Counterfeit 16+ Oyster 71 times - TfL refuses OOC settlement

[whatshouldido192]

Hi guys,

I got caught using a counterfeit 16+ Oyster by an inspector in February.

I tried to explain as much as I can honestly to the inspector about who I got it from and how I got it (pretty much the same as the guys here).

 

As expected,

I got the first letter,

I replied to explain it;

 

after a few days,

I got nervous and looked for a solicitor to represent me (which actually did nothing as you can see from the title, money was not too well spent).

Today TfL replied to my solicitors that they still decide to go ahead with my prosecution, however, I'm not sure when.

 

This is my first offense ever and indeed I regret doing it but I won't deny that I didn't do it.

I tried to do as much as research as I can before getting the court summons and hope maybe they can understand my situation, in case you want to know a bit more about me so that I can seek for some advice.

 

- I've been in the UK since I was 15 (I'm 24 now) with no relatives in the country, being an international student is expensive. 

 

- I'm currently doing a Ph.D., feeling helpless for not being able to help with my family, I decided last September 2018 to get the oyster; which I aware that it's not right but didn't expect it to be blown out this much.

 

- I don't have a criminal mind (I don't think this worth mentioning since I did what I did).

 

- My grandpa was ill, he passed away last March we spent lots of money on him and his funeral as well.

 

- I felt stressed and also due to my visa I cannot work full time to provide for myself, therefore I was thinking of other ways to save.

 

- The prosecutor found evidence of me getting the benefit of free bus and discount tube for £100 with 76 uses.

 

I think that's pretty much it but here are my questions:

 

- Do you know when I will expect my court summons as it has been more than 3 months?

 

- Will this criminal record affect my visa status? I'm currently on a Tier 4, I can ask a solicitor about this but again it's too expensive

 

- What is the best possible way for me to communicate with the Court?

 

- At the moment,

I'm assuming for the worst scenario possible that I will pay my fine and getting a criminal record,

is there other punishment that I can negotiate with the Magistrate Court so that I can avoid this into my record?

 

- I also did a bit of research as well but I could not find the 2 cases where the conviction was not recorded, could someone with the knowledge help me link to those cases?

 

That should be all of my questions,

thank you so much for your reading!

[honeybee13]

Hello and welcome to CAG.

 

I'm sorry about your experience with the solicitor, it's why we don't advise people to use one.

 

I can't answer all of your questions but hopefully other people here will know at least some of them.

 

As to when you might know about a court date, I believe that TfL have six months to bring a prosecution.

 

At this stage you don't want to communicate with the court, it's TfL's prosecutor or the person dealing with your case. You can continue to negotiate for an OOC settlement up to the court case and even on the day when you can speak with the prosecutor.

 

You should also read around the CAG transport forum for similar cases with counterfeit Oyster cards to see what tips you can pick up.

 

Best, HB

[whatshouldido192]

@honeybee13 Thank you for your prompt response. Yes I aware that I should communicate with my prosecutor. I have attached here his response to my solicitor:

 

 

Regarding his reply, do you think there might be another chance for me to continue to communicate with him? I will do anything that I could so that at least I won't waste the public fund for my case; I know it sounds cheesy but that's the least I can do now

[whatshouldido192]

Hi guys, at the moment I have yet to receive anything for court summon.

With all the people I know (who even got caught after me, have already received the letter).

Is it common?

Should I email them again? 

 

I found another regulation about my university that if I found to have criminal charge, they might reconsider my study with the uni (meaning I can still continue the course), do you still it's still valid to present to my prosecutor to come up with an Ooc settlement? 

[dx100uk]

they have 6mts.

 

[whatshouldido192]

Yeah I know they have but just find it's weird as my case is pretty much the same with other people so I was wondering if it's worth giving it another shot in negotiating with them

[dx100uk]

your letter might have already worked.

 

dx

[whatshouldido192]

Hey Dx, could you help me elaborate by what you meant by my letter has already worked? 

[dx100uk]

I said might...

they could be having a re think, or had one.

another way to look at this is ...IS it a waste of the courts time to prosecute YOU?

 

looking at it this way...

the route cause is TfL developed or implemented a system that could easily be subjected to fraud..so partly to blame?

the social media outlets did little to disable the fraudsters to be easily found by people...so partly to blame.

 

i know through interactions with persons connected with TfL i have away from CAG that following another recent period whereby they were actively targeting detection by placing ticket barriers etc into a mode that alerted nearby officers ....that they were quite astounded by the sheer level of these fake cards .

 

and that a resultant and well publicised series of court cases and large fines from a previous campaign had obviously thus done little to stop there use..or maybe even publicised them unwittingly?? 

 

all you can do is wait..only a few months to go.

 

 

[whatshouldido192]

Thank you so much for your response! I really appreciate it, I won't keep my hopes up but will consider that if I'm lucky enough that'll be my chance. I will keep you guys up to date! 

Edited June 10, 2019 by whatshouldido192

[whatshouldido192]

Hi guys, 

 

I've received my court summon,my court date is 17/7 and now I'm returning the form back to court.

 

there's a section called Statement the accused may with to volunteer, do you know what should I write here?

 

I have pleaded guilty and will attend court, what should I prepare on the day?

[dx100uk]

Same response like our letter

no harm now in writing/ringing again as on the day too pleading for OOC

[whatshouldido192]

@dx100ukThank you so this is what I'm planning to write

 

 

Dear Sir/Madam, 

 

I am writing this letter to sincerely apologise to you regarding the incident which occurred on 19 February 2019. In light of this incident, I am truly guilt-ridden and I am aware how wrong my action were towards TfL and the people behind their operations.

 

I am a Masters in Science and currently a Doctorate candidate, with many plans for both my professional and personal future. Given my academic background, I truly understand how wrongful my actions were. What I have done was out of my character and was a result of financial and personal issues during that period of time - I was not in my best state. This, however, is no excuse, as I should have known better before breaking TfL’s regulations. This became evident to me the moment the inspector noticed my misconduct and I immediately decided to cooperate fully and provide him as much information as possible. 

 

I am prepared to pay back any fine and administrative fee that comes as a result of my misbehaviour. I hope, however, that you reconsider the decision of prosecuting me, as a criminal record would be a tragic thing for my future, I have spending 9 years in the UK focusing on studying and this is my first time doing this. I sincerely plead for your pardon and I ensure that this was a one time offence that will not ever happen again. It is my heartfelt hope that you can reconsider and withdraw my charges.

[dx100uk]

71 times is not a one time offence

I will guess that all bar one are listed as TIC on the court doc?

 

if you are aiming for OOC simply offer to pay all resultant unpaid fare costs and admin fees. don't mention fine. TfL cant fine you only the court can if they hear the case.

 

withdraw my charges. - no dont say that..accept an out of court settlement.

[whatshouldido192]

 

Thank you for the review! So i've rewritten it as it will need to be sent out today to return the form to court

 

Dear Sir/Madam, 

 

I am writing this letter to sincerely apologise to you regarding the incident which occurred on 19 February 2019. In light of this incident, I am truly guilt-ridden and I am aware how wrong my action were towards TfL and the people behind their operations.

 

I am a Masters in Science and currently a Doctorate candidate, with many plans for both my professional and personal future. Given my academic background, I truly understand how wrongful my actions were. What I have done was out of my character and was a result of financial and personal issues during that period of time - I was not in my best state. This, however, is no excuse, as I should have known better before breaking TfL’s regulations. This became evident to me the moment the inspector noticed my misconduct and I immediately decided to cooperate fully and provide him as much information as possible. 

 

I am prepared to pay back any unpaid fare costs and administrative fee that comes as a result of my misbehaviour. I hope, however, that you reconsider the decision of prosecuting me, as a criminal record would be a tragic thing for my future, I have spending 9 years in the UK focusing on studying and this is my first time doing this. I sincerely plead for your pardon and I ensure that this will not ever happen again.

 

 

Also, do you know how I can identify my TFl prosecutor on the day?

[dx100uk]

Offer of ooc gone

You need to say why you wish to settle

[whatshouldido192]

@dx100uk ok so  It is my heartfelt hope that you can reconsider and settle my case out of court as I am half way through my PhD research and this can affect largely on my research continuity due to university policy.

 

I'm not sure if this is going to be sufficient?

[whatshouldido192]

Also I'm a bit confused on TIC(s), should I sign on which offences that I've committed or the one that I didn't?

[dx100uk]

it states xx offences in TIC yes?

 

dx

 

[dx100uk]

read upload please

PDF only

[whatshouldido192]

sorry here it is 

IMG_20190710_164845-converted.pdf

[dx100uk]

yep you sign all those

how many TIC's are there please?
 

[whatshouldido192]

Yes,there are 71 of them but 3 of them happened in May (which is impossible since I don't use them so I put a note in that I didn't do this because my card was confiscated since 19 Feb)

[dx100uk]

good work.

 

dx

 

[whatshouldido192]

Oh and also TFl is charging me with Contrary to Regulation 7(2)(b)(ii) of the Public Service Vehicles (conduct of Drivers, Inspectors, Conductors & Passengers) Regulations 1990 SI No. 1020 and contrary to Section 25(3) of the Public Passenger Vehicle Act 1981. 

 

Now, I did my research on these regulation but I'm not too clear, could anyone with the knowledge help me see if these charges are super bad?