Caught using partners staff Oyster Pass - not got a nominee pass

[Sanla]

I got caught using my partners staff Oyster. I assumed as a partner I had rights to it.

 

I willingly showed the pass to the inspector as I thought it would not be a problem as I was a partner although I don’t have the nominee pass. However, it soon became clear to me that was not the case A signed statement was taken and the pass plus my photo ID was impounded. I admitted that I was using it and she did not know.

 

What are the most likely consequences of this?

Will I be prosecuted and if so what are the most likely outcomes?

Will this go on my record?

 

A report has to be made to staff travel by my partner.

 

I have always bought a monthly pass and used the Oyster for a very brief spell.

 

Is it advisable to seek legal advice or should we write to TFL stating our case as above?

I have not heard anything from the Prosecutions department. This would affect my career. What do they consider as extenuating circumstances?

Please advice. Any help will be greatly appreciated.

 

[Stigy]

You could potentially be prosecuted, and your partner could potentially lose his or her job. Unfortunately the ruling is quite clear (or it is with who I work for at least). I advise you to await correspondence from TfL via the post, and respond accordingly. I very much doubt you could plead extenuating circumstances, as there really aren't any, just that you claim you were unaware of the rules...

[dragonkeeper]

No 'nomimee pass' shows knowledge of how 'staff pass' works,

pleading ignorance is not a very good defence,

no matter the charge.

 

 

dk

[Old-CodJA]

It is most likely that you will receive a letter advising the intention to prosecute for the offence of 'intending to avoid a fare'. You should respond in writing, immediately that you receive that letter.

 

You say that her staff pass and your photo ID were impounded. What photo ID did you hold? Was this a former rail company type public season ticket photo-card or a staff dependent's photocard?

 

You say that you made clear that your partner did not know that you were using her staff Oyster, was she travelling for work on that day?

 

If not and if she genuinely did not know that you had taken it, there is very little likelihood of any repercussions for your partner other than a stiff warning regarding the use & security of staff travel facilities. If, on the other hand, she was aware and it can be shown that she knew you were using it, the consequences for your partner could be very severe.

 

You may not receive your letter immediately and this can sometimes take several weeks, but in a case such as this, it is most likely that the report to staff travel may be assessed before deciding what action to take with regard to your offence. The most important thing is that both you and your partner are completely truthful in answereing any questions that may arise

 

As 'dragonkeeper' points out, your declared knowledge that you needed to hold a nominee pass negates any claim that this was done through ignorance and in any case, ignorance of the rule is not a defence.

 

From your explanation, it is a clear case of you attempting to avoid a fare by using a pass to which you have no entitlement

 

As soon as you receive any letter, write back apologising and accepting liability, but offer to make any reasonable financial compensation with a request to settle the matter administratively. They don't have to agree, but will consider it if it means the company is saved a lot of admin work and their administration costs and adquate compesation have been paid.

 

 

.

[Sanla]

Thank you for your responses.

 

I did not declare that I needed to have a nominee pass, my partner told me that a statement to explain why I dont have the nominee pass and that its with a family member might be needed. My partner never explained to me how it works.

Its my season ticket photocard that they took and my partners oyster card, not the staff ID.

My partner was not going to work that day.

Edited July 11, 2010 by Sanla

[RichardE]

When did your partner tell you that the 'nominee pass' explanation might be required?

[Sanla]

My partner told me the nomiinee pass explanation might be required after the incident. I did not put it in my statement .

[Old-CodJA]

Thank you for your responses.

 

I did not declare that I needed to have a nominee pass, my partner told me that a statement to explain why I dont have the nominee pass and that its with a family member might be needed. My partner never explained to me how it works.

Its my season ticket photocard that they took and my partners oyster card, not the staff ID.

My partner was not going to work that day.

 

Regardless of whether you knew in advance or not, a named staff pass can only be used by the person named on it and you have a strict liability responsibility to hold a valid ticket of your own for the journey you were making.

 

Seizure of the pass and any photocard shown with it, for purposes of making a report is the correct procedure so far as revenue staff are concerned.

 

Wait for your verification letter and then respond promptly

[validugu]

It is not an answer at you question, but i am exactly in the same situation as you. I have done exactly the same thing as you. My partner has gone at work that day with his car and i took his pass from his wallet for only one week. He had no ideea that i took it and when they caught me i panicked and told him straight away what i have done.

 

He got completly mad and telling me that i put him in the risk of loosing his job. I wouldn't want to happen this to him because of me and my stupidness.

 

Do you think he's gonna be ok with the work. I will definitely declare what i have done and would go as far as i can so he doesn't have to have any problems at his work.

 

VP

[Wriggler7]

From stories I am told, it seems that abuse of staff and 'family/partner' of staff passes is increasing, from almost nil ten years ago to (on my local line) one or two a week.

 

I am not aware of any theories why this should be.

 

Staff travel is a privilege, and therefore may be removed, in some circumstances leading to the dismissal of the member of staff.

 

I do wonder if part of the problem is the slow change, in the distant past, railways provided housing for staff, the staff often tended to have long standing family connections with the railway, and being a 'railwayman' was often more a vocation than a job.

 

I see a 'lot' of LUL staff travelling to work from my nearest station, which is many miles away from the nearest LUL depots orstations, and I am told that a fair few 'Southern' and South East trains staff choose to live 'north of the Thames'.

 

I am told that new entrant staff are told what the conditions of use for their staff passes are, and that the application forms for 'partner' or 'dependants' passes come with all the terms and conditions.

 

I have previously asked my local line prosecutor 'how this type of offence is seen'. (He and I were discussing a case where a 'dependant', found using a staff pass, had assualted the Inspector who had caught him.) I got a fairly standard answer that each case will be viewed on its merits.

[Stigy]

Slightly off topic here, but it seems that not all staff using their passes know the rules themselves. Yes it's all very boring to read the various Terms & Conditions, but it can be interesting. For example I've seen staff use Priv Passes (discounts travel meaning the holder liable for only 25% of the standard fare!) for discounting tickets to get them to and from work if they live, for example, north of the river as Wriggler says. I once spoke to a colleague about this, and he was genuinely unaware that it was a no no, and frowned upon. As with most rules and laws though, ignorance is not a defence.

[rambo]

I'm a london bus driver.

A few weeks ago revenue caught a woman useing her brothers staff pass on my bus, revenue said that they always try and go to court in these cases.

[Wriggler7]

Rambo, and many other transport staff, will be aware of the general threat to jobs in 'public transport' following on from public spending cuts, and indeed issues such as the increased cost of fuel. Bus companies and train companies will be forced to look at methods of cutting costs.

 

People who avoid paying the correct fare are a pretty direct threat to the staff and families of staff who work in transport. I would fully understand revenue staff taking a strong line with abuses of privilege rated travel.