16+ Oyster Card - Please help!!

[Lostboy123]

Hi guys,

 

Hoping someone can help.

Was stopped with a 16+ Oyster card earlier this year.

 

I have a court date in November.

 

I have already sent a letter with my side of the story and mitigating circumstances.

 

I am drafting a new letter to the prosecuting  solicitor asking to settle out of court.

I've been stressing over this sooo much.

I am a graduate this is just trying to start his life, it is no excuse but i really didn’t know the extent of how serious this is.

 

From my understanding from reading through the thread, once you actually make it to the court date, your chances of settling OOC are pretty slim.

 

If you could advise me on steps to take to achieve an administrative settlement.

 

I have dreams of moving to America or Australia later in my life, in addition to having to disclose for future jobs - having even a spent conviction will ruin my life!

 

Let me know if you need any additional information to assist me.

 

Thanks in advance 

Letter below:

 

Dear Sir or Madam,

 

I would firstly like to apologise to Transport for London for having a fraudulent oyster card and wish to come to a resolution that does not have irrevocable consequences on my life.

I am an Architecture graduate that is trying to pave his way in life and a criminal conviction would be a disastrous set back, that would have effects that will follow me throughout my life.

 

I am currently on the path to taking my Masters with the hope of carrying on my career in architecture and business. I know a criminal conviction will not make this possible. 

 

This is not an excuse but I have been under extreme financial issues since graduating from university and this was the main reason why I had the oyster card.

 

I am truly remorseful for my actions, as these incidents are not a reflection of my character.

 

I would like to repay the money that TFL has lost and any additional penalties immediately and without question. In addition I have bought an annual TFL pass to add further basis of my remorse and pledge to never reoffend.

 

I deeply regret this action as it has put my future into jeopardy, I hope my lapse in judgment over the months of February to April do not carry over into the rest of my life.

 

If you could please let me know if an agreement can be made for an administrative settlement that would not result in a criminal record.

 

My sincerest apologies,

[dx100uk]

I will guess this was a fake one you purchased from a social media site?

[Lostboy123]

Hi dx100uk,

 

Bought from a friend.

 

It isn't and excuse but I really didn't realise the severity of this.

 

When the ticket inspector stopped me, I knew I was in trouble but thought it would just be a fine didn't realise you could get a criminal conviction. I feel it's really excessive, and paints me as a criminal.

 

 

[dx100uk]

well sadly you are..

 

you purposefully obtained and used a fake card.

I will also assume its details in many areas are not correct for you.... like age etc DOB.

so its not that you didn't know this as by you comment..

 

When the ticket inspector stopped me, I knew I was in trouble

 

https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=fake 16%2B&oq=fake 16%2B&gs_l=partner-generic.3...204657.207586.0.207941.8.8.0.0.0.0.159.786.5j3.8.0.gsnos%2Cn%3D13...0.3104j1674998j9...1.34.partner-generic..8.0.0.qEisWOMd-bE

 

 

[Lostboy123]

Thanks i will have a read of those links.

 

Any thoughts on the letter i wrote??

 

I am trying to obtain an Out of court settlement.

 

 

[dx100uk]

54 minutes ago, Lostboy123 said:

This is not an excuse but I have been under extreme financial issues since graduating from university and this was the main reason why I had the oyster card.

 

only the one line ...expanding upon this is by far the only way you will ever possibly convince them to OOC

the rest is you begging and oh my poor future..

 

IMHO the ratio should be the otherway around.

[Lostboy123]

Ok so more about financial situations that can offer as mitigating circumstances. 

 

Also so do you think it’s worth adding that I have been to see a therapist as the thought of having a criminal record has brought back my anxiety?? 

[BazzaS]

3 minutes ago, Lostboy123 said:

 do you think it’s worth adding that I have been to see a therapist as the thought of having a criminal record has brought back my anxiety?? 

I don’t know as is there not the risk it will provoke the reaction of “a shame the anxiety over the thought of a criminal record didn’t prevent you fare dodging in the first place” ?

Edited October 26, 2019 by BazzaS

[Lostboy123]

Noted Bazza , 

 

I’ll leave that part out then. 

From reading through the threads I saw that it helped someone’s case by buying a monthly or annual travel card. 

 

I plan to do this to back my honest intent to never reoffend. 

 

Also should I suggest the OOC amount or leave it to them to come with a figure ? 

The amount if I go to court is £389 

 

[dx100uk]

their call

[Lostboy123]

Hi guys this is the letter i will be sending to TFL, could anyone please suggest on anything i should change...

 

SHould i be more direct about seeking an OOC settlement ??

I would firstly like to express my sincerest apologies to Transport for London for having a fraudulent oyster card. Having thought extensively over the last several months about the severity of what I’ve done and the consequences it has on both: paying customers of TFL and TFL itself; I would like to make it abundantly clear that I will be purchasing a travel card valid for the entire year. I would also like to make a formal offer to TFL and any victims of my crime (taxpayer) to reimburse for the losses incurred with any surplus fees required.

 

My actions are inexcusable as it undermines a system, which is designed for everyone to pay fairly in accordance to where and how much they travel. Throughout the duration of possessing an illegitimate oyster card, I failed to comprehend my greed and lack of consideration for others and I am highly remorseful. 

 

Apart from this said incident; I would like both: TFL and those concerned to bear in mind my exemplary record as a citizen of London. I am an architecture graduate that is trying to pave his way in life and a criminal conviction would be a disastrous set back; the effect this would have on myself and my family’s life would be detrimental. This does not discount my actions however; I would like those concerned to bear in mind that I am doing my upmost to better my own life and the lives of those around me

 

Furthermore, this is not an excuse but I have been under extreme financial issues since graduating from university and this was the main reason why I had the oyster card. Proof of this can be submitted, however I should have sought alternative means of resolving my financial situation. At the time, being under stress as a newly graduate resulted in me acting out of character (as validated by my exemplary record).

 

Please be aware, apart from financially; I am more than happy to right any wrongs that I have done. This would include and not be limited to: community service on the railways, educational talks on what I’ve learnt, raising awareness through public domains and helping out the communities (tax payers) which I have undermined. 

 

I deeply regret this action as it has demonstrated a lack of care towards members of society and consequently resulted in determent for myself. Lastly, this is not only about my future, but I hope my lapse in judgment between February to April can serve as a strict reminder to other members of society on how to conduct themselves. Please note I am spreading my situation in order to make others aware of the moral flaw and implications of conducting yourself in such stead.

 

Please let me know if an alternative agreement can be made to settle this matter. The suggestions I have made are suggestions of my own volition. If there are any other methods or actions you would like me to take in order to appease those affected, I am more than happy to cooperate. 

 

My sincerest apologies,

[BazzaS]

Re: “The amount if it goes to court is £389” - that’d be the prosecution costs and unpaid fares that TfL are saying they would seek, not Including any fine the court might impose.

I agree it is better for you to await TfL’s suggestion than you suggesting a sum.

 

Re: Your letter. Can you offer assistance to TfL in tracing the original source for the fake card? (You mention a friend, but were they just a “middleman” / low-level intermediary?)

Edited October 29, 2019 by BazzaS

[Lostboy123]

Hi Bazza ,

 

Thank you for the clarification was a bit confused about the amount specified in their letter.

I am really hoping and praying to settle out of court as i have read that if you pay a fine in court it means you have a criminal conviction.

 

I'm starting out in my professtional career and a criminal conviction could likely make me lose me job & makei it difficult to get a new one.

It is my first offence and seems a bit exteme of a punishment on TFLs side. Do you think this is something i should reference? 

 

In answer to your quesiton i got the card from a friend who was an intermediary so I'm not actually sure how he aquired it.

 

 

[BazzaS]

Can you “lean” on your friend to get details to pass to TfL? Can you show how you paid for it, so they might trace it that way?

 

As for “it is my first offence and seems a bit exteme of a punishment on TFLs side.”

Do NOT try that tack.

Unless it absolutely was you getting caught on your first ever use of the card : it wasn’t your first offence. It was the first time you got caught.

Even if it was your absolute first offence, TfL have a prosecution policy. Unless you are sure your prosecution is contrary to that policy trying to suggest their actions “seems a bit extreme” doesn’t sit well with your expressions of remorse.

 

Suggesting that makes it sound like you are sorry that you got caught, not sorry you fare evaded.

[Lostboy123]

I will try and find out.

If he doesn't disclose is that going to be make or break you think ? 

I'll push as it is a serious matter but I'm not sure if he will tell me.

 

And thank you for the advice.

 

Do you think my buying a travel card will help my case to show my regret and intention to not reoffend ?

[dx100uk]

yes get a valid card now.

don't offer a sum 

read the numerous like threads here

simply offer to meet all admins cost and resultant equivalent sums to any fine you might receive should this proceed to a court hearing.

[honeybee13]

Hi.

 

I agree with what Bazza and dx have said, especially about buying an Oyster card now. If you're serious about doing the right thing, it doesn't look good that you've had a while to think about all this and that it's possibly only the court case that's focussed your mind.

 

You mention your 'exemplary' record as a citizen, but the only thing I understood about your record is that you have a degree in architecture.

 

This is only my view, but I preferred the tone of your first letter, even if the content needed amending. To me, the latest letter comes across in parts as you telling TfL what to do, which of course they don't need to. Phrases like 'Please be aware' and 'Please note', for example, don't come across to me as a letter pleading with TfL to allow you to settle out of court, which we think is likely to get the best result.

 

From what I've seen, TfL are running a concerted campaign against fake Oyster cards which are costing them a lot of money and putting fares up for other travellers, so in your place I would be using a more conciliatory tone.

 

Just my thoughts.

 

HB

[HereToHelpYou]

You got caught in Nov 2018 and it's dragged this long!?

 

- How long did you use the fraudulent card?

- Were you paying correctly for your fair before obtaining the fraudulent card?

- Can you get a statement from someone of in a  position of trust to vouch for your good character?

 

As mentioned, TfL lose a lot of money from oyster scams and they do not take it lightly AT ALL.

 

Lesson for all: please don't dodge fares. You break the law once and that can be a mark you carry for life.

 

Hope all goes well buddy. Don't lose hope.

 

[BazzaS]

From the OP’s previous posts : Court date in November 2019, not “caught in November 2018”.

 

It looks like OP used the card across 2 months (from “my lapse in judgment between February to April”), so they definitely shouldn’t say “my first offence”!

[HereToHelpYou]

Ah yes sorry, don't know how I misread that.

 

I agree, it wasn't a one off fare evasion.

OP, just wait for the response if you've sent the letter already.

 

Don't stress too much. Have you considered taking legal representation to court?

[honeybee13]

We don't normally suggest legal representation, HTHY. Why do you think it would help?

 

HB