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Caught using a nominee pass at Z1/2 border station

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Hi everyone,

 

I've been reading a few threads on here about trying to minimise/avoid court proceedings for my case... I didn't know the severity of what I've done until it was too late unfortunately.

 

Some background on the case, I was caught a few days ago using a nominee's pass at Z1/2 border station. When the revenue inspector approached and asked to see my ticket, I naturally panicked and presented another oyster card with little value (mistake) on it as I recently used majority of the value over the weekend and didn't top up. He then asked to see the photocard which at that point I showed him

 

He asked 'who does it belong to?", it was my partner's and asked "does she know you're using it?' which I replied 'No, I took it without her permission".

 

He then asked a few more questions like what is my occupation and it lasted for about 30 minutes which at that point he didn't say I would be fined but a person from TFL will contact you. He read me the rights that I don't have to be here but anything I say or don't say may be used later in court. At that point I was panicking so I asked him if there was another way to settle this with him on the spot.

 

The truth is that I have used it quite frequently but I have also used my standard blue oyster card on the odd day but not as the nominee pass. I have previously purchased annual travelcards on my card but since it expired I took the card to use instead.

 

I have been issued a standard penalty fine before for not having a valid oyster card but that was settled immediately but I haven't had any court proceedings or records before, so like majority of people here I am a bit nervous about the situation.

 

I really just want advice and ask, do you think I should openly admit that I have used it on more than one occasion and be totally transparent and apologise?

 

Obviously I don't want to lie to them and say it wasn't my only time using it as it's clear they'll get the historical data if they really wanted to. I'm currently drafting the first paragraph to apologise but want to know if being transparent will only dig the hole deeper.

 

Many thanks

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Why do you believe you should admit to anything?

 

You don't ever admit to anything, let them provide the proof that you have committed an offence, then you can either deny it or admit it then.

 

Admitting previous indescretions isn;t going to help you, ok it might alleviate some of your current anxiety, but it will pass with time.

 

Wait till you hear off TfL, then deal with it, however as thios isn't your first time do you think it's somethiong you might need to talk to your GP about?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Yep

Await their letter


please don't hit Quote...just type we know what we said earlier..

 

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Hi,

 

The officer actually didn't ask much, like how many times have I used it etc.

 

He did ask why I had it, with my response "I had planned to go into Z1" which in truth I had done in the past when having my own travel card. But for the past few weeks I hadn't renewed it and I took it to use more frequently for the whole commute.

 

I think that's all he put in his notes and seems a bit bare when the case officer comes to review and doesn't allow much elaboration in my response.

 

I have actually received the letter from them today..

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Can you tell us what the letter says please?

 

HB


Illegitimi non carborundum

 

 

 

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Sure,

 

 

Dear Sir,

 

On Tuesday 5th Feb 2019 you were reported to TFL for failing to produce a valid ticket, pass or photocard for your journey on the London Underground. The facts of this incident are being considered and I must advise you that legal proceedings may be taken against you in accordance with TFL's prosecution policy.

 

I have 10 days to respond and the terms follows with some information.

 

On the back it has space for me to 1. deny committing the offence or 2. accept the offence and provide exceptional reasons why TFL should not proceed with prosecution.

 

No one realises the true extent of the consequences when it's too late...

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What fraud?

And you continued to do it for your own selfish gain...again and again.

 

Who paid for the pass?

What is a nominee pass?


please don't hit Quote...just type we know what we said earlier..

 

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So TFL employees can nominate a person for an oyster card to travel free on TFL services.

 

The TFL employee is my partner's brother, she is the nomine. Nothing was paid and is a work perk as part of working for TFL.

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Urm..wonder if they are funded by the public purse?


please don't hit Quote...just type we know what we said earlier..

 

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Not funded directly from public purse.

It's a benefit for employees of most TOCs to nominate someone for a free unlimited pass.

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Urm..wonder if they are funded by the public purse?

 

No, Freedom passes are funded by the public purse (via the councils).

Nominee passes are funded by TfL, not the councils, so, not 'the public purse' but TfL will be (almost) as likely to prosecute, as they are a privilege, not a right.

Since the OP told the RPI they took it without permission, they have protected their partner, but may find it hard to persuade TfL not to prosecute.

 

The OP doesn't have to 'own up' to their previous use of the pass (if TfL don't ask!), but if asked : brutal honesty may be their only chance ; getting caught in a lie would almost certainly guarantee prosecution.

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Thanks gentlemen

New one on me

Know we know

 

Dx


please don't hit Quote...just type we know what we said earlier..

 

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On the point of providing any mitigating reasons as to why I shouldn't be prosecuted, will they consider my occupation which does rely on a clean record as a reason and also any dependants and their poor health/disability with doctor's note as supporting evidence to make their decision? These are my only points that could help mitigate the offence.

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you shouldn't inc dr's notes no and only mention it briefly.

 

you might find this useful upon how to approach the letter

https://www.consumeractiongroup.co.uk/forum/showthread.php?483691-Notice-of-intention-to-prosecute-Thameslink-changed-CArNet-Ticket-date-Please-help-**SETTLED**&p=5085175#post5085175

 

it id also worthy to read as many threads in this forum as possible


please don't hit Quote...just type we know what we said earlier..

 

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On the point of providing any mitigating reasons as to why I shouldn't be prosecuted, will they consider my occupation which does rely on a clean record as a reason and also any dependants and their poor health/disability with doctor's note as supporting evidence to make their decision? These are my only points that could help mitigate the offence.

 

Hi!

 

Believe it or not I am in the exact same situation you were in a few weeks ago.

 

The inspector told me not to panic and just wait patiently for a letter.

 

I'm hoping that your outcome has been okay and has not resulted in a prosecution??

 

Is it possible to know what your letter included and the outcome.

 

I'm hoping to settle out of court and pay as much as they need me too in order to avoid a criminal record.

 

Thank you!

 

my thread

https://www.consumeractiongroup.co.uk/forum/showthread.php?493240-Caught-using-a-nominee-pass

Edited by dx100uk
link to thread added

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Hello and welcome to CAG.

 

Hopefully the OP will answer you but you need to start a new thread of your own and tell us your story please.

 

Best, HB


Illegitimi non carborundum

 

 

 

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Hi, I sent the letter to them on 11th February but yet to receive anything from them. Does anyone know how long they usually take to look in to each case?

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they have 6mts

or might not reply at all preferring to drop it there and then once they have received your response.


please don't hit Quote...just type we know what we said earlier..

 

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They have 6 months to reply? That's a pretty long time to keep you in limbo

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They have 6 months in which to (lodge a prosecution at court) / bring a prosecution. This is a time limit set by law.

 

 

They don’t have to reply.

They don’t have to take that long, they might not take that long, but they are allowed to do so.

 

Don’t want the risk of a criminal record?

Don’t want to be “kept in limbo”?

Don’t fare dodge / use a nominee pass you know you aren’t entitled to. Simples!.

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They have 6 months to reply? That's a pretty long time to keep you in limbo

 

better to keep to your own thread please


please don't hit Quote...just type we know what we said earlier..

 

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Just an update since I received a letter for a SJPN today... so I am being charged under "...Byelaw 17(1) of the Transport for London Railway Byelaws made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962."

 

Application is being made for a £225 contribution towards the costs of TfL.

Further costs may be incurred if additional documentation is required or if the matter is not resolved by a SJ.

 

What would peoples recommendation be, pleading guilty with or without going to court? They did put on the cover letter that if I plead guilty then "...you will usually get a 33% reduction...' But obviously it's not guaranteed since they used the word usually.

 

Lastly is the fine going to be the £225 they've stated in the SJPN plus the fare avoided? Or is this the cost of raising the SJPN.

 

Thanks

 

 

 

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always plead guilty and say yo will attend

that way if you cant settle OOC on the day

you are there in person to covey your remorse to the judge personally.

 

it will be more than the £225 quote with victim surcharges etc on top but that does rule out the possibility of still settling on te day by talking to the TfL prosecutor before you go in

 

there are various threads here that has had that happen.

 

if you can find them, i'll do it later


please don't hit Quote...just type we know what we said earlier..

 

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Hi,

 

I've received the same letter as you with the exact same wording for also using a nominee's card. I was just wondering what you're planning to do/what you have done since receiving the letter. 

 

I'm also going to post on my previous thread with more detail now. 

 

Thanks

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Thanks, I'll plead guilty and attend; see what the prosecutor say on the day. From what I've read, the conviction for these offences are spent after 1 year correct? 

 

Should I write down further mitigating circumstances differing from the letter I wrote in response to their initial letter?

 

@whathaveidone1 I have replied to your DM.

 

Thanks

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