Caught using Sister's Oyster card, name and address taken.

[jackcrowley]

Hello,

 

Today, I was caught on a bus using my sister's Oyster card (an 11-16 student card) when I myself am 18 and should be using a 16-18 student card, which I applied for many a few months ago which never came. My name and address were taken, and my sister's card was confiscated. The inspector mentioned that a letter would be sent asking me why I had used the card etc.?

I didn't know that it was an offence as we are both students and I only used the Oyster card for free bus travel, so TFL were not loosing any fare from the action.

Whilst googling for advice on the situation I stumbled upon this site and thought I might find some advice here.

I'm really quite worried and any advice would be much appreciated.

 

Regards.

[honeybee13]

Hello,

 

Today, I was caught on a bus using my sister's Oyster card (an 11-16 student card) when I myself am 18 and should be using a 16-18 student card, which I applied for many a few months ago which never came. My name and address were taken, and my sister's card was confiscated. The inspector mentioned that a letter would be sent asking me why I had used the card etc.?

I didn't know that it was an offence as we are both students and I only used the Oyster card for free bus travel, so TFL were not loosing any fare from the action.

Whilst googling for advice on the situation I stumbled upon this site and thought I might find some advice here.

I'm really quite worried and any advice would be much appreciated.

 

Regards.

 

Hello and welcome to CAG.

 

I expect the forum guys will be along later with advice for you, please bear with us until they're able to get here.

 

My best, HB

[jackcrowley]

Thank you.

I am really quite worried.

It was a foolish thing to do.

Any advice would be great.

[BG1445]

I would advise to wait on a letter from TFL, I would imagine you would be penelty fared. when it comes explain what happened but i wouldn't advise stating you didn't know it was an offence, even tho you are both students you're using someone elses card and the inspecter can't take your word for it.

 

hope it goes ok

[Chickensandparsnips]

I would advise to wait on a letter from TFL, I would imagine you would be penelty fared. when it comes explain what happened but i wouldn't advise stating you didn't know it was an offence, even tho you are both students you're using someone elses card and the inspecter can't take your word for it.

 

hope it goes ok

 

You will have been reported via the TFL IR (irregularity report) procedure by the bus RPI for transferred pass. This usually leads to a court summons being issued as you are over the age of 18. This is not something London Buses would deal with as a penalty fare.

 

You will in the next 7-10 days receive a letter asking for your version of events. Unless you have some serious mitigating reason for using this pass then it is likely TFL will choose to ask the court to issue a summons (a court summons can be issued for this by the court any time within 6 months of the date of offence) as it is in the public interest to prosecute as it is misuse of public funds. My advice would be to wait for the letter, check the accuracy (time date etc), their maybe a problem with the report or some other reason to not follow this through, however this is unlikely. Do not contact TFL until you receive the letter from them is this may slow down progression of your case and you confuse the matter which could be detrimental. The prosecution department do not like to be contacted by telephone and everything will need to be done in writing.

 

Bear in mind that TFL will automatically retrieve from the OCTA (oyster computer system) all journey history for the previous 6 weeks of use on the withdrawn Oystercard. They may gain CCTV use from underground stations or other modes (buses, tram, DLR) as required to prove their case or history of any misuse. Therefore it is in your interest to be honest if this proceeds to court they may bring additional evidence that could disprove any false story which the court would look at in a very dim light.

 

Depending on your offending history (and income) the court will award somewhere between £150-£300 fine, plus costs (often around £100), plus £15 victim surcharge, payment of the lost fare (currently £2.40p) plus a criminal record. Repeat offenders (this includes any previous fare evading reported to IRCAS by any UK transport operator such as railway, DLR, tram, tube) will be disclosed to the court if you are found (or plead guilty) for consideration when sentencing which would increase an imposed fine. It is highly unlikely you will go to prison for this.

 

The TFL prosecutor on the day may consider an out of court settlement if the criminal record is likely to have a particularly detrimental effect, I believe they are instructed not to accept less than £400 on the day these days. However be under no illusion, TFL are under no obligation to settle out of court.

Edited April 5, 2013 by Chickensandparsnips

[TH709394]

You will have been reported via the TFL IR (irregularity report) procedure by the bus RPI for transferred pass. This usually leads to a court summons being issued as you are over the age of 18. This is not something London Buses would deal with as a penalty fare.

 

You will in the next 7-10 days receive a letter asking for your version of events. Unless you have some serious mitigating reason for using this pass then it is likely TFL will choose to ask the court to issue a summons (a court summons can be issued for this by the court any time within 6 months of the date of offence) as it is in the public interest to prosecute as it is misuse of public funds. My advice would be to wait for the letter, check the accuracy (time date etc), their maybe a problem with the report or some other reason to not follow this through, however this is unlikely. Do not contact TFL until you receive the letter from them is this may slow down progression of your case and you confuse the matter which could be detrimental. The prosecution department do not like to be contacted by telephone and everything will need to be done in writing.

 

Bear in mind that TFL will automatically retrieve from the OCTA (oyster computer system) all journey history for the previous 6 weeks of use on the withdrawn Oystercard. They may gain CCTV use from underground stations or other modes (buses, tram, DLR) as required to prove their case or history of any misuse. Therefore it is in your interest to be honest if this proceeds to court they may bring additional evidence that could disprove any false story which the court would look at in a very dim light.

 

Depending on your offending history (and income) the court will award somewhere between £150-£300 fine, plus costs (often around £100), plus £15 victim surcharge, payment of the lost fare (currently £2.40p) plus a criminal record. Repeat offenders (this includes any previous fare evading reported to IRCAS by any UK transport operator such as railway, DLR, tram, tube) will be disclosed to the court if you are found (or plead guilty) for consideration when sentencing which would increase an imposed fine. It is highly unlikely you will go to prison for this.

 

The TFL prosecutor on the day may consider an out of court settlement if the criminal record is likely to have a particularly detrimental effect, I believe they are instructed not to accept less than £400 on the day these days. However be under no illusion, TFL are under no obligation to settle out of court.

 

Hi Chickensandparsnips, if it can be settled out of court that means no criminal record has been made?

[BazzaS]

Hi Chickensandparsnips, if it can be settled out of court that means no criminal record has been made?

 

An "administrative settlement" with TfL outside of court means "no criminal record".

A criminal record would result from being found (or pleading) guilty at court (as most of these cases are brought by the transport operator not the police / CPS, the issue of FPNs and / or cautions complicating things doesn't come into play)

[rambo]

Did'nt know it was an offence to use your sisters oyster card?

You need to wise up very quickly to the way of the world.