TFL Fare Evasion Prosecution - losing job - help!

[greygoat]

On 10 March 2019, I used other people’s oyster seasonal travel card on London Underground (zone2 to zone1) and got caught by a TFL inspector.

 

I thought I should cooperate, so I admit that the card owner did not use on that day so I took owner’s oyster seasonal travel card on my TFL journey. 

 

Inspector asked if I had a valid pass at all, I said no.

I was further asked if I had money to finish off my journey, I said yes I could use contactless bankcard.

 

the inspector took my personal details and called someone to validated my address and asked me to sign on writing notes. 

The inspector did not ask if this was my first time using other’s card.

 

I received first standard TFL letter on 12 March 2019 (option 1 deny committing an offence, option 2 accept and provide exceptional reasons for TFL not to prosecute),

 

I intend to accept committing the offence and state below exceptional reasons begging TFL not to prosecute.

 

I work in a profession where a criminal conviction means losing job immediately and ban from industry for life (as I have to report immediately after I got the conviction), therefore losing right to remain in the UK.

 

I understand TFL is almost certain to prosecute, please help regarding any chance as to settle out of court to keep my job?

 

Should I use solicitor to polish my return email to TFL letter?

 

And if I should use solicitor on the court day?

 

Letter needs to be replied before 22 March 2019.

 

Thank you in advance for all your suggestions and advices!

[dx100uk]

Single offence you should be ok

[greygoat]

Thanks for reply.

In fact it might not.

This was my first time caught but might not first time to use (is it safe to say actually details here?)

 

 but I was not asked about on the day caught and I understand TFL might further ask me for interview?

[dx100uk]

No interviews no.

if it was a pattern of use they'll spot it dont try an lie. Youll be worse off

[greygoat]

Sure I understand - what should I do? Is it 100% conviction now..

[dx100uk]

No its not!!

Best id is read the threads here

There was a win regarding job loss this week

[greygoat]

thank you!

was that single or multiple offence?

is it safe to discuss everything here or may I PM you? I am devastated and really need more detailed help

 

1) after sincere apologies and mitigating circumstances shall i offer voluntary fine of £xxx plus any other fees incurred to tfl?

 

2) i need to go back to home country in mid April and return mid May,  genuinely to take care one of my relatives who don't have others to rely on.

 

Shall i mentioned this in my first response to ask if a summons to be issued, could it be after mid May so to avoid the situation that I cannot receive letters by post during this time period? thanks in advance

 

Appreciate dx's replies so far,

a couple more Qs along with the above

 

1) should I mention and admit multiple misuse offences for few weeks in my written response to TFL's first standard letter even if I was not asked at all?

 

2) Any chance card owner will be fined/prosecuted?

I want to make sure friend is 100% not involved in the case

 

3) After my response email (or should I both email and post the same physical letter to them?),

 

what's next?

Will there any TFL correspondences before I receive a court summons?

 

What's the quickest turn around time for me to receive summons?

(as I really need to be out of the UK from Mid April to Mid May 2019)

 

4) After summons, I choose plead guilty and attend - show remorse and mitigation like losing job and t and ban from my professional body (I need to check exact policy - do I need written evidence to show these on court?) 

 

All comments/suggestions welcomed

[honeybee13]

Hi.

 

1) Old-Codja who is an advisor here from time to time says that you don't need to tell them things they don't know already.

 

2) This is only a guess, but if you haven't said that your friend offered you the card I would think they won't have a problem.

 

3) I would email and send a letter, unless TfL have told you otherwise.

 

4) I think you would have to show evidence, otherwise they could think you were inventing this to avoid a criminal record.

 

HB

[greygoat]

Thank you HB

 

I recall I was intimated by inspector so I admitted my intention to use other's travelcard and was recorded on note.

 

Is this going to be determining factor/differences compared to those never admitted intention?

 

Does is mean they have enough evidence to give me other charges on top of TfL Railway Byelaw?

And I have no chance for settlement at all? What's maximum sentence if on other possible charges?

 

also I was tried to read below thread but it says page does not exists - it would be really helpful if I could have a read of this below case and how it settled

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?456947-TFL-misuse-Freedom-Pass-more-than-once-**-SETTLED-BEFORE-COURT-**

[dx100uk]

not sure where you are getting these 'extra; charges from they can add on.

you need to settled down and stop panicking.

 

so you appear to be indicating there is a pattern of fraudulent use..., so they will spot it.

 

 

 

 

 

 

[dx100uk]

I see you've read this

 

its a very good guide

 

dx

[greygoat]

thank you dx - yes I have been panicked for the past few days and really need to pull myself together.

 

I know they will spot the pattern and as I admitted on the day that I was consciously knowing the misuse and understood that was wrong 

 

Is this "honesty" actually let this case being worse off? As they have written evidence of my knowingly misuse so they can charge me fraud or something more serious than purely fare evasion?

[dx100uk]

they cannot prosecute for fraud.

they are a train company.

they can only use byelaws contraventions ….breaking of which..the net result of your fraudulent use.

 

you sent me a pm, I cannot and will not advise by pm as it helps no-ne bar you.

not what cag is about..else you'd not have found the threads related to here.

 

the info in the pm should be on this topic as it will help others...regardless of your individual outcome...but you use repeated use is not outside what we know has gained OOC in the past.

 

dx

[greygoat]

thank you dx for the info

when i did a free consultation with a 'specialised' solicitor he refuse to take on my case

 

he said OOC with tfl is almost impossible after Feb 2018 when they changed their internal policy to try to procesutor everyone for public interest

 

OCC before feb 2018 with TFL and OCC with private rail company until now are not uncommon

 

do you have the feeling/knowledge that TFL OCC dramatically decreased after Feb18?

[greygoat]

So I am aware of potential Byelaws prosecution by TFL

 

Some gave me advice that more serious Regulation of Railways Act offence of failing to pay the fare due, with intent to avoid payment thereof is usually used by TFL in such cases?

 

Any ideas on this Regulation of Railways Act offence? It it much worse off? Thank you

[dx100uk]

There are no such cases of this on CAG

 

[greygoat]

Thank you Dx and HB so far for your great help.

 

I work for a client-facing consultancy firm and policy/contract around "criminal conviction" and "dismissal" is quite vague so I may not get a definite written evidence showing that criminal conviction=losing job

 

but there is a line in contract saying my continued employment is subject to fit and proper status 

and I need to fill in fit and proper form annually where under "Good character and reputation section", I will be asked question "have you been convicted of any offence in a court of law (subject to 1974 RoOA")

 

I am pretty sure if convicted i will lose my job as most clients need me to demonstrate Good character and reputation. So I won't be fit and proper anymore 

 

The hard thing is how to prove all above as strong evidence to TFL to consider? Is it advised to use a solicitor purely to prove these? Thank you

[dx100uk]

No

See that won thread

 

[greygoat]

Thank you Dx

Yes that case was relying on HR's written letter to directly prove conviction=lose job

 

But it's really hard for a big firm's HR to produce such a definitive statement like this

 

As our firm policy tends to be vague and "case by case"  where in a case like mine - the result would be losing job.

 

Any advice/suggestion would be appreciated!!

[dx100uk]

stop looking to make excuses for them to refuse you. 

there was a policy change yes

I referred to this before

but OOC has happened twice

[greygoat]

thank you dx

 

what do you think a suitable offer looks like to financially compensate TFL?

 

Is the number I should offer on my letter being my week's income+all unpaid fares+all related admin costs?

Edited March 19, 2019 by greygoat

[dx100uk]

you don't 

we've never said do that

[greygoat]

Thank you dx, sorry I am confused.

 

 did you mean not to mention settlement in the letter at all?

 

Or to mention settlement without a specific figure?

[dx100uk]

nowhere here do we say state any amount

example letter

[greygoat]

Thank you dx - I don't think I will receive the definite answer from HR before my reply to TFL.

 

In this case, should I say "I will lose my job" or "I will highly likely to lose job"

 

If I say the former, but cannot provide definite evidence later on, would this be considered as a deliberate lie?

 

If I only say "highly likely to lose job" - will TFL not to even consider settlement at all, due to the fact that I misused for 70+ journeys?

 

it is almost guaranteed I will lose my job as it is a condition of my contract that I must retain a  fit and proper status 

this is check via a  form annually, where under "Good character and reputation section",  I will be asked the question "have you been convicted of any offence in a court of law (subject to 1974 RoOA")

 

the above wording is just amazing!

 

sorry English is not my first language so both my written and oral English need to be improved.

 

HR confirmed that we will not provide any written evidence regarding if I will lose job.

 

I am certainly very regretful and show remorse and won't commit such offence again in my letter 

 

Should I ever mention I will lose uk visa if I lose my job?

Or just mention the job bit but not the visa thing.