caught using wife monthly travelcard

[worried_suman]

Hi All,

 

I read few posts on the forum and my story started similar to many of yours. Sorry for this long post but I thought it would be good to write in detail so you all can guide me properly.

 

I live in Croydon. I mostly work from home and occasionally travel to London for "work" using my "pay-as-you-go" oyster card.

 

My wife goes to office daily so she has monthly travelcard.

 

Today evening I was due to go meet few friends in London and met my wife at Croydon station (she was coming back from her office).

It was almost same time so I promised to see her before I go out.

 

She used her travelcard to pass barricades and placed it in Ipad cover (she had ipad in her hand, guess was using in train).

I met her, thought I could use ipad during journey, so took her ipad without me and her realizing that her travelcard is in the Ipad cover.

 

So she left and after she left when I opened ipad, I noticed her travelcard in it.

 

Now I have been in London only for a year and never used travelcard (always my oyster since she is always at work when I go out to London for my meetings)

 

so honestly didnt know that it is not transferable (I know many would take it as a excuse but this is true,

I stay busy with my work and hardly get time to research on things that I don`t use. this is the first time I got travelcard in my hands).

 

At this moment, I made a bad decision.

 

Without knowing it is not transferable, I decided to use it

 

however, showed it clearly to inspector at barricade, he saw and allowed me in,

 

I took the train to Victoria and then took underground using my oyster.

 

On the return journey, I decided to board direct overground train from St Pancreas

so again showed travelcard to inspector however, he stopped me this time.

 

I had no bad intention of misusing travelcard which is why I wasnt afraid of showing travelcard to let him check and allow me in.

But when I reflect back, I can see that I was wrong and also irresponsible

- If I didnt know, I should have asked explicitly whether I can use this but In hurry to meet friends and rush time, I took it easy.

 

he took my details, signature and told me that I will get a letter.

 

Based on what I read, I am expecting a letter from FCC on confirming my address and perhaps interview (if I m lucky so I can explain my situation).

 

I know I should wait for letter to come but just wanted to check if there is anything I should do in coming weeks before I get letter.

 

I am very worried about criminal record now.

I am due for UKBA visa in few months and also travel frequently across the world for my work which means quite a many visa applications in future.

 

Due to sensitivity of my job, my employer takes criminal records very seriously and I am worried that this mistake might cost me lot more than money.

 

I have a job I always wanted and now due to this reason, If it impacts my visa or employment, I would be quite depressed and disappointed.

 

I never had any offence in my life (no speeding, no penalty, no fines etc.) but am afraid that this might just be a bad memory for entire life.

 

I have no intention to endorse my stupidity and ignorance, I already feel awful about it but I hope FCC can consider my remorse and agree to settle out of court.

 

thanks

- S

[dx100uk]

I cant see you having to many issues

 

await the letter.

 

an honest mistake does not often have a negative outcome

 

dx

[Candyapple111]

When you say you used your wife's travelcard, was it a paper/card one or Oyster?

 

Also, is your wife a student or something that would require her picture on the Oystercard or to be shown alongside the paper/card copy?

 

I'm also a bit confused,

 

did you use your wife's travelcard from Croydon to Victoria,

 

and then your own from Victoria to whatever London station you got off at,

 

then on the return journey you used your wife's travelcard from St Pancreas Int'l back to Croydon?

 

What did it say on the ticket you got,

 

the reason you were fined?

[dx100uk]

he was not fined...........

 

dx

[worried_suman]

Hi,

 

Thanks for looking into this. Glad to have few replies.

 

Yes, my wife had paper travelcard (overground only) which required photocard along with it. She keeps both cards in her purse however, left paper travelcard in Ipad cover unintentionally. So I never had photocard. No, my wife is not a student.

 

Since my wife travelcard was overground only, I used it to travel from Croydon to Victoria and then used my oyster for underground. I usually use my oyster all the way. On return journey, I decided to come via St Pancreas international which is where I was caught.

 

I was not fined. He took my details and told me a letter would come.

 

 

When you say you used your wife's travelcard, was it a paper/card one or Oyster?

 

Also, is your wife a student or something that would require her picture on the Oystercard or to be shown alongside the paper/card copy?

 

I'm also a bit confused,

 

did you use your wife's travelcard from Croydon to Victoria,

 

and then your own from Victoria to whatever London station you got off at,

 

then on the return journey you used your wife's travelcard from St Pancreas Int'l back to Croydon?

 

What did it say on the ticket you got,

 

the reason you were fined?

[worried_suman]

I cant see you having to many issues

 

await the letter.

 

an honest mistake does not often have a negative outcome

 

dx

 

thanks for encouraging reply. Hope FCC hear me out as you did.

 

Regards

S

[sailor sam]

This is what their take will be;

 

So you didn't understand that your wife's travel card (overground only) is not transferable but you understood it not to be valid on the underground? Therefore to avoid your oyster being debited for the overground parts of your journey, you made an educated decision to use the travel card for that part of your journey.

 

Sorry to be blunt, but I think you will have to better than this. Also it's worth mentioning that ignorance of the rules is not normally taken as a defence. The terms & conditions will be stated on the back of the travel card.

[worried_suman]

Thanks Sam for looking into this.

 

Yes, my wife normally use overground train to reach office (Farringdon) and I had seen her using her oyster once in month whenever she took underground - thats how I knew her ticket can be used only for overground.

 

While I didnt know it is not transferable, I thought of saving some money if I have a ticket which is valid and can be used (only per my understanding). Now having said that I intended to save my money, I never had any intention to cheat FCC or of misuse. (otherwise I wouldnt walk to inspector at barricades and show them to enter)

 

I fully agree with you that Ignorance cant be taken as defence and I should have taken extra care to get it validated before traveling. If I am asked, I most probably plead guilty but with some sympathy. I am hoping FCC dont put a scar on my criminal record for such a stupid mistake.

 

I never bought a travelcard and no one explained me TOC. In few mins, I was careless for not reading every word on the travelcard since I somehow assumed I will be stopped if I am not allowed using the card in which case I will just use my oyster.

 

Regards

S

 

This is what their take will be;

 

So you didn't understand that your wife's travel card (overground only) is not transferable but you understood it not to be valid on the underground? Therefore to avoid your oyster being debited for the overground parts of your journey, you made an educated decision to use the travel card for that part of your journey.

 

Sorry to be blunt, but I think you will have to better than this. Also it's worth mentioning that ignorance of the rules is not normally taken as a defence. The terms & conditions will be stated on the back of the travel card.

[Old-CodJA]

As Sam has correctly pointed out, ignorance of the rule is not a defence and a prosecution would be very likely to succeed.

 

The best thing that I can suggest is that you wait for the letter from the company, write in reply with an explanation as you have done here, apologise and ask if they will accept your offer to pay all of the reasonable costs that have been incurred by the company in dealing with this in order to avoid more serious action.

 

There is no point in doing this until you receive their letter because until then you will not have the correct reference code allocated to your case.

[worried_suman]

Thanks Old-CodJA. I will do so. will wait for letter and post here. Hope to hear your advice then again.

 

Regards

S

 

As Sam has correctly pointed out, ignorance of the rule is not a defence and a prosecution would be very likely to succeed.

 

The best thing that I can suggest is that you wait for the letter from the company, write in reply with an explanation as you have done here, apologise and ask if they will accept your offer to pay all of the reasonable costs that have been incurred by the company in dealing with this in order to avoid more serious action.

 

There is no point in doing this until you receive their letter because until then you will not have the correct reference code allocated to your case.

[worried_suman]

Hello friends -

 

I got the letter "Notice of Intention to prosecute" last Thursday but since I was traveling, couldn`t update this post.

 

I am actually surprised to get letter so early since I read other posts and people got letters in 4-6 weeks and given it is summer when people go on vacation,

I was expecting some delay but anyways, letter is here.

 

Here is an abstract from the letter

 

"This letter is to inform you of our intention to take this case to the Magistrates Court and the enclosed form provides you with the opportunity to tell us what happened

from your point of view. Information should be factual and honest"

 

"Details of offence - On the date, you were stopped and questioned in regard to the following alleged offence"

a. Receiving a ticket with intent

b. entering a train for the purpose of travelling without a ticket entitling travel "

 

Thanks again for your responses earlier and hope to hear from you again.

 

Regards

S

[dx100uk]

as post 9

 

dx

[Old-CodJA]

Just as dx100uk has pointed out, I repeat my earlier suggestion that;

 

The best thing that I can suggest is that you wait for the letter from the company, write in reply with an explanation as you have done here, apologise and ask if they will accept your offer to pay all of the reasonable costs that have been incurred by the company in dealing with this in order to avoid more serious action.

 

There is no guarantee that it will work, the rail company are not obliged to allow an out of Court settlement, but you lose nothing by trying and have everything to gain.

 

If you do not wish to do that I strongly suggest that you pay a visit to a solicitor, but bear in mind this will add to your costs.

[worried_suman]

Just as dx100uk has pointed out, I repeat my earlier suggestion that;

 

The best thing that I can suggest is that you wait for the letter from the company, write in reply with an explanation as you have done here, apologise and ask if they will accept your offer to pay all of the reasonable costs that have been incurred by the company in dealing with this in order to avoid more serious action.

 

There is no guarantee that it will work, the rail company are not obliged to allow an out of Court settlement, but you lose nothing by trying and have everything to gain.

 

If you do not wish to do that I strongly suggest that you pay a visit to a solicitor, but bear in mind this will add to your costs.

 

Thanks again for help. I will write the letter. I would prefer to do out of court settlement.

 

Is there anything to be cautious while writing this letter? For e.g. remember to offer not only penalty value but also cost they might have incurred to process this case etc.

 

Would anyone be kind enough to accept to review my letter before I send it out?

 

Regards

S

[honeybee13]

Hello there.

 

By all means post up your letter, just leave off your personal info.

 

HB

[Old-CodJA]

Yes, just as HB has said, make sure that when you post your intended letter on here you do not leave in anything from which either you or the rail staff can be identified.

 

Stick to the facts in relation to what happened, express sincere remorse and offer an apology to the company and staff concerned. Ask if you can be allowed to pay the full fare/s outstanding plus all of the reasonable costs incurred by the rail company and give an undertaking not to travel without a valid ticket in future.

 

They do not have to agree, but you lose nothing by trying again.

[worried_suman]

To,

_______

_________

 

Dear Sir/Madam,

 

First of all – thanks for providing me an opportunity to explain my situation for your consideration.

 

I live in East Croydon and mostly work from home with occasional travels to London using my "pay-as-you-go" oyster. My wife works from her office in London hence, she has monthly travel card.

 

On the evening of 4th July, I was due to go to London to meet few friends over drinks but promised to see my wife close to East Croydon station before I go out for a late night. I met her, thought I could use ipad during my journey so borrowed her ipad, without myself and her realizing that her travel card is in the ipad cover. (She was using iIpad in the train and since it was busy station, had slided her travel card into ipad cover after passing barricades).

 

After she left, I opened ipad to check battery level and noticed her travel card. Now I have been in London only for a year and never bought or used monthly travel cards (since I work from home and always use my pay-as-you-go oyster whenever I go out to London for meetings)

 

While this might sounds cliché, I honestly did not know that travel cards are non-transferable (I never bought or used them in past one year since I started living in London). Without knowing that it is not transferable, I thought of validating it so showed it to the ticket inspector at East Croydon barricades. He took a glance and allowed me which further reassured my assumption that I can use it. (It was very busy time and now I realise that he might not have had checked thoroughly)

 

For the return journey, I decided to board train from St Pancras and being assured of travel card validity, showed the travel card to the inspector at St Pancras station which is when I was stopped for using an invalid ticket.

 

I understand that ignorance can`t be an excuse for such an irresponsible act and in no way, I intend to endorse my mistake. I now realise that I should have explained the situation at ticket counter to validate the ticket however, in the hurry to meet my friends, I acted irresponsibly and made a stupid mistake. Having said that, I do wish to inform that I had no intention of cheating or traveling without a valid ticket.

 

I am regretful of my mistake and feel exceptionally guilty of my act. I promise to be extra vigilant ensuring the validity of ticket/s and take full undertaking that I will never travel without an invalid ticket in future.

 

I am also aware that my act has caused inconvenience to and its staff to whom I wish to offer sincere apologies.

 

I am a law abiding citizen with no criminal records, no speeding ticket or any penalty. Due to business reasons, I travel frequently and apply visas – and am really concerned that this stupid mistake might leave a scar for rest of my life. I hope would provide some empathy to my case and I would be very grateful if I could be allowed to pay the full fare/s outstanding plus all the reasonable costs incurred by in handling this case.

 

Regards

S___

[honeybee13]

That reads pretty well to me, Suman. I hope OC might see it later and add some comments.

 

When do you need to send it please?

 

HB

[worried_suman]

That reads pretty well to me, Suman. I hope OC might see it later and add some comments.

 

When do you need to send it please?

 

HB

 

Thanks mate, I hope to do it today.

 

Cheers

S

[honeybee13]

Mate? I'm a lady.

[Old-CodJA]

So far as the letter is concerned it is your explanation and that is fine.

[Grotesque]

Mate? I'm a lady.

 

 

"lol"!!!