TFL Prosecution, Old Cod-JA can you please help!

[271672]

Dear all,

 

Like many on this site I am urgently seeking guidance on the best way to deal with potential legal action resulting from fare evasion on the London Underground, the details are as follows:

 

In January my girlfriend was asked to show her oyster card after exiting the barriers at an underground station. She showed the inspector her own oyster card which he scanned and immediately realised she had in fact not used. He asked her what card she had actually used at which point she produced my student photo-card oyster. My girlfriend is a foreign student from asia and had a little difficulty understanding the situation, although she signed the form etc agreeing with what happened (although didn;t actually read it). Anyway, when the inspector mentioned prosecution, court etc she replied that she didn't realise it was so serious (she presumed it would just be a small fine, much like in her home country) and the inspector replied that she shoudn't worry, first time offence, most likely fine etc. Shortly after I read some posts here and realised the seriousness of what had happened.

Follwoing this we waited to see what happened, hoping she would be fined, however, recently the letter arrived stating "on this date incident happened ...give your version". My girlfriend totally accepts what she did was wrong and I am hoping someone can advise on the best way to respond to the letter, Old Cod-JA any feedback would be much appreciated! My girlfriend will return home next month for a few months at least to do some research and phoned the prosecutions department to say she will be returning home and they advised to send proof of travel with the letter and they will deal with the case asap, I'm hoping due to this fact they may be more likely to settle out of court. My girlfriend is a PhD student, although not in London hence she didn;t have discount card, and really we hope by appealing to TFl they will fine rather than prosecute as a conviction could have a terrible consequence on my girlfriends future: she hopes to stay in the UK for post doctoral study and is also a part time teacher.

I advised her to reply to the letter stating the following:

 

Accepting what she did was wrong and making no escuses, after all she dosent really have any, and apologising profusely for a (very stupid) mistake that wont happen again

Stating that she is more than willing to pay fine, costs etc before she returns home

Asking that they show leniency as a conviction could seriously affect future visa, employment in the UK which she hopes to obtain after finishing a PhD that her parents have invested everything they have in

 

I apologise for such a long post but she needs to send the letter asap and I am really hoping someone can advise on the best way to reply

 

Many thanks,

[weather-cold]

Dear all,

 

Like many on this site I am urgently seeking guidance on the best way to deal with potential legal action resulting from fare evasion on the London Underground, the details are as follows:

 

In January my girlfriend was asked to show her oyster card after exiting the barriers at an underground station. She showed the inspector her own oyster card which he scanned and immediately realised she had in fact not used. He asked her what card she had actually used at which point she produced my student photo-card oyster. My girlfriend is a foreign student from asia and had a little difficulty understanding the situation, although she signed the form etc agreeing with what happened (although didn;t actually read it). Anyway, when the inspector mentioned prosecution, court etc she replied that she didn't realise it was so serious (she presumed it would just be a small fine, much like in her home country) and the inspector replied that she shoudn't worry, first time offence, most likely fine etc. Shortly after I read some posts here and realised the seriousness of what had happened.

Follwoing this we waited to see what happened, hoping she would be fined, however, recently the letter arrived stating "on this date incident happened ...give your version". My girlfriend totally accepts what she did was wrong and I am hoping someone can advise on the best way to respond to the letter, Old Cod-JA any feedback would be much appreciated! My girlfriend will return home next month for a few months at least to do some research and phoned the prosecutions department to say she will be returning home and they advised to send proof of travel with the letter and they will deal with the case asap, I'm hoping due to this fact they may be more likely to settle out of court. My girlfriend is a PhD student, although not in London hence she didn;t have discount card, and really we hope by appealing to TFl they will fine rather than prosecute as a conviction could have a terrible consequence on my girlfriends future: she hopes to stay in the UK for post doctoral study and is also a part time teacher.

I advised her to reply to the letter stating the following:

 

Accepting what she did was wrong and making no escuses, after all she dosent really have any, and apologising profusely for a (very stupid) mistake that wont happen again

Stating that she is more than willing to pay fine, costs etc before she returns home

Asking that they show leniency as a conviction could seriously affect future visa, employment in the UK which she hopes to obtain after finishing a PhD that her parents have invested everything they have in

 

I apologise for such a long post but she needs to send the letter asap and I am really hoping someone can advise on the best way to reply

 

Many thanks,

 

im surprised they haven't decided to prosecute you aswell!

 

it is clear case of fare evasion, which was made even worse after your oyster card was presented.

your gf should apologise and ask for the matter to be dealt with outside of court.

 

you might think this was not serious, you may of thought that you were being clever by pulling some poxy little [problem]..but rail fraud costs the train franchises 400 million a year...could lead to a criminal conviction...so next time use common sense which even a PHD cannot guarantee as is obvious in this case.

 

(does this info count as community service)

[RPI]

I should wait for Old Codja to reply if you want some worthwile advice.

[Old-CodJA]

It MAY be worth your girlfriend writing to the prosecutor's office and to explain that English is not her first language and to apologise, asking whether the company will allow her to settle this matter by imposing a financial penalty rather than Court action.

 

Much will depend on the inspector's report. If that notes report that she was clear in her understanding of English when questioned and that she fully understood what was going on, then it will probably have a lower chance of success than if the inspector has recorded that he had difficulty in making her understand.

 

I am assuming that your GF is over 18 and if so, she should respond to this TfL letter herself. If you write the letter or help her with it, you should make sure that the response stick to the actual facts and that your gf signs the letter.

 

It may help to use phraseology along the lines of:

 

".........has limited understanding of the English language and is very concerned that the effect of a succesful prosecution in this case might result in a wholly disproportionate effect on future employment prospects.

 

.....(GF name) .... asks the rail company to accept payment of the fare avoided and any reasonable costs incurred in it's recovery as an alternative to Court action.

[maroondevo52]

I've unapproved the last two post's, weather-cold and SRPO both your comments help no one, please keep personal disagreements out of other peoples threads.

[weather-cold]

I've unapproved the last two post, weather-cold and SRPO both your comments help no one, please keep personal disagreements out of other peoples threads.

 

 

 

it is clear that SRPO started it!! i like the way which his post was able to stay til yesterday...but within minutes of my reply they both got taken off

 

p.s if any one wants to know what 'SRPO' stands for pm me

[maroondevo52]

And don't you think I would have removed SRPO's post if I had seen it yesterday Makes no odds who started what, read the Site Rules before thinking about posting personal comments.

[weather-cold]

And don't you think I would have removed SRPO's post if I had seen it yesterday Makes no odds who started what, read the Site Rules before thinking about posting personal comments.

 

no is the answer to your 1st question

[SRPO]

...p.s if any one wants to know what 'SRPO' stands for pm me

 

post it up on here, I guarantee you are wrong....

[Old-CodJA]

p.s if any one wants to know what 'SRPO' stands for pm me

 

Weather-cold, is it really necessary to continue to make unprovoked attacks? Please let it drop and let others who wish to seek advice do so.

[maroondevo52]

weather-cold,

 

I would advise you to read the site rules before continuing to post in the manner you have been.

 

Your account will be placed on Moderation if this warning is not heeded.

[weather-cold]

weather-cold,

 

I would advise you to read the site rules before continuing to post in the manner you have been.

 

Your account will be placed on Moderation if this warning is not heeded.

 

moderation....some is flexing their limited power!...anyway i will let these men get on with handing people somewhat useful advice.

 

i will be back when there are any developments in my case.

[Stigy]

Can't he just be banned?

[timbo58]

I'll second that: Please ban him.

Although it's probably only matter of time until he puts himself beyond the pale in any case.

 

Ever since he came on here he has shown he is only interested in sympathetic answers to his own skewed and ill informed viewpoint.

 

He took scant advice of the well meaning experience given to him by the current and ex revenue staff on here and was quite rude to those he didn't agree with.

 

He is clearly only here now to bait other regular (and I have to say more valued) users of this forum.

[qood]

does anyone have the address for TFL Prosecutors Office please? so I can write to them as I was caught not touch in my oyster card?

[Grotesque]

You provide INFORMATION as to your case, and a wealth of knowledge and experience will be at your disposal.

 

But:

 

I was caught not touch in my oyster card

 

...is not good enough!