Get stopped by Misuse of Underground Photo card -- Old-CodJA pls help!!!

[backhome]

Dear All,

 

I am looking for your help from you all, especially Old-CodJA pls.

 

I am university student. Yesterday, I was kinda hurry and mistook my friend's photo card. When I swiped into a underground in Zone 1, unexpectedly, I was stopped by an underground Inspector and he also took notes from me. I was told I had to wait for the letter from the Prosecutors and would face a court summon. I am very worried about this because that may take a criminal record on me and influence badly my visa application and professional career. SO may I ask your help about the following questions.

 

(1) Can I do something before I receive the letter from the prosecutors in order to avoid the prosecution? If emails or phone calls, what would be the email address or phone numbers?

 

(2) Any measures for me to avoid the court summon? I am quite worried about the criminal record. I want to deal with this matter out of court?

 

I am looking for your replies asap

Many thanks

[silly11]

To save Old Codja et al writing the same thing again....

 

From what I've gathered from this site you should do this:

 

(i) Wait for the letter informing you of their intention to prosecute - in my case it took 21 days, but I believe it can take a lot longer.

 

(ii) When it arrives, write back to the prosecutions team using the details on said letter. Be polite, explain it was a mistake, make no excuses, explain it was a first offence (if it was), explain that a conviction would have a detrimental effect on your career and visa application, ask if you can pay for the journey and any reasonable costs that they have incurred so far.

 

(iii) Sit tight and wait for a response - they are under no obligation to not take you to court. The ball is well and truly with them.

 

If I've missed anything, I'm sure one of the guys will correct me and I'm happy for them to do so.

[backhome]

To save Old Codja et al writing the same thing again....

 

 

From what I've gathered from this site you should do this:

 

(i) Wait for the letter informing you of their intention to prosecute - in my case it took 21 days, but I believe it can take a lot longer.

 

(ii) When it arrives, write back to the prosecutions team using the details on said letter. Be polite, explain it was a mistake, make no excuses, explain it was a first offence (if it was), explain that a conviction would have a detrimental effect on your career and visa application, ask if you can pay for the journey and any reasonable costs that they have incurred so far.

 

(iii) Sit tight and wait for a response - they are under no obligation to not take you to court. The ball is well and truly with them.

 

If I've missed anything, I'm sure one of the guys will correct me and I'm happy for them to do so.

 

silly11, thanks for your reply.

 

I got further questions about this.

 

(1) Is my explanation mentioned earlier enough to persuade them?

 

(2) How's your case and results pls?

 

(3) What is the chance to succeed ?

 

Many thanks

[silly11]

(1) Unfortunately it was your error, not theirs. And they hear that kind of excuse constantly. That's not to say that it will definitely go to court. I don't want to sound harsh, I'm just relaying the facts as I understand them.

 

(2) I got extremely lucky. I sent them a two page letter in response to the letter that they sent me with the notice of intention to prosecute - the letter contained no excuses, I explained the consequences of a conviction to my career and asked that in this instance, as it was a one off, if they would consider allowing me to pay a penalty fare and their administration costs. Though they didn't have to do this, on this occasion I got lucky.

 

(3) I have no idea, sorry. All I can suggest is follow advice given to you by the more experienced members of this forum.

[Old-CodJA]

silly11, thanks for your reply.

 

I got further questions about this.

 

(1) Is my explanation mentioned earlier enough to persuade them?

 

(2) How's your case and results pls?

 

(3) What is the chance to succeed ?

 

Many thanks

 

The advice you have been given thus far is spot on.

 

As for whether your explanation was enough to persuade them to allow you to settle, that is a matter for the prosecutor. All cases are assessed on their merits.

 

One thing that makes a big difference and isn't clear from your posting. You have referred to 'mistook my friends' photocard'. Did you actually have a photocard of your own?

 

It is impossible to predict the chances of success, but if you are entirely truthful, have no previous record for similar matters, show remorse and apologise, explain clearly and don't make excuses you will stand a good chance of getting the result that you are hoping for.

[backhome]

The advice you have been given thus far is spot on.

 

As for whether your explanation was enough to persuade them to allow you to settle, that is a matter for the prosecutor. All cases are assessed on their merits.

 

One thing that makes a big difference and isn't clear from your posting. You have referred to 'mistook my friends' photocard'. Did you actually have a photocard of your own?

 

It is impossible to predict the chances of success, but if you are entirely truthful, have no previous record for similar matters, show remorse and apologise, explain clearly and don't make excuses you will stand a good chance of getting the result that you are hoping for.

 

Dear Old-CodJA,

 

Many thanks for your reply. I do have a student card which however expired but I have bus pass and prepay in it. Yesterday, we just took the other's card in university accidentally and I was kinda of hurry and did not go back to switch it back. I have been using appropriately my cards since I was in London. I have been always having my own monthly ticket in my card. It is definitely my first offence.

 

Another question is if I was rejected to take it out of court by the presecutor, how badly would that influence my working permit and visa applications ?

 

Many thanks

[silly11]

Dear Old-CodJA,

 

I do have a student card which however expired but I have bus pass and prepay in it.

 

Assume you mean tube pass?

[Stigy]

Assume you mean tube pass?

Probably means bus pass...

[backhome]

Assume you mean tube pass?

 

It is bus pass. The place I was going to is actually two stations away. I can easily take buses there

[Grotesque]

I do have a student card which however expired but I have bus pass and prepay in it.

 

Hi Backhome.

 

How much pre-pay was loaded onto your Oyster that day? -remember they can check these things!

 

Reason I ask is that, on the assumption that pre-pay is valid at those stations (Underground? National Rail?), if you had insufficient pre-pay to travel on your own card, then you basically 'accidentally mistook' you friend's valid Rail ticket instead of your own invalid (being an expired bus pass) ticket which you couldn't have used anyway.

 

Can we have some more details of your actual journey please?

 

Good luck!

 

ON EDIT: Sorry, I might have misunderstood exactly what tickets you had- the student card (what sort?) had expired but not the bus pass?

 

More details on the tickets too then please!