Caught using a nominee pass

[whathaveidone1]

Hi,

 

I was coming back home today on the tube and I got stopped as I tapped out.

The light flashed on the barrier and in front of me was an inspector who asked me to show the oyster and photo card.

 

I was actually using somebody else's nominee pass and didn't have the photo card with me.

I told the inspector that straight away.

He took me to the side and pulled out his black notebook and started writing.

He told me I wasn't getting prosecuted and he only wanted to ask a few questions.

This is when I began to panic a bit.

 

I told him that the nominee card was hardly being used and I picked it up this morning to use it.

I also had the intention of transferring the card on to my name because I would make a lot more use out of it than by brother but I know the process takes a while so I just took the card today to use it.

 

He asked me for my details and then called somebody up to verify that it wasn't fake.

He asked why I was using it and I said to save money and that I knew I wasn't supposed to be using the card.

admitting that I'm guilty.

I signed the notebook.

 

He told me that I should wait for a letter from TFL which will tell me how to proceed.

I had no idea that I could be charged with a criminal offence!!

I'm just sitting and wondering what on earth I should do..

 

Also - just to add, today was the first time I had used the card in a few weeks.

Prior to today, I had used the card about 3 or 4 times for the same journey route as today.

The inspector asked me which station I was coming from and noted it down.

 

I need to settle outside of court because my job requires DBS clearance and there is absolutely no way I can afford to get a criminal record.

Does offering more money than they want in court increase chances of getting OOC?

 

Thanks in advance.

I really really regret using it for the sake of saving like £10

Edited February 26, 2019 by dx100uk
spacing

[renegadeimp]

Await their letter they will send. Dont appeal or do anything until you recieve it. Youa ppeal once you get the letter, and do it correctly and they usually settle out of court, providing you didnt do it for a long time, lie to them or cost them a ton of money.

[dx100uk]

nothing you can really do until you get the letter.

but don't panic too much

you've admitted everything and theres not a 'chain' of use that they'll be worried about.

[whathaveidone1]

I'm waiting for the letter now.

I guess it will be the one asking for my side of events right?

 

I've noticed that happen with other people.

If so, do I mention to them that I have used the card a few before or do you think they already know by checking the history?

 

My brother also uses the card and the rest of the journeys made are by him not me.

[renegadeimp]

Do not lie to them. Theyll know. Read the letter an come back here. You need to be very apologetic, very remorseful and offer them an amount to cover their admin costs and to cover what you did.

[whathaveidone1]

Hi thanks for your help so far.

 

I have received the letter today giving me 10 days to either plead not guilty or plead guilty and give mitigating circumstances. Of course I highly highly regret what I have done and would never have touched the card if I had known the severity of the punishment. I have no intention of lying and I told the inspector everything straight up.

 

I also had the intention of changing ownership of the pass from my sibling to me because I would make much better use of it - is that worth mentioning at all in the letter?

 

I work full time in a role that requires DBS clearance and only used the pass to save some money which would go towards a masters degree. I know it was a really stupid thing to do.

 

What amount would be acceptable? At the moment I'm open to paying as much as needed in order to avoid court.

 

Thanks

[honeybee13]

I also had the intention of changing ownership of the pass from my sibling to me because I would make much better use of it - is that worth mentioning at all in the letter?

 

I doubt it. As I understand it, in TfL's eyes it's whether the ticket you used was valid for you at the time you used it. What you intended to do doesn't sound relevant. In any case, wouldn't that be down to the person who has a pass they can nominate?

 

It's hard to say what amount would be acceptable, we usually recommend that you ask TfL if they will allow you to make an administrative settlement where you pay any unpaid fares and their reasonable expenses, as renegade said.

 

But you need to reply to the court first, the rest of it is negotiating with TfL before it gets to court. I don't see wanting to save money as mitigating circumstances, maybe other people will come up with something.

 

HB

[dx100uk]

you never offer an amount.

scan up to ONE multipage pdf what you have received please

read upload

[whathaveidone1]

The letter is from TFL (investigations appeals and prosecutions team) not the court as far as I'm aware.

 

Dear...

 

You were reported to TFL for failing to produce a valid ticket, pass or photo card for your journey on the London Underground. The facts of this incident are being considered and I muss advise you that legal proceedings may be taken against you in accordance with TFL's prosecution policy.

In order for TFL to deal with this case correctly, please return the information requested on the reverse of this letter, by email to TFL within 10 days including the case number stated above. Alternatively, you can send the letter by post.

 

You do not have to reply to this letter but it may harm your defence if you do not mention something now which you may later rely on in court. Anything you do provide in writing may be used as evidence.

 

Failure to respond to this letter may result in the matter being progressed by TFL without further notification.

 

 

1. If you deny committing an offence, please explain why. Please note TFL fare evasion offences are ones of strict liability.

 

2. If you accept committing an offence, please provide any exceptional reasons including pre-existing medical conditions that you may feel are relevant and evidence to support this, as to why TFL should not proceed with a prosecution.

[dx100uk]

As per many threads here and examples you send a brief begging letter

[whathaveidone1]

Okay thank you.

 

It mentions that responses should be sent by email but many people here have sent letters by post. Should I send the initial letter by email?

[dx100uk]

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

 

something like the above..

 

pers i'd post it

[renegadeimp]

Post it by recorded delivery, or more so, bare minimum of proof of posting.

[whathaveidone1]

I've had a start at drafting the letter. I don't really have any mitigation. I hope I haven't waffled too much?

Thanks

 

 

Dear whom it may concern,

 

It is with great embarrassment and shame that I am writing to you regarding.....

 

I have no words to describe the regret I feel for what I have done. On the morning of … I took the nominee card from my brother’s room and used it on the London Underground. As we live at the same address and he doesn’t use the underground as frequently as I do, I somehow thought it would be justified if I used the card on his behalf. Looking back on the act I committed, I can’t help but see how absurd my thought process was. I was completely honest when the Revenue Protection Inspector asked me questions and immediately apologised as I knew that I was in the wrong.

 

As a young person who has never committed any offence or been in trouble with the law, I am thoroughly ashamed. I understand that the pass is a gift from TFL and I have breached the trust by using the card when it was not entitled to me. I am highly sorry for what I have done and the disturbance I have caused.

 

I have worked and studied hard and honestly my whole life to recently land a job in a field that I would like to pursue my future career. My job requires a DBS check and any progression in this field will require enhanced DBS or even developed vetting clearance. It would be devastating if my entire career comes to an end because of this foolish and irresponsible mistake. My sole reason for using the pass was to save up some money to put towards my masters degree to avoid taking out a loan.

 

I am keen to make an immediate payment of outstanding costs and incurred costs that my action has led to. I terribly regret what I have done and if I had known the potential risk to my career I would never have touched the card.

 

I would be sincerely grateful for your consideration.

 

Many thanks

[dx100uk]

sounds ok

[whathaveidone1]

Hi

 

I received a letter from court the other day stating that they were going to fine me £225 and that 33% might be deducted etc. 

 

I've read that you have to plead guilty and say you will attend court.

Would it be better to get in contact with the solicitor now or during the day of court? (or both?) 

 

Thanks

[honeybee13]

Hi.

 

You don't have to plead guilty, but if you did commit this offence then it's usually best to. If you turn up at court and apologise, etc, it can reduce the amount of the fine.

 

We don't normally suggest using a solicitor as most of them don't understand rail fare offences and you can end up paying for their learning curve.

 

HB

[whathaveidone1]

Thank you.

 

Oops I meant prosecutor not solicitor! I meant getting in contact for trying to settle outside of court.

 

Do you know approximately how long it will take to hear back for a court date? 

Also, because this was a staff nominee card do you know if there are any repercussions for the owner of the card? 

 

 

[honeybee13]

Hello again.

 

As I understand it, you can only talk to the prosecutor on the day of your case. If you hope to settle before the case, then you need to take cash. You can continue to try and settle before that with the person handling your case.

 

I don't know how long it takes to get a court day, maybe someone else will. As for the owner of the pass, was it confiscated and how did you tell TfL you came to be using it?

 

HB

[dx100uk]

can we see this letter in PDF please

read upload

you sure the court are saying this and not TfL?

you must always plead guilty and attend to show remorse on the day.

 

have you not had a reply from TfL themselves, they usually reply to begging letters like what you sent above?

[whathaveidone1]

Hi,

 

I used the advice above - I pleaded guilty and asked for a court date. I desperately need to settle out of court because I will lose my job and will not be able to apply in the same field ever again due to enhanced security checks that are carried out. 

 

At present there's a £4.90 unpaid fare fine and a £280 fine for extra costs. How much is normally required for out of court settlements? 

Also, would it be useful to get in touch with TFL now or shall I wait until the court date? 

 

The pass was confiscated as it is evidence.

[dx100uk]

no harm in writing again and pleading

don't put a figure but offer to pay all admin costs and the EQ to the fines to settle OOC as you will lose your job.