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Letter of Possible Intent to Prosecute from bus with no empty oyster, gave wrong address


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hi there,

 

i am new to this site so forgive me if i am posting in the wrong place, this is the only place i coudl find an option to create a new thread!

 

a few weeks ago on a bus i was stopped for not having a valid ticket on me. i had my oyster, but i was in a rush to get home and i just jumped on the bus. i knew there was no money on my oyster but i really needed to get home so thought id try my luck and get on the bus. i managed to get on and just walk and the bus driver didnt say anything. but when half an hour later i was stopped they could tell that not only did my oyster have no money, but i had not even attempted to swipe it.

 

at this point i'll admit freely that what happened up to this point and after, was obviously completely my fault, and i feel like a bit of a twit in looking back. i got a bit flustered and at the point when they asked for my details i gave a previous address where i lived a while ago. then when i gave them my i.d it had my most recent address on it (i am now staying at my mums but my i.d hadnt been changed at the time to her address). i completely forgot that the address on my i.d wasnt my mums address and only gave it to them so they could have the real address and just get on with it. i was kept on the bus for around 45 minuits and everyone else had to get off and transfer to another one, while the 2 inspectors waited for the "police to come and confirm with me my identity". once they said the Police where involved i knew i would have to give them my correct details so i thought i would just wait for them and eventually get it sorted and just get the fine sent home. after half an hour of the police not coming and what i would call a "heated discussion" with the 2 ticket inspectors, i told them that i was willing to pay any fine, give them the address where i am staying at the moment and whatever else they needed so that i could go, as i was now running extremely late to my dads 50th birthday. i even called my mum so they could talk to her and confirm my current address and details. after that he gave my oyster back and said i would receive a letter.

 

i gave them all the correct information before i got of the bus, even though admittedly i did give them the wrong address at first but i think i just panicked. i asumed i would receive a fine in the post but i have received a letter saying that on this date and time i was stopped for not providing a valid ticket and a case is beeing built against me , and they advise that legal action could be taken. they have asked me to put my account in writing within 10 days and send it back to them, and whatever i write could be used as evidence.

 

i am extremly worried now, as, although they only mention that i did not have a valid ticket, they dont say i will just be fined or anything like that. it doesnt say anything about how i gave the incorrect address, but could this be the reason it has come through like this rather than a direct fine?

 

ive never had one so i dont know if the letters are all like this, but i assumed it would just say the fine if so, so now i am a bit more worried about being prosecuted for giving false information or something like that?

 

i have been advised to just write back and be honest, explain that it wont happen again and offer to pay any fine, but i have been getting conflicting advise on whether to mention about the incorrect address. as it hasnt been mentioned in the letter (but it does say they are looking at the details and building a case) should i just say about the incident and offer to pay the fine, or should i mention that i gave the wrong address first? they did have my correct address in the end and obviously my details, so does this count for anything?

 

and if it was anything to do with that am i likely to be prosecuted? what is the most likely action that will happen here if i write to them apologising and offering to pay? do you think its possible to avoid court or will they take me for giving the wrong information? i am really worrying now!!

 

any help would be amazing as i am going to start writing the letter today. thank you so much guys, i really am worrying here..

 

thankyou! x

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Hi, Biz

 

It sounds as though you were reported under TfL Byelaws for not having a valid ticket. I'm not 100% savvy with Byelaws on the buses, as I work in the rail industry where there's two legislations. The Byelaws and the Regulation of Railways Act 1889, the latter of which is where the intent to avoid payment has been reasonably established, and therefore holds a higher penalty and is recordable on the Police National Computer if convicted. I'm not sure if there's similar on London buses or not?

 

My advice tends to remain the same though, in that I suggest responding to them and advise that you are very sorry and you've never been in the predicament before. If they made no mention to a charge of supplying incorrect details I ceratinly wouldn't mention this, and just stick to the charges on the letter! I would also offer to pay all reasonable admin costs in order to remain out of court, as a hearing would severely impact on future employment etc. Be sincere and don't come accross as cocky. They don't have to accept, but if they do it'll keep the matter out of court, and the possibility of a conviction. Either way I think it'll be a costly mistake, finiancially.

 

Good Luck!

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  • 3 months later...

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.

Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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