Being prosecuted by TfL

[Missxx]

Hello I need help with my situation. Last year in December 2011 I was caught using a child travel card on a bus in Stratford. I had a valid 18+ oyster card with me at the time, however at the time I did not think I had any money on the oyster and I had no money on me at the time so I used the child ticket on the bus even know I knew it was wrong I used it to get me to Stratford station so I could check my oyster and get home.

 

At the end of the journey an inspector checked everyone's tickets and I was caught using the child travel card, I appoloigised and tried to explain my reasons and I showed him that I had a valid oyster card he checked my oyster on his reader and it actually had money on it.. I was so shocked that I made such a stupid foolish mistake and I offered to tap on there and then and to pay for the journey with the oyster but he would not let me. He did not caution me he just said he has to take some details down so I gave my details to him and he said tfl will be in touch.

 

Its my first time that this has happened and I dont understand why I did not receive a fine. All I got from TFL was one letter saying I have to reply and send it back.. which I did.. and I got a letter saying there dealing with the incident and I may be prosecuted.. then months later I didn't hear nothing not even a fine then BAM I got a letter from court saying i have to appear in court in March. :/ I feel so bad and terrible and I hate what I have done, I am so ashamed of myself Im really scared and Im willing to pay a fine but I really don't want a criminal record.

 

I am studying in college and I want to become a Vet and a criminal record will ruin my career and my life. Should i just jump of a cliff?

 

Please someone HELP I need to know how to get TFL to settle out of court and am willing to pay them a fine to settle out of court I really want to avoid going to court and getting a criminal record HELP how can I get TFL to settle out of court? Whats the best option to avoid going to court? PLEASE HELP I cant eat or sleep properly with this on my mind 24/7

[honeybee13]

Hello and welcome to CAG. I've started a thead for you as you posted on an old one.

 

My best, HB

[honeybee13]

Hello again.

 

I hope you get some answers from the guys if they're around. I have to tell you that you the inspector didn't have to offer you the option of paying a penalty fare. Being pedantic, only a court can impose a fine.

 

Let's hope they can find something for you to say to TfL to see if they will agree to settle with you.

 

My best, HB

[Missxx]

Am not sure what to do? should I go court and plead not guilty? should I phone TFL and ask them to settle out of court if i pay them money?

[Missxx]

Thank you sorry for posting on the old one

[Missxx]

Yeah me too I cant believe this is happening I really dont know the best option I really dont want or need a criminal record over this.. whats the best option to avoid this from happening?

[honeybee13]

Am not sure what to do? should I go court and plead not guilty? should I phone TFL and ask them to settle out of court if i pay them money?

 

Hello again. I'm not from the transport industry but some of the people here are.

 

I can't say whether it's best to ring or write, but hopefully someone will suggest what it's best to say to TfL. I don't think it's as simple as offering money because it depends on their case and details that we don't know here. I do know that there is time to negociate up until it goes to court, but I would say you need a structured argument.

 

I don't see why you would want to plead not guilty if TfL can prove that you are. From what I've read here, that could cause you further problems.

 

Please bear with us until the guys can get here.

 

HB

Edited February 19, 2012 by honeybee13
spelling.

[Old-CodJA]

Without doubt the best option is to write to the office from which the letter you have received was sent.

 

You are over 18 and therefore entitled to vote if registered, clearly you cannot therefore also be young enough to claim a child fare discount. It is relatively easy to prove such a case and your posts makes clear that you do not deny knowing it was wrong, but there is nothing to stop you trying to convince the TOC to allow an alternative disposal. If this is a first offence you should get a fair hearing and there are a few basics that your letter should contain:

 

1. A sincere written apology to the rail company and the staff concerned,

2. Give an undertaking not to repeat the 'uncharacteristically silly' act,

3. Stress how disproportionate the effect of a conviction would be on your future employment and career prospects,

4. Offer to pay any outstanding fares and all of the rail company's reasonable costs incurred to avoid Court action.

 

They don't have to agree, but it is the best you can realistically do if your case is as straightforward as your post suggests. .

[Missxx]

Thank you this is some great advice I'm 18 and its the first time this has happened I have never done anything wrong and my record is clean. I was caught on the bus so you think I should write to the bus company? The only letter I have is the court letter. Where can I get the email to contact the bus company directly?

 

Thanks

[Old-CodJA]

All I got from TFL was one letter saying I have to reply and send it back.. which I did.. and I got a letter saying there dealing with the incident and I may be prosecuted..

 

Write your letter, sign and date it and send it by Royal Mail recorded delivery to the address that was on the letter, which you refer to in your original post.

 

This is MUCH more effective than email.

 

Sorry if it seems a bit 'old style, but you do need to put real effort and a bit of a 'personal touch' into convincing them that they should allow you to settle.

 

If you do not still have that letter, read the Summons to Court that you have received and the address of the prosecutor (TfL Office) will be on that.

[Missxx]

Oh thanks very much, thanks for the advice I defiantly think I will write a letter now.

[rambo]

I'm a london bus driver.

IMO, TFL will prosecute.

[Missxx]

Aww man I feel so bad but I dont know if they will understand what a criminal record will do. Im willing to pay any costs, and do anything they want me to but not a crinimal record, I wanna become a vet surgeon and I cant work with animals with a criminal record so that means I would have to leave college and to do what? I wanna go uni and study for 7-10 years to get to job that iv wanted for most my life omg my life is over might as well jump of a bridge!!

[honeybee13]

Hello there.

 

Did you sent the letter to TfL?

 

My best, HB

[Missxx]

No not yet, am running out of time, I think I might phone them instead

[Old-CodJA]

Aww man I feel so bad but I dont know if they will understand what a criminal record will do. Im willing to pay any costs, and do anything they want me to but not a crinimal record, I wanna become a vet surgeon and I cant work with animals with a criminal record so that means I would have to leave college and to do what? I wanna go uni and study for 7-10 years to get to job that iv wanted for most my life omg my life is over might as well jump of a bridge!!

 

No not yet, am running out of time, I think I might phone them instead

 

Sorry if some oversensitive soul thinks this is a bit harsh, but I really do think it needs saying sometimes. Whilst you are spending time at your PC typing further posts on here, why not spend that time putting together a letter to send to TfL.

 

I say this from experience, the longer you procrastinate over it, the less likely you are to get a favourable response. Yes of course the prosecutors staff realise the effect of conviction, but quite often the company feel that prosecution is as much about re-education as it is punishment.

 

Show that you are remorseful, write a genuine apology. Give TfL a reason to give you another chance. This will not go away and you need to deal with it as promptly as possible in an adult way.

 

In reality, it is not likely to be a life-changing event, though conviction is something that you would need to declare. TfL are not forced to accept your plea for leniency, but if you don't get on with it then it's never going to happen.

 

You can phone them and maybe you'll get a sympathetic ear, but don't be surprised if they tell you that you must put any further comment in writing anyway.

[Missxx]

Sorry if some oversensitive soul thinks this is a bit harsh, but I really do think it needs saying sometimes. Whilst you are spending time at your PC typing further posts on here, why not spend that time putting together a letter to send to TfL.

 

I say this from experience, the longer you procrastinate over it, the less likely you are to get a favourable response. Yes of course the prosecutors staff realise the effect of conviction, but quite often the company feel that prosecution is as much about re-education as it is punishment.

 

Show that you are remorseful, write a genuine apology. Give TfL a reason to give you another chance. This will not go away and you need to deal with it as promptly as possible in an adult way.

 

In reality, it is not likely to be a life-changing event, though conviction is something that you would need to declare. TfL are not forced to accept your plea for leniency, but if you don't get on with it then it's never going to happen.

 

You can phone them and maybe you'll get a sympathetic ear, but don't be surprised if they tell you that you must put any further comment in writing anyway.

 

No thank you your right its not going to go away and its something I have to deal with. Thanks its something that i'm going to do.

[honeybee13]

No thank you your right its not going to go away and its something I have to deal with. Thanks its something that i'm going to do.

 

Hello again. How long do you have to reply? You said you were running out of time.

 

My best, HB

[Simplyraj]

Hi I'm having the same problem, I mistakenly used the child card and was caught! They have sent me the letter saying the legAl prosecution will be done!

Did you find any solutions to your problem!

Did you paid any fine?

Did they took you to the court?

[markl1987]

Hi I'm having the same problem, I mistakenly used the child card and was caught! They have sent me the letter saying the legAl prosecution will be done!

Did you find any solutions to your problem!

Did you paid any fine?

Did they took you to the court?

 

Simplyraj if you start your own thread with all the details of the incident then people can advise you accordingly and help you out.

This thread is from Feb this year so getting old now

[Littlebush]

Similar situation, my wife used my staff pass quite innocently, she even had her own oyster with her but they still took details and it all went to court and fined. I am not sure though if it will show up as a criminal record, but if it does it's our lives screwed for five years as it affects her immigration.

[firstclassx]

If TfL are involved, and it involved the railway, then she is likely to have been convicted under Section 5(3a) - Regulation of Railways Act 1889, which appears on a criminal record.

 

Travelling on a railway without having previously paid the fare, and with intent to avoid payment.

[Littlebush]

Thanks

 

The prosecution letter states its an offence and imposition of a miscellaneous railway byelaw.

 

Any idea if that would show on an enhanced Crb (or whatever it's called these days)?

 

Thanks agin

[Old-CodJA]

Thanks

 

The prosecution letter states its an offence and imposition of a miscellaneous railway byelaw.

 

Any idea if that would show on an enhanced Crb (or whatever it's called these days)?

 

Thanks agin

 

If the Summons alleged the strict liability breach of Byelaw, the conviction will not show up on a basic CRB check, but ought to be declared if your job requires a high level of integrity

 

It is not a recordable offence

[rambo]

Why are people getting on buses with other peoples passes?

I live with 2 other people and never pick up thier wallets by mistake..........................................