Prosecuted for using 11-15 zip oyster

[Guest102]

Hello all, 

 

a few weeks back I lost my bank card which is what I use to get around.

As a result of this my account was frozen until I got my new card and then re activated it again.

 

During this period i used my younger sisters 11-15 zip card to get back and forth from work.

I only used it on 2 separate occasions and the 2nd time was when I got caught.

 

The southeastern lady took the zip away from me and took down my details and said I would receive a letter in a few weeks that would tell me what’s happening next.

 

Fast forward to today I received a letter that said It was authorised that I was being provisionally prosecuted and asked me to give my account of what happened.

Also at the end of the letter, it’s asking me for my details, like my NI number ect and it’s given me 7days to respond.

 

I honestly don’t mind what amount they throw at me for the fine

I just don’t want it to go to court and me get a criminal record,

I have too much to lose,

 

I’ve just completed my first year at university,

I’m looking for a placement,

i also have a job and I’m not a British citizen yet,

 

I just received my indefinite leave to remain in December,

if I get a criminal record not only will I be kicked out of university but also fired from work and most importantly it could really affect my citizenship.

 

Please help me guys I’m really scared right now. 

[dx100uk]

moved to the public transport forum where you will see 100's of like threads to read.

 

it would be helpful if you were to scan up your letter to PDF

read upload.

 

for want of other information ...stop worrying about things..

you should be ok if you deal with this correctly

it shouldn't effect the things you are worried about as long as you get an OOC settlement sorted which you probably will

 

[Guest102]

hello, 

 

I don’t even know where to start with regards to the letter I need to write to them, I have no clue what to say

[dx100uk]

PDF Please so we can zoom

 

read upload

and redact that number!!

[Guest102]

I’m having trouble uploading the file, I’m just going to type it os you get the gist of it 

 

On May 2019 a person giving the above name and address was questioned by a member of rail staff with regard to

an alleged incident on Southeastern Railway.

The matter has been provisionally authorized for prosecution.

 

Before I proceed further, I invite you to respond by completing in full the bottom section of this letter, making any

comments about the incident on the reverse, and send it to the above address within seven days. Failure to respond will lead to the matter being progressed without further notification.

 

Then at the bottom there’s space for me to enter my details 

 

I just wanted to know if It’s true that if I am prosecuted, because it will be for a minor crime, will it only be on my crb for about a year then after that it will go, or will it affect me forever  

[BazzaS]

They aren’t crb’s any more : dbs instead.

what hasn’t changed is that there are different levels: will the job you are asking about be a standard or enhanced check?.

 

If the job involves an enhanced DBS (so, is exempt from the Rehabilitation of Offenders legislation), if a conviction is recorded it never becomes ‘spent’ for the purpose of an eDBS,

[Guest102]

I want to go into the legal sector,

 

I’m not sure where yet as I’ve only completed my first year of uni,

 

any advice for me ? 

 

[BazzaS]

Difficult to say. Solicitor / Barrister would likely need an eDBS / be exempt from the Rehab of Offenders legislation.

 

Advice? Aim for an administrative (“out of court”) settlement.

 

It is a little late for the advice I would have given of “the more out of:

a) citizenship

b) university

c) job prospects

that a conviction for fare dodging would imperil, the less sense fare dodging makes .....

 

 

[dx100uk]

it would be very rare for 2 uses to result in a conviction.

 

what date was the letter..

[Guest102]

The day in the letter says 25th of June, then it says I have 7days to respond.

I didn’t receive the letter until the 29th (this Saturday) so do I have 7 days to respond from the date I received it or from the 25th?

& any advice on what to write in the letter back to them ? 

[honeybee13]

It's easier for you to start drafting what you want to tell them about what happened on the day. You can post it up here and we'll help you to refine it. Just tell the truth.

 

HB

[Guest102]

Dear Sir/Madam, 

 

I want to start off by sincerely apologising, not only for my stupidity but for wasting your time on this case. There is absolutely no excuse for my actions however I do regret them. 

 

I lost my bank card and because of this my account was frozen temporarily and I was unable to access my money until I received my new bank card and reactivated my account. I did try to burrow money but I was unable to get any help on such short notice.

 

I used my younger sisters Zip Oyster card approximately twice to get to and from work from west Dulwich Station to Bromley South Station.

 

The last time I used it was on Thursday 30th of May. I started work at 11 o’clock and was running late as I was leaving my house to go and catch the train my new bank card arrived with other letters, at the time I was not focused on the letters, I just picked them up and put them in my bag and continued to run to try and make the train.

 

I didn’t open the letters until I was sitting on the train, but at this point it was too late as I had already used my younger sisters card to tap In to get on the train. I got to Bromley South station and was stopped,  

 

I immediately cooperated with the staff member. I explained the situation to her, I showed her that my bank card had only arrived today and she said she did understand but I shouldn’t have used my sisters card. She interviewed me on the spot and I answered all the questions truthfully and explain I didn’t do it with the intention to avoid paying. 

 

I have never had any convictions before, and have always been law abiding. I plead with you not to take my case to court, my citizenship may be at risk. I  have been living in the United Kingdom for approximately fifteen years. If I do get prosecuted in court it will damage my chances of becoming a British citizen.

 

I have also, just completed a my first year of University, I study business and hope to someday pursue a career in that sector and am currently looking for a summer placement. With a criminal conviction there will be a slim chance of me being able to secure a proper job in that sector.

 

I am not eligible for Student Finance meaning my parents and I have to pay for my tuition fees which has made our financial situation extremely difficult. We have barely managed to pay for my first year at university only to find out we have to start paying over £9000 for my next academic year which begins in September, this is why I got a job in order to support my parents with the tuition fee payments for University,

 

I cannot afford to lose my job now, I will be immediately dismissed if I am convicted and will not be able to help with my fees. This is why I plead with you not to take my case to court. 

 

I am deeply sorry for my actions and any inconvenience that I may have caused. I am extremely fearful for my future. I implore you to settle this matter out of court, I am happy to pay any administration fees, any unpaid fares and any fines necessary.

 

Since this incident I have started taking extra precautions when travelling to ensure the situation never repeats itself. I now have another contactless bank card in case I lose the main one again and I have a blue oyster card with money on it for emergency situations. 

 

I again deeply apologise. I beg you to not to take my case to court, this incident will never repeat itself and I can assure you that I have learnt my lesson.

 

Thank you. 

 

9 hours ago, honeybee13 said:

It's easier for you to start drafting what you want to tell them about what happened on the day. You can post it up here and we'll help you to refine it. Just tell the truth.

 

HB

 

 

Thats what I have 

 

 

[honeybee13]

Hi. I've edited a few paragraps into your letter to make it easier to read for us and for TfL.

 

I think you have duplicated your apologies and probably need to trim that back. We also recommend that the letter should be one side of A4 otherwise you're going to lose the case handler's attention.

 

Is it the case that your account was frozen? When I've had to cancel bank cards I could still go into a branch to get money or make transfers to other people online.

 

HB

[Guest102]

Any advice as to where I can trim it back, I’m trying to send the letter off tomorrow if possible

Thank you 

[honeybee13]

I think you can combine and condense the 'I am truly sorry' and 'I again deeply apologise' paragraphs into a short one saying the same things.

 

How many sides of A4 does your letter take up at the moment?

 

By the way, you don't need to hit Quote every time you reply to a post, just type in the white box below it and the thread will be shorter for other people to scroll down.

 

HB

[Guest102]

It’s just one side so far 

anything else I can add into the letter ?

 

thank you 

 

[dx100uk]

less is more

 

dx

 

[honeybee13]

Could you answer my question about your account being frozen please? I'm no expert but I think it's something that could occur to the investigator.

 

HB

[Guest102]

I bank with nationwide and when I lost my card I called them up to inform them of this and she said she would get a new one sent out to me within 3-5 working days and I asked her if I can continue using my phone for contactless payment and she said that I wouldn’t be able to use it and my account would be frozen until I could got my new card and reactivated it then I could continue using it as normal 

 

If they was to investigate it nationwide phone conversations are recorded so I should have no problems with that 

 

Could you give me a rough idea on which bits are unnecessary please  

[dx100uk]

a good benchmark

 

 

[Guest102]

I’ve sent off the letter, how long will it take for them to get back to me 

[honeybee13]

It's hard to tell.  You could read similar threads and see what happened to other people. 

 

HB

[Manxman in exile]

Just as a precaution (in case the TOC come back to you and query it) I'd check with Nationwide that your account was in fact "frozen". 

 

I can understand the card being cancelled and, perhaps, your 'phone app (is it connected to that particular card in some way?) but I'm pretty sure you would still have had access to the account, as honeybee suggested. 

 

Cheques and transfers, DDs and standing orders etc should still have been operative. 

And with sufficient ID I'd have thought you could withdraw cash at a branch.

 

I'm just pointing this out to ensure your explanation is consistent and hangs together. 

It's possible you mistakenly believed it was frozen because of the way the NW call handler explained it to you. 

(eg they meant to say your phone app would be temporarily frozen - not your account - until you activated the replacement card).

 

EDIT: 

what I'm trying to say is that I wouldn't want to suggest to anyone that my account had been "frozen" by my bank if in fact it hadn't been.

[Guest102]

Hello, Just am update on my situation, I received a court summons today and I don’t know what to do, could anybody help me please ? 

[dx100uk]

you should already know what to do by the research you've been carrying out by reading all the threads in this forum in the downtime till today.