Wife used my season ticket, now a letter has arrived

[science]

Could anyone help me please....My wife used my season ticket , she got hold by underground staff. she is from different country..actually she did not realize that she can not use her husband's ticket. she said that she used her husband ticket thinking that she can use it,,,she also metioned husband is unaware of usign his ticket.....now she got a letter from UNderground prosecution department. stating that the case is being considered for legal procedure

the letter state the following

 

incident took place at Upton Park station where by you were spoken to by a member of London Underground staff regarding your train journey and the associated fare.

 

The facts of this incidents are now being considered and I must advice you that legal proceedings may be initiated aainst you regarding this matter in accordance with the London Inderground prosecution policy.

 

If you have any comments to make regarding this incident please write them on the reverse side of this letter and complete the information panel below, returning the whole letter in the freepost envelop provided which does not require a stamp, within 10 days.

 

You do not have to reply to this letter but it may harm your defence if you do not mention something which you may later rely on in court. Anything that you do provide in writing may be used in evidence.

 

Failure to respond to this letter may result in the matter being progressed by the London Underground Prosecutions Department without further notification.

 

 

please let us know what to do.. are they going to give jail term or penalty...she will be going back to her country next month...she want to settle all the issue...she already wrote a sorry letter to the office and offered to pay the penalty....

where she stands now...can she leave this country, while case being considered by underground staff or before getting the court summon..please help

ur advice will highly appreciated..

thanks

in advance

[honeybee13]

Hello and welcome to CAG. I'll move this post to a thread of your own in a moment, it should make life easier for you and the people trying to help you.

 

Please would you clarify if you replied to the letter you quote in your post or did you write before it arrived?

 

My best, HB

[science]

thanks very much HB..i am lookingforward for the information....

[MrGates]

Have a look through some other threads on here first before you decide what to write.

[science]

is there any jail term for using husband's ticket? or fine?? is this criminal record or it wont reflect in CRB

[honeybee13]

Could you tell us the answer to this please?

 

Please would you clarify if you replied to the letter you quote in your post or did you write before it arrived?

My best, HB

[Grotesque]

Hi science!

First things first, you ask loadsa questions, so let's put some minds at rest eh!

 

please let us know what to do..

 

You need to respond in writing quoting the reference numbers they have assigned. Unfortunately there is no 'excuse' for this offence that can 'magic away' an impending prosecution, as Season tickets are not transferable between passengers and can be used only by the name on the photocard.

However you may be able to mitigate. You say your wife is from a different country? Now, obviously I don't want to read too much into that, but could that imply a potential cultural misunderstanding combined with language problems? IF IT DOES NOT THEN DON'T SAY IT DOES!

If it is a first-offence too, then say so.

You may wish to offer to cover all their reasonable administrative costs at this point (an amount which they will tell you- if they choose- we cannot).

 

are they going to give jail term

 

No. Unless she makes a living by laser-copying annual gold cards etc (Joke)

 

or penalty...

 

If TfL do proceed with the prosecution, then a conviction in Court would undoubtedly lead to a Magistrate handing down a fine, with a resultant criminal record.

 

she will be going back to her country next month...she want to settle all the issue...she already wrote a sorry letter to the office and offered to pay the penalty....

 

Am I right toassume that you wrote to TfL BEFORE receiving their FIRST letter? If so, you did not have a refence etc did you, so you / or your wife probably weren't even entered into the system at the point they received it.

So still write back. Recorded delivery etc.

 

where she stands now...can she leave this country, while case being considered by underground staff or before getting the court summon..please help

ur advice will highly appreciated..

thanks

in advance

 

I don't see why it would stop her leaving the country, although if it was a way of avoiding a court case that could be heard in absentia anyway, it would merely emphasise her guilt of course.

This is a private prosecution by TfL so should not appear on the PNC and therefore not be relevant to any Visa application (but you may want to take legal advice on that).

 

Good luck to the missus

Edited January 10, 2012 by Grotesque

[science]

Thanks very much honeybee13

 

We have recieved letter from Underground proscution department. We have replied in the back of the letter, we have also written another letter stating that she will be leaving to her country next month.

 

if she is not hearing back before we leave to our country, is it ok? we can go ?

once we leave the country and we get a court summon and Are we responsible for this?

[science]

if convicted by court, is that criminal record? is that going to affect her getting VISA to other country?? please suggest me

[Grotesque]

I answered your points above.

[science]

we are actually leaving this country by febraury end, as i got a job in germany..

what will happen if we get court summon for month of march, by the time we leave this country..is there any way to respond to court summon...

another questionm, if u get court summon, is that will be send to home office...will they stop us to go to our country..pls

help me honeybee13

[honeybee13]

Hello again. Grotesque has given you quite a lot of information above. I think it answers a lot of your questions.

 

HB

[honeybee13]

we are actually leaving this country by febraury end, as i got a job in germany..

what will happen if we get court summon for month of march, by the time we leave this country..is there any way to respond to court summon...

another questionm, if u get court summon, is that will be send to home office...will they stop us to go to our country..pls

help me honeybee13

 

Hello again. The guys will correct me if I get any of this wrong, a lot of them know more than I do.

 

If you get a summons for after you leave, you can still write to the court. Even if you don't write, I think I'm right in saying that the case can go ahead in your absence. So corresponding with them is better. Can your mail be forwarded to you?

 

I can't see why they would stop you leaving the country. Unless someone here knows something I don't.

 

The thing I don't know much about is if you don't contact the court or resolve the case and you want to come back to the UK in the future. From a case we had here recently, I think this could catch up with you eventually.

 

My best, HB

[MrGates]

You need to get things in context as has already been explained, if you are leaving the country then you will have to make every effort to get hold of TFL to rectify this issue.

[rebel11]

In your letter to London Underground Prosecution, tell them you will be leaving by the end of February, highlight it, so they are fully aware.

 

we are actually leaving this country by febraury end, as i got a job in germany..

what will happen if we get court summon for month of march, by the time we leave this country..is there any way to respond to court summon...

another questionm, if u get court summon, is that will be send to home office...will they stop us to go to our country..pls

help me honeybee13

[science]

Grotesque thanks for ur answers...

my one more question is ...if i get the summon and i cant be here because i ahve to leave the country because my visa will be expired. in that situation can my wife pay penalty from abraod???

please answer me

tahnks in advance

 

 

is there anyone else also help me pls

[Old-CodJA]

Thanks very much honeybee13

 

We have recieved letter from Underground proscution department. We have replied in the back of the letter, we have also written another letter stating that she will be leaving to her country next month.

 

if she is not hearing back before we leave to our country, is it ok? we can go ?

 

 

Yes, this does not prevent you from leaving the UK

 

once we leave the country and we get a court summon and Are we responsible for this?

 

Yes, you may well find that if you leave without responding, the case will be heard in your absence and a conviction recorded.

 

The best think your wife can do is write again, explaining that she is leaving the UK for an indefinite period very soon and ask if the rail company will take this into considerationalong with her further request to settle the case by allowing her to pay the fare and the company's reasonable administration costs before her departure.

 

I would be very surprised if they say no.

Edited January 10, 2012 by Old-CodJA

[Grotesque]

Unless they've opened up an Overseas Import/Export International Division recently

 

United Fruit Company, anyone?!

[honeybee13]

grotesque, you've lost me, I'm afraid.

 

HB

[noveum]

So what was the response or outcome here then?

 

Was a fine and criminal record applied?

[honeybee13]

So what was the response or outcome here then?

 

Was a fine and criminal record applied?

 

Hello there.

 

I see you've started your own thread and expect advice will be forthcoming soon on that.

 

I don't know if science will see your post as they don't seem to have been here for about a year, but they may pick up a message and respond to you.

 

HB

[Old-CodJA]

The OP suggests they only got the letter about 14 days ago

 

It can take up to 6 months before these matters go through the Courts so I gues we will hear more from the OP in the future

[honeybee13]

Sorry OC, this is a 2012 thread that noveum posted on. Noveum has their own thread, started today.

 

My best, HB

[Old-CodJA]

Sorry OC, this is a 2012 thread that noveum posted on. Noveum has their own thread, started today.

 

My best, HB

 

 

Oooops, sorry folks, just noticed 12th January and didn't spot the year. Yes, I'd seen noveum's post and had commented on it.

 

I stand corrected and properly so !!

 

Thanks HB

[honeybee13]

I didn't mean to correct you, OC, just trying to save you time and effort possibly.

 

HB