Jump to content



Please note that this topic has not had any new posts for the last 3140 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Its probably because court time is limited & in short supply & that they would rather put the more serious cases through.

 

Yes, SRPO does make a very valid and important point here

 

There is a fine line to be run in 'managing' Court time and whilst it may be desireable to prosecute all offenders, the Courts and the TOCs certainly have many more cases than there is time to hear.

 

I suggest that is very much a sad reflection of the high level of offending, but does mean those cases deemed less serious are likely to escape prosecution where an alternative disposal may be achieved.

 

Some may see that as resulting in a 'justice lottery', but I'm afraid it is a sign of our times.

Link to post
Share on other sites
  • 4 weeks later...
  • Replies 533
  • Created
  • Last Reply

Top Posters In This Topic

  • 3 weeks later...

Is this a general question?

 

There are a number of different ones dependent on where a traveller is reported.

 

In general terms it may be TfL's own prosecution team or London Underground,

 

It might be one of several TOC's operating services in the LUL area such as SE Trains, FCC, NEX E Anglia, Chiltern Railways, LOROL or,

 

The DLR prosecution team etc,

 

If you have been reported, whatever you do, you must write to the specific team who have written to you.

Link to post
Share on other sites
Is this a general question?

 

There are a number of different ones dependent on where a traveller is reported.

 

In general terms it may be TfL's own prosecution team or London Underground,

 

It might be one of several TOC's operating services in the LUL area such as SE Trains, FCC, NEX E Anglia, Chiltern Railways, LOROL or,

 

The DLR prosecution team etc,

 

If you have been reported, whatever you do, you must write to the specific team who have written to you.

 

Sorry, I mean London Underground prosecution team. However, I can't find it out on tfl's website.

Link to post
Share on other sites

I would really appreciate someone's help.

 

My circumstances are that I accidently used my fathers freedom pass whilst on my way to work. It was a genuine mistake as my father had worn my overcoat a few days prior and had left his pass in my pocket (it was in a little blue LU wallet-just like mine). When I pulled it out of my pocket and used it on the machine an inspector stopped me and starting questioning me as to used oyester card it was, inevitably I said it was mine. He responded to me "no its not" and asked me my employee number. At this point I was feeling very intimidated and confused as to what was going on. I replied that i didnt know what he was talking about, he then took the card out of the wallet and I realised by the colour that it was not my card.

 

The inspector proceeded to take down my details and caution me and confiscated the card. Despite my profuse aplogies that there had been a huge mistake. I was late for work and I had to go but i later went back on my lunch break to try and explain what had happened but the guy said that it was already in the system and i would be recieving a letter in the post.

 

I like everyone else work in an industry where I believe a criminal conviction would be detrimental to my future. I have a clean record and I think I only used it once or twice (I believe this happened on a tuesday so there is a chance i had the card on the monday too).

 

I have received a letter from LU stating the same as MikeS1000 above.

 

What can I do or say?

Link to post
Share on other sites
Sorry, I mean London Underground prosecution team. However, I can't find it out on tfl's website.

 

I'm in work tomorrow, I'll find out for you.

 

Someone may come along before that though!

 

Regards

UNDERGROUND :D

Link to post
Share on other sites

Apologies for not being around lately, had some on-going computing problems, and been busy!

 

Anyway.......

 

 

locotoro

 

A few questions:

 

- Was your journey entirely on London Underground?

 

- Do you have proof that you held another valid ticket or Oyster card

for the journey you made? Is so, what was it?

 

- Did your father not realise his Pass was missing for two days?

 

UNDERGROUND :D

Link to post
Share on other sites

Hi Thanks for the responses

 

- The inspector asked me what my employee number? (I had no idea at the time) but I now understand that by saying that the oyster card was mine he must have assumed that I worked for London Transport. My father later taold me that all London Transport personnel have a employee number that they memorise. Obviously I didnt have a clue what he was talking about?

 

I was travelling from Seven Sisters to Harrow. But I did have my own oyster card.

 

My dad works on the buses and drives to his garage so I guess he doesnt use it unless someone can shed some more information as to whether he would need it to use it to sign in?? He made no mention of his card being missing to me.

 

I have just drafted a very apologetic letter to the prosecutions department and told them i would be willing to pay any charge or fine. I am so worried that i may get a criminal record over this.

Link to post
Share on other sites

One other thing is that the incident happened in mid March. and I have only recieved the first letter from London transport. Is there a chance that this could drag on beyond a six month window which would be in approximately one months time??

 

or am i clutching at straws :S

Link to post
Share on other sites

Ah, you are talking about a Bus Operators pass, the purple coloured card?

 

I must say that it is quite possible your father will have his Pass withdrawn permanently. LT Staff Travel take the misuse of TfL employee passes very seriously.

 

What ticket or Oyster card did you hold that was valid on the day of travel?

 

UNDERGROUND :D

Link to post
Share on other sites

sorry, thats what I meant. Employee pass. It is the purple one thats how i realised it wasnt mine when the inspector took it out of the plastic wallet.

 

The issue of the pass being permanently withdrawn isnt really an issue as my father has since left.

 

I have my own normal payg oyster card but i dont think i had it that day. i thought i had my own but i obviously had my dads

Link to post
Share on other sites

I'll be honest here, I don't think you've got a leg to stand on should this come to prosecution.

 

It is your responsibility to ensure that you have a valid ticket or Oyster card for your journey, and the excuse that you managed to use your fathers pass by mistake is unlikely to wash when it comes to the 'balance of probabilities' in a courtroom. Especially the story that you and your father share a coat.

 

I realise that this is not what you want to hear.

 

All I can suggest is that you write to the LU prosecutions manager and plead your case.

 

UNDERGROUND :D

Link to post
Share on other sites

thanks for your honesty underground.

 

I have written to the prosecutions manager and explained to him (in a very apologetic way) that this was a completely innocent mistake.

 

For the record we dont share a coat, my dad just uses my coat on the odd occassion. Still Not sure it makes much of a difference.

 

I will await a response from them with fingers crossed

Link to post
Share on other sites
Civil law uses the balance of probabilities, criminal law is proof beyond reasonable doubt which is a higher standard of proof.

 

If you are prosecuted under Sec 5(3) of the Regulation Of Railways Act they will have to prove it was your intent to avoid payment.

If they prosecute under the byelaws they only need to prove you were there & you didnt have a valid ticket.

 

Quite, SRPO - Thank you ;)

 

UNDERGROUND :D

  • Haha 1
Link to post
Share on other sites

I'm also in similar position to locotoro. I've written a letter to settle out of court. However, I hadn't decided on my plea yet and only have a couple of days to send it off. I haven't received a reply from london underground. Is it worth ringing up the magistrates court to ask for an adjournment given that there's been a postal strike?

 

B

Link to post
Share on other sites

You can ask.

 

It's always worth trying to settle out of Court although the rail company is not obliged to agree to any offer and it may just delay the resuilt that would have been arrived at in any case.

 

On the other hand, you may get the opportunity to pay an administrative penalty and save the likelihood of being ordered to pay a fine & costs.

Link to post
Share on other sites

Please note that this topic has not had any new posts for the last 3140 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...