fake 16 plus oyster used it for a year - court summons

[steph1092]

Hi everyone, 

As many others on this forum, I made the completely stupid mistake of purchasing a fake 16+ oyster card.

I used it for approx a year when the ticket inspector on the bus approached me and asked for my D.O.B ect.

 

She took down my details and I received the letter from tfl that everyone else typically receives.

I responded with remorse and my genuine naivety to how serious this situation was.

This happened back in mid Jan btw. I

 

purchased the card at my old workplace, a colleagues friend was creating them and he was selling them to a few of us at work.

he promoted it as this casual thing but i'm taking full responsibility. 

 

I have not received the court summons yet but i am certainly expecting it.

I have read a few other threads religiously regarding fake 16+ oyster cards and their court summons were prosecuting with the railway act.

 

I am very stressed that although other people have received their prosecutions with the railway act, that tfl would give me one for fraud instead.

I'm not too sure if tfl have ever prosecuted for fraud?

 

Also, I apologise if I appear too nonchalant about all of this, I have been extremely anxious ever since this happened, I cry about it at least once a week and it is most definitely a lesson learned. I'm 21 and have never even been in trouble at school let alone legally.

I would appreciate some advice in this matter please.

 

I am worried about a different thing every week but now it would be a borderline blessing to plead guilty to the railway act as opposed to fraud as I really do not want to go to prison  

 

I've really really messed up here. It's my first offence ever. 

So my questions are; 

 

- Can I be prosectuted for fraud instead of the railway act? 

 

- Is the inspector in court?

 

- Could I go to prison?

 

- How do you pay the fine typically? On the day?

 

Thank you guys in advance.

I am so appreciative of your advice you've given to others on forums like these, they've kept me from going insane!! 

 

[dx100uk]

You cant goto prison

they dont/cant prosecute for fraud

[steph1092]

Thank you for your reply dx, do you know if the inspector is actually in court on the day? I researched that the inspector only shows up as a potential witness if you plead not guilty but I was just wondering if you could confirm?  

[honeybee13]

If the inspector isn't in court on the day, they will have a copy of her statement about interviewing you.

HB

[steph1092]

Thank you! Do you know anything about how the fine works? is it paid in cash on the day? 

[honeybee13]

Have a read of the forum sticky on attending court, that should answer a lot of your questions.

HB

[steph1092]

Thank you 

[steph1092]

I plan to attend court but I do have crippling anxiety already in regards to this whole situation and suffer from panic attacks.

 

I'm worried because I am thinking that for my mental health it may be better to plead guilty by post but I do want to show the court in person how remorseful I am to lower the fine. 

[dx100uk]

you always attend plead guilty in person.

[steph1092]

Hi, I wanted to ask if there was anyway of being dismissed by my current job due to this record? Can an employer find this out, would they be notified any way? I just work a basic sales job btw.

Edited March 12, 2019 by steph1092

[renegadeimp]

Depends on your job.

I noticed you replied to the letter from TFL.  If you havent had anything back yet,  dont go thinking there will be a court summons. They might allow you to settle out of court if youve used other threads as guidance.

[steph1092]

I very much doubt I'll be able to settle OOC in my case, I have given up all hope.

 

The other threads I read have been refused OOC.

I was caught with the 16+ on the bus by an inspector but I know people that had their oysters just randomly stop working, also have a friend who was called by TFL as they noticed an inconsistency in his applications and was told to stop using it or a summons would be sent.

 

I don't have dodgy friends at all, but I can't stress how common these 16+ oyster cards are, a ton of people have them unfortunately. 

[renegadeimp]

never say never.  Wait for the next letter. If you go to court, so be it.   Just be honest.     

[steph1092]

Yeah I certainly will. Do you have any idea of the impact of the record? If it's spent after a year does that mean it will stop showing up on DBS checks after that? 

[dx100uk]

https://www.consumeractiongroup.co.uk/topic/413038-caught-using-fathers-freedom-pass-settled-ooc/page/3/?tab=comments#comment-4976301

 

read the above also note post 43 from bazz

[steph1092]

 

Thanks dx, i've been doing a crazy amount of research in regards to the criminal record side of this. (yes I know I haven't recieved a court summons yet and I'm truly going to fight for an OOC settlement but I am just preparing myself for the worst)

 

I just wanted to ask if my criminal record would be on fare evasion only?

or does it differ to your situation?

 

Like for example when wanderwall uploaded his/hers court letter I did not understand what he was being charged against?

It says "Contrary to regulations 7 (b) (ii) conduct of drivers, inspectors, conductors & passengers. Regulations 1990 SI No. 1020 and contrary to section 25(3) of the public passengers vehicle act 1981.

 

Is this the typical thing people get charged for on their court summons?

Because I thought it would be the TfL Byelaws or Railways Act 1889 and or the Regulation of Railways Act 1889?

 

Im confused and worried about this since me and WW are pretty much in the same boat (except I didn't run away from the inspector )

[dx100uk]

it will be on the court summons

does differ

[steph1092]

Okay now I'm scared because I doubt they can issue imprisonment on the more common acts like byelaws or RORA but I don't know about the ones that WW was issued so i'm currently petrified lol

[dx100uk]

haha

you cant goto prison for a rail debt

stop panicking.

[steph1092]

lmao okay thank you, I promise to update this thread with new info as it comes!! 

 

[steph1092]

Okay received the court summons on Friday as expected, I am attending court on the 26th of next month.

 

I don't know if I will even bother calling TFL's offices in hopes of an OOC settlement because I really don't have mitigating circumstances.

 

I haven't even been in trouble with my school teachers let alone the law.

I naively made a very stupid mistake of following what everybody else was doing which I feel terrible about now.

 

I am going to try to speak to the prosecutor on the day but again I don't have very high hopes with that either.

I am being convicted on the same charges as Wanderwall. 

[dx100uk]

so not fraud then..that's good

 

you sent a pleading letter?

what has happened since then?

[steph1092]

Yeah super happy and grateful for that, they easily could've prosecuted for fraud. 

 

And I sent a pleading letter when they first asked me to plead my case but no I haven't gotten in contact with them since I received the summons on Friday. I don't even know if I should try tbh, I don't think it's going to go anywhere but obviously, I do not want a criminal record in the slightest so I am going to try calling and speaking to the prosecutor on the day.

 

In the meantime, I will attend court in person. When it comes to payment, do you have any idea of how that works dx? Do I pay on the day at the actual courthouse with my bank card or do I pay online? 

 

Oh also, the oyster was used for 128 uses. So, my chances are just that much slimmer lol

[dx100uk]

are they actually stating 128 uses?

in the summons

 

payment should be made on the day 

the judge / clerk will tell you how

[steph1092]

Yep its 128 uses, I used it for around a year.