I agree! UNDERGROUND :grin:

Ah, just wondered as you could have perhaps argued you used the wrong card by mistake. It's the one of the most used excuses in the book but would have been an idea to try and add more weight to your letter. I really hope you get some success with this as you genuinely seem to regret it and I'm sure you'd not be tempted to do it again. Please keep me up to date with any developments. UNDERGROUND

Hi mlondon - The BTP will only process the 'premium' jobs, i.e. Freedom Passes, annual travelcards, multiple recidivists etc. When I worked in revenue (4 years ago) it was decided by the computer which cases would go to the BTP. There was a stage where all Freedom Passes and gold cards (as they used to be) would go to the BTP, but they quickly found they couldn't cope with the volume and it went back to computer selection. I can't guarantee how cases are selected now or even if the BTP still take cases. - I NEVER put a case through using the Fraud Act, and as far as I know neither did any of my colleagues. We virtually always used Regulation of Railways Act 1889, Section 5(3)(a). - I used to use Byelaws for things like altered tickets and tickets purchased from touts. There are also byelaws for ticket transfers which some other RCI's used. - I'd get a letter off as soon as you can. - The inspector may well say that they cautioned you at the appropriate time. I wouldn't use this as the sole basis of a defense, but include this fact if you decide to write to prosecutions. Also, can you tell me if you had any credit balance on your PAYG oyster card? Regards UNDERGROUND

Hi mc661 LUL do indeed prosecute using the RRA 1889, and they are a 'railway' in the eyes of the law. The specific section used is 5(3)(a), which states: (3) If any person— (a)Travels or attempts to travel on a railway without having previously paid his fare, and with intent to avoid payment thereof he shall be liable...... (goes on to prescribe fines / imprisonment upon conviction) This is why it is so important for LUL inspectors to prove intent. I sometimes used to add a bye law offence to the case file to reinforce the strength of it, but the RRA was always the primary legislation. Regards UNDERGROUND

Hi mlondon It sounds as if the interview was fairly standard, however the caution should have come after the collection of your details and before questioning about the offence - after all it's pointless telling someone they don't have to remain with you after the interview. It'd be worth including this fact if you decide to write to them. Also state how you felt - for example if you felt embarrassed, nervous, harassed and if this had a bearing on your answers, i.e. if you admitted things because you wanted to get away from the inspector, tell them this too. Also, was there any money on the PAYG oyster card? Regards UNDERGROUND

Not ignoring you, have to go out! I'll get back to you later..... UNDERGROUND

I take your point. But TfL will not call it 'settling' in case it seems that court action can be avoided by merely paying them off. A case can be dropped due to 'exceptional circumstances', any any payment to TfL is to cover base costs not to remedy the legal action. UNDERGROUND

Hi thegalax TfL will nearly always prosecute for fare evasion using a Freedom Pass. Also these cases are sometimes passed to the British Transport Police who prosecute on TfL's behalf. Can you confirm that you are dealing direct with TfL. To save me repeating myself could you take a look at the post I wrote to mlondon. When writing, in your case you should include the fact that being prosecuted would have a detrimental effect on your career. I'd appreciate it if you could also answer the questions in the same post, it'll give me an idea if the inspector did his / her job properly and if I can help you any further. Unfortunately being sincere and honest often has the opposite effect than it should, those who lie and give false details get away with it whereas people like yourself end up in the sh!t (this is one of the reasons I quit). Please get back to me and let me know of any developments. Regards UNDERGROUND

Hi mlondon I'll try and answer you as best I can, I'll also contact a couple of colleagues still working in revenue control to verify / validate my answers. i) TfL will not 'settle' out of court. Your best bet is to write to the prosecutions team and set out any mitigating circumstances and ask that they do not proceed with the court action. If they decide not to proceed they may ask you to cover the administration costs incurred so far. This approach is unlikely to be successful if you are a 'recidivist' i.e. you have been caught for fare evasion on LU before. As far as hiring a lawyer is concerned, that really is a personal choice, but could be costly. ii) From memory the prosecutions team typically write within 4 weeks. I couldn't really give a timescale for a court summons. iii) The inspector should have cautioned you before questioning you about the offence, this is as per PACE (Police And Criminal Evidence Act) guidelines. You could argue that you didn't realise it was that the interview could be used in court however I think that if you do end up in court the inspector will insist that they did caution you. I have a couple of questions for you which will help me give you further advice: - Is there a particular reason that you were using someone else oyster card? For example are you under financial hardship? - Did you read inspectors notebook at the end of the interview? (this should have been offered), also did you sign it? - Did the inspector inform you that you were not obliged to remain with them? - What ID did you provide to verify your address? - Do you recall if you specifically admitted 'intent'? i.e. did you answer a question that implicated that you intended to avoid paying? I hope my waffle is at least of some use! Please do get back to me with answers to the above questions and advise me if there's been any further developments. Regards UNDERGROUND :grin:

No, still work for LUL. Had enough of the grief on the revenue! UNDERGROUND

Hello all, I've been a member of CAG for a while now and been strictly a lurker! But now, I'd like to put something back. I am an ex Revenue Control Inspector (ticket inspector to the rest of the world!) with London Underground and if you need help or advice with any matters related to ticketing, penalty fares or legal action I'd be glad to help out. Regards UNDERGROUND