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TFL Trouble!! ****Settled Out Of Court****


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Hello Guys

 

I have been reading around the forums and it has been really helpful. My situation is, I was caught using my friends discounted 18+ oyster card last month and I got a letter asking my version of the story. I have been using it for a month with his permission (I know it was very stupid of me) and I am going to own up for my mistake. As soon as I got caught and told my friend about it, he immediately reported the card was stolen and got a new one within a week with the discount still active. I am really worried now if I will get into more trouble because of this.

 

I would appreciate any advice on how to deal with this matter.

 

regards

Edited by honeybee13
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Hello and welcome to CAG.

 

Have you replied to the letter? If not, can you tell us what the letter says [minus personal details]? Also, what did you say to the person who caught you when you were stopped please?

 

My best, HB

Illegitimi non carborundum

 

 

 

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Hello there

 

The letter just stated 'An incident occurred at bank station on 5th nov....tfl may prosecute'. And also asked me to confirm my address by signing below and writing my version at the back of the letter. I didn't tell the person that stopped me that i was using the card for a month, just told him that was the only instance. And I did tell him that my friend knew about it, which is true. He asked me sign his book at the end and cautioned me and let me go.

 

thanks

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Hello Guys

 

I have been reading around the forums and it has been really helpful. My situation is, I was caught using my friends discounted 18+ oyster card last month and I got a letter asking my version of the story. I have been using it for a month with his permission (I know it was very stupid of me) and I am going to own up for my mistake. As soon as I got caught and told my friend about it, he immediately reported the card was stolen and got a new one within a week with the discount still active. I am really worried now if I will get into more trouble because of this.

 

I would appreciate any advice on how to deal with this matter.

 

regards

 

Thank you for the extra information, I expect the guys will be along later.

 

I can see a couple of potential problems that you will need to think about. TfL can check Oyster card usage for up to 2 months so they may know that you used the card for a month for the same journey.

 

Also, you said that your friend knew you had borrowed the card but then reported it stolen.

 

Hopefully we'll be able to help you work out what to say.

 

HB

Edited by honeybee13
Clarity.

Illegitimi non carborundum

 

 

 

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Hi seekinghelp101

 

Just to summarize, you borrowed someone elses travel card with their knowledge. You got stopped, you said 'you used it once', but actually used it 'multiple times'. The person who allowed you to use their card reported it stolen. TLF replaced it for him. They will think you stole the travel card. The fact that it was reported stolen after you were stopped is very suspicious indeed.

 

When you write back what are you going to tell them?

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Hello Rebel11

 

I will apologise that is for sure. But they haven't said I have lied or did they mention the card was reported stolen. My friend knew i was using his card. So i defo didn't lie to tfl on that, Just on the number times I used. I am still thinking whether to apologise generally or come clean with the number times i have used the card. I know settling out of court is of the scale for me. I just don't want to be in jail for this matter.

 

regards

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You won't go to jail if this is the first time you've done this.

 

I hope a couple of the experts might see your thread and comment. I know Old-CodJA usually says that you shouldn't tell them anything they don't know already.

 

HB

Illegitimi non carborundum

 

 

 

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Hi seekinghelp101

 

You can consider writing to the company as you have the reference number. In your letter quote the Ref Number on the letter. An example of a letter can be found in post no.18 in the link below. Amend it accordingly so you quote the correct railway regulation in the letter and that applies to your case. Don't copy the letter.link3.gifYour letter needs to have more substance and be personalized to your particular case. Convey that you regret your actions and are apologetic. Also send photocopies of your previous season ticket purchases as proof that you pay and abide by railway regulations, this is very important. Also any other mitigating cirumstances, i.e. work/career. Send it Recorded Delivery.

 

http://www.consumeractiongroup.c o.uk...ly-travel-card

 

The guys will be along shortly to provide further advise.

 

 

Hello Rebel11

 

I will apologise that is for sure. But they haven't said I have lied or did they mention the card was reported stolen. My friend knew i was using his card. So i defo didn't lie to tfl on that, Just on the number times I used. I am still thinking whether to apologise generally or come clean with the number times i have used the card. I know settling out of court is of the scale for me. I just don't want to be in jail for this matter.

 

regards

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Hello HB and rebel11

 

Thank you for the replies and I will model my letter accordingly. My only mitigation is that I am a final year student and a criminal record could affect my career prospects. So is it best to just apologise generally and don't tell them the amount of times I have used??

 

regards

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I will model my letter accordingly. My only mitigation is that I am a final year student and a criminal record could affect my career prospects. So is it best to just apologise generally and don't tell them the amount of times I have used??

 

Yes, you've had some very good advice so far so make sure that your letter is suitably contrite. Do not waffle and do not refer to irrelevant matters. Make sure that you include an apology for your action and sometimes it's a good idea to apologise to the company and staff involved for your action.

 

Explain that this was an immature act and that conviction and a subsequent criminal record will have a seriously harmful effect for your career prospects.

 

Ask if the company will allow you to resolve this by making payment of the fare avoided and all of the costs that have reasonably been incurred by the company in dealing with your actions.

 

Don't refer to any other journeys unless TfL refer to them. If they believe that you have been using it for longer than the day on which you were caught they will have to produce evidence to support that allegation.

 

There is no guarantee that they will agree, but you certainly lose nothing by trying

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Hello OLD-Codja

 

Thanks for your reply. I will write a sincere apology and do a recorded delivery. But i have one more question. Would i get into trouble because of my friends action of reporting the card as being stolen. And the terrifying scenario will be that if he maintains that lie just to keep his discount and tell the authorities that i lied to them!

 

regards

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Hello OLD-Codja

Thanks for your reply. I will write a sincere apology and do a recorded delivery. But i have one more question. Would i get into trouble because of my friends action of reporting the card as being stolen. And the terrifying scenario will be that if he maintains that lie just to keep his discount and tell the authorities that i lied to them! regards

 

 

I am afraid that my answer to this question is to firstly ask you how much you value that friendship?

 

If it is all as you say and you allow the rightful holder to maintain the illusion that you 'stole' his card, you may find that this becomes somewhat more serious. They could ask questions about the previous journey usage that may be identified. The fact is that you are left 'carrying the can' as it were for a joint deception.

 

On the other hand, if you make a statement that you were given the card to use by the rightful holder, it will not take a rocket-scientist to work out that he has been untruthful and has obtained a replacement card by deception. He can also be prosecuted for transferring the card to you with the intention that you avoid paying the correct fare.

 

The reality is that if the TfL prosecutor becomes aware of the information as you have posted here then it is very likely that you may both face prosecution.

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Hello OLD-CODJA

 

Thanks for the reply. I did speak to my friend regarding this issue and he told me he will maintain his view of it being stolen. I am quite afraid and disappointed with it now. can they track it down and find out about the stolen card report??

 

regards

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Hello OLD-CODJA

Thanks for the reply. I did speak to my friend regarding this issue and he told me he will maintain his view of it being stolen. I am quite afraid and disappointed with it now. can they track it down and find out about the stolen card report?? regards

 

 

 

It is not impossible that someone might tie the two together, but as the report of fare evasion and the claim for replacement of a 'stolen' card will have been dealt with in separate departments it's not guaranteed.

 

For yourself, the best thing that you can do is to be entirely truthful and apologetic.

 

I'm not saying that you must, but it might be worth considering whether or not by reporting exactly what has happened in your letter and including the card number, may help the prosecution manager to look on your request for an out of Court settlement more sympathetically?

 

As I said earlier, that is for your judgement and has to consider how much you value that 'friendship'.

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I'm seeing lies being piled upon lies here. It is already spiralling out of control and I think that it is about time that you stop digging.

 

All the advice that you are receiving here about being honest and being contrite is absolutely correct. However, if you continue to hide even some of the truth, then if it gets out then no one will truly believe your contrition.

 

I think that I would go the last mile on here and speak to your friend. I think that you are both in danger of getting into some trouble which is more serious than it needs to be.

 

Your friend needs to be aware that not only has he unlawfully lent you his card, but he has now told a lie about the theft of it which amounts to perverting the course of justice. Potentially this is even more serious than the illegal lending and the legal use of the card.

 

I would have a very frank discussion with your friend and I would get him to agree that with you you would both own up to what has really happened and both of you should express sincere regret and contrition.

 

If you do this, and you make this voluntary confession, this will be the best way to persuade people that you really do appreciate how badly you got it wrong. It will reduce the impact of what you have done and the authorities are far more likely to take a reasonable view of the both of you.

 

If your friend continues to insist that the card was stolen, then he might get away with it – but if he doesn't then I think that the consequences could be quite serious.

 

As you already seem to be appreciating, if you are going to be implicated in the possible theft of the card – then the consequences for you will also be much more serious.

 

I think this is the time to bring all of this intrigue to an end and the both of you to grow up and to start behaving a bit responsibly for your own sakes.

 

If you decide to to continue with what you have been discussing on this forum then if you get away with it, I'm sure you will have learned a lesson. But if you don't get away with it then you will probably wish very heartily that you had employed a different approach – but by that time it will be too late

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Hello Guys,

 

Thanks for the replies. I have posted the letter and I did speak to a solicitor about my case. He asked me to not tell them the things they did not know and asked me to apologise for the one time use. Well, regarding my friend, it has gone worse now. He doesn't seem to respond to my calls or texts!! I am hoping for the best and i will get back to you as soon as I get any new news!!

 

regards

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I guess you find out who your friends truly are when the 'chips are down' don't you?

 

If your journey for 1 month was all the same route and his journeys previously to this and after it's replacement was markedly different, I have no doubt he is already under suspicion anyway.

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When you report the card stolen, TfL will tick the box 'lost/stolen' in their system.

It's unlikely that whoever took the call inserted a note saying that the pass was stolen.

They don't care; they just issue a replacement.

So your friend, if ever asked (unlikely), could easily get away by saying that he misplaced his pass and only realised a month later because he didn't need to use it.

Anyway, your friend is not been called in for an interview, so he's not under investigation.

You could always grass him up if you wish, but that could only complicate matters and get both of you prosecuted (note the word 'could').

Unfortunately your only option is to beg for forgiveness and ask to settle out of court.

I can't see any good line of defence given that you knowingly used the pass for a month.

Good luck!

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Hello Guys

 

Thanks for your replies. I have begged to be given an out of court settlement. But i still cant believe they will prosecute me for this simple matter. In my Opinion a fine would suffice. But lets see what happens now.

 

thanks

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