caught with fake photo card - letter from Tfl...please HELP me

[Claudia16]

Hi there,

I'm new on this forum and I don't know exactly how it works.

I did a bad mistake too.

I was caught with apparently fake photo card issued by job center with 50% discount. I've purchase it from a guy in Canning Town tube station saying it's valid and it did work.Thinking I can save some money and it's legal was very happy ,but after 3 weeks using it an Inspector caught me saying is a fake one..

The only problem is I've done a similar mistake about 3 years ago...this means i'm a recidivist ?

Can you please help me out with advise what to do and how to reply to the letter i received from tfl?

Thank you!

[AndyOrch]

Hi Claudia and Welcome to CAG

 

I have moved your thread to the appropriate forum.

 

Regards

 

Andy

[dx100uk]

await the letter from TfL

 

see what they say.

 

tell us about the last time

and ultimately what happened please?

[BazzaS]

Hi there,

I'm new on this forum and I don't know exactly how it works.

I did a bad mistake too.

I was caught with apparently fake photo card issued by job center with 50% discount. I've purchase it from a guy in Canning Town tube station saying it's valid and it did work.Thinking I can save some money and it's legal was very happy ,but after 3 weeks using it an Inspector caught me saying is a fake one..

The only problem is I've done a similar mistake about 3 years ago...this means i'm a recidivist ?

Can you please help me out with advise what to do and how to reply to the letter i received from tfl?

Thank you!

 

I suspect they will prosecute.

You can't reliably write saying "it was a one off, out of character error", as you were caught previously too.

 

There may be some mileage in offering to help them catch the 'bigger fish', the person selling the fake cards.

 

Were you fined 3 years ago? What offence was it last time?. If a court found you guilty of a S5 RRA 1889 offence last time, then this time you can go to prison, which you can't for a first offence.

[Stigy]

Hi there,

I'm new on this forum and I don't know exactly how it works.

I did a bad mistake too.

I was caught with apparently fake photo card issued by job center with 50% discount. I've purchase it from a guy in Canning Town tube station saying it's valid and it did work.Thinking I can save some money and it's legal was very happy ,but after 3 weeks using it an Inspector caught me saying is a fake one..

The only problem is I've done a similar mistake about 3 years ago...this means i'm a recidivist ?

Can you please help me out with advise what to do and how to reply to the letter i received from tfl?

Thank you!

So it's basically not a mistake at all, and you DID actually know it was illegal?

 

How somebody can buy a ticket or the like from a bloke at a station not employed by a train company and can think it's legal baffles me.

 

Anyway, what's done is done I guess. As has been said they'll likely prosecute for this offence. It'll more than likely be under s5(3)a of the Regulation of Railways Act 1889 which, as Bazza has said, does potentially mean a custodial sentence for a subsequent offence. However, It's extremely unlikely you'll go to prison. You'll likely receive a large fine and criminal record though.

[king12345]

Maybe a carefully written letter of apology soaked in tears might get you an out of court settlement.

It doesn't cost anything trying, even if very unlikely.

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?435445-Accepted-unknown-Fake-paper-railcard-from-stranger-got-caught!!-**SETTLED-OUT-OF-COURT**

[BazzaS]

http://www.consumeractiongroup.co.uk/forum/showthread.php?435445-Accepted-unknown-Fake-paper-railcard-from-stranger-got-caught!!-**SETTLED-OUT-OF-COURT**

 

That poster:

a) had an uphill struggle to persuade TfL to not take them to court (but did manage it in the end)

b) had been given (rather than bought) a fake ticket, and accepted it thinking it was a real ticket. They thought it was a gift of a real ticket.

c) hadn't had a previous offence.

 

While the OP here should still try for an administrative settlement the differences at A), B) and C) make one unlikely.

Don't forget to offer any and all help you can for them to go after the forger / seller!.

[dx100uk]

ofcourse

but was an example.

[Old-CodJA]

I think that the thread dx100uk has highlighted is a very good example of the arguments that can be explored again in this case

 

The only real difference is that by own admission, the OP in this case is a recidivist offender with a record of a similar offence.

 

In my view, that fact will have a profound effect on the prosecutor's thinking.

[Claudia16]

Thank you!

[Claudia16]

Hi thank you for your reply

First time I bought it from a guy in Canning Town tube station saying he needs money straight away and would sell his travel card half price...I thought it's good to save some money that week and then I found out it's fake...the good news was they did't fine me they just warned me and if within next 12 months i will be caught again they will fine me with £1000.

This time I purchase it(£60 to cover printing and register costs ) from a guy in Stratford station saying he works for Job Centre...he showed me an Id with the Job centre logo and i thought it's real..he took some details from me(address ,DOB ,email address,contact no...everything) then I filled a form to apply the discount and gave me the card saying it's active and to put a passport photo on it.Next day I went to Canning Station to apply the discount on my oyster and a member of staff did it for me and worked.So I thought all it's legal but the inspector said it's fake..she was a very rude inspector,did't explain anything,she embarrassed me in public and she was making fun of me on the phone with one of her colleagues.

I don't know what to do?

I received the letter to explain what happen...I don't know what to write...i'm so scared...i don't want to end up in prison and treated like a criminal...please help me ...

[king12345]

Ok, that's the key point of this.

Either the council do have staff at Stratford station (unlikely) or you've been conned.

Can you explain with more details how you met this guy?

Did he approach you out of the blue?

Was he standing at the barrier with his id hanged on his neck?

If this happened less than a week ago you could sar TfL for the CCTV footage and corroborate your story.

You are still responsible for having the correct ticket, but if you've been conned they might be more lenient and let you settle out of court.

Also you might be lucky and they miss your 3 year old offence, especially because it didn't end up in court.

[Claudia16]

Thank you very much for your prompt reply I really appreciate it because i'm very stressed about this situation,

It happened 3 weeks ago so do you think they can still find the footage?

 

Yes the guy approached me on the way to my bus stop having an ID hanged around his neck with a Job Center logo

and I thought is legal.

..because next day a tfl member of staff applied the discount and also checked carefully the photo card .

So what shall I do?

Thank you king 12345

 

I'm planning to write them the below,do you think is ok?

To whom it may concern,

 

I am writing regarding an allegation that has been made against me regarding my discounted Tfl oyster card.

I was travelling on Monday 18th April on a tfl bus towards Canning Town when I was stopped by a tfl ticket inspector.

I presented my oyster card plus the oyster photo card ID, as demanded by the inspector.

 

I was then informed that my discount was not valid and it does not count.

She looked at the ID photo card and said that it was fake straight away.

 

 

I am completely appalled by this and shocked by the accusation that had been made.

I provided and I was then asked for my details, so I compliantly handed them over.

I am very surprised to be told that my photo card is fake.

 

I have paid good money for this and it was processed by Stratford Jobcentre by a staff member who had obtained all my details.

I paid an amount to receive the discount, this was £60.

 

 

I filled in a form, even providing personal details such as my income, name and address, phone number and DOB.

I filled in a form that had a 'Jobcentre' logo on it and was informed that they will be processed by the jobcentre

where my details will be processed.

I felt that what I was doing by applying for the discount was all legal and by tfl's terms and conditions.

 

 

I am very upset that I have been charged for a photocard discount card and I've only used it for a few weeks or so.

I can not believe that irregardless of having a low income and paying an amount, I have been treated so poorly.

 

 

It was rather embarrassing being informed I had a fake card, in public, in front of other people.

I am a decent and honest woman and felt ashamed while the inspector claimed by card was fake,

whilst members of the public witnessed this.

 

 

I felt so confident that my card was normal/typical and to be told otherwise is still a shock to me.

The inspector took a quick glance at the photocard and immediately came to the conclusion that it was fake.

This also makes me wonder if she has had previous experience with fake cards,

as her decision was made very quickly with a lot of confidence.

 

It does not make sense how I managed to go to a tfl member of staff at Canning Town station

and have the discount applied to my oyster card.

 

 

If my photo card is fake, how comes a legitimate member of tfl staff was able to apply the discount

and not detect a fraudulent card? I am very perplexed at this situation

and would like Tfl to an open an investigation and look into this matter further.

 

 

If the inspector has seen similar situations before, why aren't tfl looking into this matter?

It is completely unfair to have a letter sent threatening to take the matter into legal hands.

 

 

I am a law abiding citizen and have never been in a similar situation before.

I always pay for my travel and appreciated the discount being applied as my wages are simply not high enough.

 

 

If somebody is in a situation as such, it is rather unfair to take me to court without investigating the matter further.

I am extremely disappointed with Tfl's lack of empathy and participation regarding this.

I do not expect to be treated like a criminal when I always follow the rules and regulations that Tfl set.

[BazzaS]

Blaming them for your error : A very good way to ensure they prosecute.

 

" I am a law abiding citizen and have never been in a similar situation before." : except for the previous time you used a fake travelcard?

[Claudia16]

You are right BazzaS

But first time I didn't know either ...am I so naive....or a magnet for scams...

So how shall I put it down on paper?

Thank you for your help...

[king12345]

Start by saying: I am writing regarding the incident on (date) on bus route xxxx.

Be factual without blaming TfL for this or complaining about the inspector.

Explain that you purchased the card at a bus stop where a member of jobcentre was approaching people and if on low income, offering them to buy the card.

Highlight the fact that he had an id card from jobcentre and the form you filled had jobcentre logo and contact details.

Explain that you are a victim of a fraud and provide them with a police reference number.

You need to report this to the police and obtain the ref number.

Offer to pay the shortfall of the incorrectly charged fares.

By reporting this to the police you will probably get a better chance of an out of court settlement.

Do not give opinions and don't be emotional.

Saying that you are a law abiding citizen doesn't mean anything if they then find out about your previous offence.

Amend the letter and come back.

[dx100uk]

and keep it short

do not waffle

just a few paragraphs that's all.

 

 

dx

[Claudia16]

Thank you very much for your help..

I will get back with news..