caught with bus operator pass - UNDERGROUND/Old CodJA ADVICE APPRECIATED!

[oh no]

Hi

 

I have done something stupid - was caught with a relative's bus operator oyster card and am deeply sorry for this now, it is definitely not worth doing and wish I hadnt

 

Here are the details -

 

- got caught after swiping by plain clothes RCI and I admitted it to them and gave them correct info on my details

 

- he asked where i had used it from and i told him. It was only for half my journey as I have a season ticket for other half. I also showed my season ticket.

 

-he asked if i had used it before, I admitted a few times but he didnt ask when and for how long so no other details regarding usage were recorded in the interview.

 

- i admitted the intention to avoid the fare as I was so scared and embarassed. I also confirmed that I had a PAYG oyster on me but it was not validated for the journey.

 

- he then cautioned me, after I had been questioned! and then I signed his notebook and he confiscated the Bus Operator and said it would be cancelled and my relative would not get in trouble.

 

- he told me what was going to happen, warning or prosecution.

 

I am now really scared and feel stupid for doing this as it will mean my job gone if I have a record. I could have had the nominee pass of the relative assigned to me but too late now!

 

UNDERGROUND / SPRO /OLD CODJA I have read the advice left here and would really appreciate if you could advise me on anything that I can do to plead my case and avoid a record please! Also, will hey investigate the usage of the card as I admitted a few times or can they only action the occasion that I was caught?

 

Your help would be much appreciated.

[Old-CodJA]

The advice that has been given in the past is as applicable to your case as any of the others and I will not go through all the full process explanation again so as to avoid boring people, but so far as the specifics of this incident are concerned perhaps the following will help.

 

Firstly, from your explanation, it seems that you are likely to be charged with one count of 'intent to avoid a fare' contrary to Section 5.3.a of The Regulation of Railways Act (1889)

 

It is possible to charge you with other offences, but you would need to co-operate with the prosecutor for them to do that. Whilst the Oyster records will show dates, times and places of journeys made, it cannot show who was using the card. Therefore, unless you assist by giving that information, it would be very difficult to prove.

 

That said, the clear evidence of an offence and your admission of the intention to avoid a fare, recorded in the contemporaneous notes of the interview will be sufficient for the case to proceed.

 

Now I know I've laboured this before, but in these circumstances, you cannot do any damage to your case by saying 'Sorry'. As soon as you get the letter, write back expressing remorse for an uncharacteristic act, borne of a period of intense pressure in your personal and financial circumstances.

 

Write asking for an opportunity to settle without Court action by offering to pay any reasonable costs incurred by the rail company and the fare avoided.

 

Your letter should stress that a conviction for this offence will have a wholly disproportionate effect on your continued employment and that in the current difficult financial climate, you are asking the rail company to show some compassion in allowing you the chance to settle rather than troubling the Magistrates and give an undertaking not to re-offend.

[UNDERGROUND]

Excellent reply from Old-CodJA as usual.

 

You should be aware that your relative may not have their Bus Operator Pass replaced. The manager at LT Staff Travel is very passionate about removing the privilege of free travel from those who have abused it.

 

Technically your relative could be caught up with offences of transferring and aiding and abetting but in reality this is highly unlikely.

 

As per Old-CodJA's advise, all you can do is write to the Prosecutions Manager and hope for the best.

 

Regards

UNDERGROUND