standard letter even if I was not asked at all? 2) Any chance card owner will be fined/prosecuted? I want to make sure friend is 100% not involved in the case 3) After my response email (or should I both email and post the same physical letter to them?), what's next? Will there any TFL correspondences before I receive a court summons? What's the quickest turn around time for me to receive summons? (as I really need to be out of the UK from Mid April to Mid May 2019) 4) After summons, I choose plead guilty and attend - show remorse and mitigation like losing job and t and ban from my professional body (I need to check exact policy - do I need written evidence to show these on court?) All comments/suggestions welcomed
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