Son picked up girlfriends discounted oyster by mistake

[chele72]

My 19 year old son and his girlfriend accidently picked up eachothers oyster cards the other morning.

 

My son was checked by the bus inspector on his way to work and was shocked that he actually had his girlfriends discounted college oyster instead of his own.

 

 

The bus inspector obviously confiscated the oyster, took his and his girlfriends name and address and issued him with a one day travel card so he could still get to work and back.

 

My sons girlfriend got in touch with TFL to explain the situation again

and that it was a genuine mistake on their parts as they have the same wallet with their oysters in

 

 

yesterday my son received a letter in the post asking for proof of his travel (His oyster card number) but if he has a pay as you go, this wouldnt count!

 

He has a pay as you go oyster and has never registered it online so this will be of no use and to be honest, I dont see the relevance!

 

He was up all night worrying that he will be prosecuted through a silly mistake and has tried to call TFL on countless occasions

today during his breaks and lunchtime but to no avail as there is no answer from .......

 

He did speak to someone on a different number but they said his case number is not down for a penalty fine just a prosecution!

 

He works in banking and is extremely worried that he will end up with a criminal record and ruin his future.

 

 

He did email the investigator/prosecutor yesterday explaining the mistake

and that he is more than willing to pay a penalty fine but has heard nothing back as of yet.

 

Can anyone offer any advice please?

Edited February 27, 2015 by honeybee13
Paras.

[honeybee13]

Hello and welcome to CAG.

 

I've moved your thread to the transport forum, where we deal with queries like this. The forum guys should be along over the course of the day.

 

My best, HB

[chele72]

Thank you HB. Im new to this site so had no idea where to put it

[honeybee13]

He has a pay as you go oyster and has never registered it online so this will be of no use and to be honest, I dont see the relevance!

 

I wonder if they asked this as a discounted card normally has a special wallet, as I understand it. What type of card does the GF have please, a student one?

 

We would usually suggest waiting for a letter from TfL, although I can see why your son is worried and trying to deal with this early. Often if people ring up, the papers can't be found because a case reference number hasn't been created. Once the letter arrives, you'll know what rule they think your son has broken and we can help you both to draft a reply. He will have to send this himself though.

 

HB

[chele72]

Hi again Honeybee13,

 

He received a letter yesterday just asking for travel tickets for his oyster which you dont get anyway!

 

 

The letter does not state anything about a fine or prosecution but He was given a case ref today but the telephone number

that we have both been trying to call just goes straight to voicemail.

 

The person he spoke with today said that it is going to prosecution!

He is willing to pay a fine or penalty whatever but he cant get through to anyone.

 

 

He is really worried and so am I! He cant call anymore today as he is working.

I am working too but on reception so its a lot easier for me to contact them.

 

Any advice would be much appreciated, Hes not usually a fare evader. It was a genuine mistake.

 

It was a student 16+ Zip oyster but they both have the same wallets from IKEA so you can see the error in picking the wrong ones up.

Edited February 27, 2015 by honeybee13
Paras.

[honeybee13]

Hello again.

 

I've edited some paragraphs into your posts to make them easier to read for the advisers here.

 

It's hard to know what to suggest he should do before TfL have written to say what they plan to do. Does he still have the pay as you go Oyster from the day this happened? Although they say it doesn't count, it would prove good faith.

 

The identical wallets thing is tricky, because we hear it all the time and I imagine the train companies do. I would suggest that one of them uses a different wallet, also that he registers his Oyster card online. I know it's too late this time, but at least it would avoid future problems.

 

I hope some of our forum members from the transport industry will be along later.

 

HB

[chele72]

He will register his card online tonight and has changed the wallet that its in so that will help them in the future to identify their own oysters.He still has his own oyster (his girlfriend had his on that day while he had hers) Hers was confiscated and not returned as it ran out 2 days after it was taken anyway as she turned 18.I dont understand why they would ask for a paper ticket for his oyster but not a pay as you go oyster...I thought they were all pay as you go. I know mine is!

[Old-CodJA]

Unfortunately there is little that your son can do except write in response to the letter that he has received.

 

He will need to give a full and truthful response, explaining exactly what happened, bearing in mind whatever he told the inspector when he was questioned will already be in the report with TfL. He should explain how the mistake came to be made and can provide the number from his own Oyster to support his response. That is on the back of the card and should be given in full.

 

If there was insufficient credit on his PAYG card at that time to cover the journey that he intended to make, this will not look good, but otherwise can help evidence his explanation.

 

Your son should do this himself. As he is over 18, unless you are a qualified lawyer and formally representing your son, the prosecutor's office should not respond to, nor discuss specifics with you.

[honeybee13]

Thank you for adding your views, OC.

 

Edit: chele, Old-CodJA is one of our resident experts, he gives good advice.

 

HB

Edited February 27, 2015 by honeybee13

[Old-CodJA]

No problem HB, hope it helps

 

 

To the OP, the thing I would have to add is that from TfL viewpoint, if he knew that he had got his girlfriend's Oyster and not his own, your son should not have used it, but should have bought a ticket.

 

It was OK for his girlfriend to use his unregistered PAYG Oyster because these can be shared

[chele72]

Thanks for your advice. This is what my son is planning to do anyway.

He did explain to the inspector that he had picked up the wrong card as he didn't even know himself until IT was scanned.

Hopefully someone at TFL will understand this was not intentional and a one off mistake and just accept a penalty fine.

He is worrying himself sick over this as he does not want a criminal record for such a silly error.

[Conniff]

 

The person he spoke with today said that it is going to prosecution!

 

 

So another accidental slip is being turned into a major criminal action.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?440749-Passenger-Focus-quot-Dont-treat-us-like-criminals-quot-(1-Viewing)-nbsp

[lenny100]

Is it just me or is their a problem with these cards. We have at least one case per week of using somebodys else card by mistake , dont you think haveing a photo of the user printed on the card would stop the problems before they started?

[chele72]

It would solve the problem by having a photo on the oyster card but they both had their card in identical holders. That's where the mistake was made. He picked hers up instead of his own without checking.

[king12345]

If it's not passed too much time you could get your son's oyster printout showing that it was used the same morning by his girlfriend.

So, while your son got a free bus ride, his girlfriend paid full price.

No loss to TfL really, but unfortunately the oyster was not registered at the time of the offence and could belong to anyone.

At TfL they can check the oyster history going back a couple of months, so if they want they could check that your son is usually a full paying customer.

As said by other caggers this "excuse" is widespread and it's very difficult for tfl to identify the very few real cases.

Gain same evidence as described and send it to TfL, maybe a good prosecutor will look at the case and realise that it's a genuine mistake.