Being taken to court - used someone else's oyster.

[Aaron's mum]

Hi there,

 

Firstly, i think this forum is brilliant and i am glad i have come across it.

 

My problem is that i have been summoned to Richmond court, being prosecuted for using someone else's oyster.

 

He is a friend and a bus driver so he got an oyster with his photo on it.

 

On the said day, i picked up the oyster and used it on the bus which was subsequently stopped by inspectors.

I presented the oyster and was asked to come off.

She took down my details and confiscated the card saying that i shouldn't be using it.

 

Later i received a letter asking me to explain myself.

I did my best and explained that i was not aware that i couldn't use someone else's card.

I begged for forgiveness as i know that taking me to court will completely destroy me.

My profession requires a clean enhanced CRB, i am a mum of 2 and this was the first time i had done anything like this before.

 

I have now just received a letter telling me i am being prosecuted and asking for my plea.

 

Please advise..

.i know i am guilty as the card did not belong to me but i just assumed it is ok to ue it.

Ignorance is no defence but is there anything i can do between now and the court date to avert this situation.

 

I am desperate as i need to avoid a criminal conviction but i am so worried don't know what to do.

 

What should i do?

 

Plead guilty..

.write another letter to tfl begging for forgiveness....

plead not guilty...etc

 

I really could use some advise please.

 

Many thanks

[Old-CodJA]

You could try writing to TfL again, the main points of your letter should be as follows:

 

i) Offer an unreserved apology to the company and staff concerned,

 

ii) Stress that this was an out of character action for which you are genuinely sorry

 

iii) Explain that if you are prosecuted and convicted this will have a wholly disproportionate effect on your future employment because a clean enhanced CRB check is an essential pre-requisite of your job.

 

iv) Offer to pay any unpaid fare/s and all of the reasonable costs incurred by TfL in dealing with this matter, all of which you recognise arise as a result of your actions

 

v) Give a written untertaking not to travel without a valid ticket on any journey in future.

 

TfL are not obliged to accept your offer, but will give your letter consideration.

 

The costs applied for in any successful prosecution are normally somewhere between £120 - £150 so you might consider making an offer based on that knowledge. If they agree this will need to be paid in full immediately.

 

Good luck

Edited April 16, 2012 by Old-CodJA

[Aaron's mum]

Thank you so much Old-CodJa for this advice. I am doing this today and having the letter posted recorded delivery.

 

However, my court date is in 2 weeks, do you think i will get a response before then and if not what do i do with the letter that is asking for my plea? I think it is best i wait and fingers crossed i get a positive response. This is killing me softly but i do appreciate your advice. God bless

[Conniff]

Does it say on these Oyster cards that they can only be used by the purchaser or those it is issued to?

 

All a bit of a conn trick if you ask me, paying is paying no matter whose card you use.

[GuidoT]

I think if it is a bus drivers the problem might arise from the fact they get free or discounted travel.

 

Oysters do not have photos normally and there is no reason why you cannot use someone else's as it all equates to the same revenue.

http://www.tfl.gov.uk/tickets/19798.aspx

Edited April 17, 2012 by GuidoT

[Conniff]

Thanks G, I understand now.

[Old-CodJA]

Does it say on these Oyster cards that they can only be used by the purchaser or those it is issued to?

 

All a bit of a conn trick if you ask me, paying is paying no matter whose card you use.

 

 

It's only the Pay-as-you-go Oyster that can be freely used by anyone

 

Any Oyster that has a photo can only be used by the person depicted.

[Conniff]

That sounds sensible, helps stop theft.

[The Urbanite]

I have a "Bus Operator" Oyster Card. It allows free travel on all TfL services, including buses, LU/LO and DLR/Tramlink. It's impossible to top up these cards.

 

The Oystercard itself clearly states that it's only valid with the photocard which bears the identical identity number. The photocard clearly states it's only for use with the named person and that anyone misusing it may be liable for prosecution.

 

The warnings are there so anyone abusing it obviously doesn't mind having a criminal record and a hefty fine instead of paying a few £s for a day's travel. I'm bewildered as to why any such person would be asking for help!

[Aaron's mum]

I have a "Bus Operator" Oyster Card. It allows free travel on all TfL services, including buses, LU/LO and DLR/Tramlink. It's impossible to top up these cards.

 

The Oystercard itself clearly states that it's only valid with the photocard which bears the identical identity number. The photocard clearly states it's only for use with the named person and that anyone misusing it may be liable for prosecution.

 

The warnings are there so anyone abusing it obviously doesn't mind having a criminal record and a hefty fine instead of paying a few £s for a day's travel. I'm bewildered as to why any such person would be asking for help!

 

The Urbanite, i appreciate and understand what you are saying. Like i have stated previously, i now realise that i should never have used this card as it did not belong to me. But you know, in life sometimes we do things without thinking or reading the small print.

 

The warnings are there but you know life is so hard sometimes, its not black and white. I don't know and will never know what possessed me but i am human and i made a mistake that i can't undo. I have never been in trouble with the law before and i have managed to lead a life that my children would be proud of. However, on this occassion, i don't know what came over me or what made me think it is OK, it is just one of those unexplainable things. I am just so disappointed and in disbelief that one mistake in life is going to cost me all that i have worked so hard for.

 

I put my hand up and agree that i deserve punishment, but the punishment is so severe because a criminal record would totally destroy my career and hence my children's future. Oh how i wish i could only turn the clock back.....and it's so hurtful that one gets such a hefty punishment for one first mistake yet there are thousands out there who offend and re-offend without having their lives turned upside down.

 

I think everyone deserves a second chance in life and i am sure no one goes through life without making mistakes...we learn from our mistakes and i have learnt from this, just that this lesson has spelt the end for me

Edited April 16, 2012 by Aaron's mum

[GuidoT]

Aaron's Mum has sought help here, can we please do so positively, that is without judging.

[Aaron's mum]

Aaron's Mum has sought help here, can we please do so positively, that is without judging.

 

Thank you so much GuidoT, i appreciate the compassion

[The Urbanite]

I must've missed that one.

 

No, it's not crime of the century but it's theft all the same and it dealt with much in the same way that making off without paying is dealt with in shops, petrol stations at other places. TfL and other transport operators have deterrents in place in the form of Penalty Fares, but they're not effective enough to prevent people from trying it on. Perhaps getting people convicted is harsh but it's the only thing that seems to make people think twice about their actions these days.

 

There is a saving grace in that TfL may reconsider in the most extreme of circumstances, but IMO I see them as very much "harsh but fair."

[Aaron's mum]

You could try writing to TfL again, the main points of your letter should be as follows:

 

i) Offer an unreserved apology to the company and staff concerned,

 

ii) Stress that this was an out of character action for which you are genuinely sorry

 

iii) Explain that if you are prosecuted and convicted this will have a wholly disproportionate effect on your future employment because a clean enhanced CRB check is an essential pre-requisite of your job.

 

iv) Offer to pay any unpaid fare/s and all of the reasonable costs incurred by TfL in dealing with this matter, all of which you recognise arise as a result of your actions

 

v) Give a written untertaking not to travel without a valid ticket on any journey in future.

 

TfL are not obliged to accept your offer, but will give your letter consideration.

 

The costs applied for in any successful prosecution are normally somewhere between £120 - £150 so you might consider making an offer based on that knowledge. If they agree this will need to be paid in full immediately.

 

Good luck

 

Hello all,

 

Just to let you know that i followed your advice Old-CodJa and i have been successful. I wrote the letter explaining myself and stating how sorry i was and how a criminal record could spell the end of my career and hence my children's futures. I then recieved a call today and someone from TFL was asking for my email address which i provided.

 

They then emailed me saying TfL have agreed to settle out of court and asked me to pay a fine of £250. I am so grateful and even though this is alot of money, i think it is better than me having a criminal record and i would like to thank all of you guys have adviced me throughout this testing time. I have learnt my lesson and this wa a genuine mistake that will obviously never happen again. We do learn from our mistakes and i have learnt.

 

I love this forum and God bless all of you x

[GuidoT]

Excellent, thanks for letting us know, really pleased for you.

[Old-CodJA]

Well done. Thanks for telling us.

[SRPO]

Seeing that my posts are being removed mysteriously & without notification I've come to the conclusion that the site team feel I cannot contribute anything useful to this forum.

Therefore I shall not be posting again, I would like to leave thinking I may have helped in some small way a few people who have posted here looking for advice.

 

So long & all the best to the regular contributors.......you know who you are.