Fake 16+ oyster card - used for a year - caught on the bus - HELP

[pasta284]

Hi, I'm in a similar situation to this thread

 

 

I was stopped by a ticket inspector on the bus who took my 16+ oyster card. This card has my name on it and I've been using it for the past year. I gave them my details and they kept asking me if I knew the name of who gave me the oyster, which I didn't at the time. 

 

 

Can someone please inform me of the worst case scenario? I'm more than happy to pay the fines but I can't afford a criminal record as I've just accepted a job at the NHS and this will impact the DBS checks they're currently doing on me now. 

 

I'm prepared to be completely honest about this situation. I genuinely could not afford to pay the full travel price which is why I applied for this fake oyster via a friend that I was referred to. I'm genuinely completely sorry for this offence and I'm scared of what is to come in terms of court summons, which I expect. 

 

Your help would be appreciated. I'm writing on here as I've just made this account and I can't figure out how to make my own topic thread. 

 

Thank you. 

Quote

 

 

[pasta284]

Hi Everyone,

 

I'm in desperate need for some help. I was stopped by a ticket inspector on the bus who took my 16+ oyster card yesterday. This card has my name on it and I've been using it for the past year. I gave them my details and they kept asking me if I knew the name of who gave me the oyster, which I didn't at the time. 

 

Can someone please inform me of the worst case scenario? I'm more than happy to pay the fines but I can't afford a criminal record as I've just accepted a job at the NHS and this will impact the DBS checks they're currently doing on me now. 

 

I'm prepared to be completely honest about this situation. I genuinely could not afford to pay the full travel price which is why I applied for this fake oyster via a friend that I was referred to. I'm genuinely completely sorry for this offence and I'm scared of what is to come in terms of court summons, which I expect. 

 

Your help would be appreciated. I'm yet to receive the letter as this incident only happened yesterday. 

 

Thank you. 

[honeybee13]

Hello and welcome to CAG.

 

I expect people will be along to advise over the course of the day but in the meantime have a read of other fake Oyster card threads here,  we have a few. 

 

HB

 

 

 

[pasta284]

Thank you for your response. I've read through some of the threads, however I haven't found any in a similar situation to mine where the overall outcome of the investigation has been posted (whether it was an out of court settlement or a conviction that resulted in a criminal record). 

 

I'm aware that what typically happens is that you're taken to court where they give you a £1000 fine and a criminal record of 12 months (or 11 years if its an enhanced DBS check). This is the information I received following contacting a the TFL legal advice team. 

 

[dx100uk]

Thats not really correct. There is no set fine or anything.

but knowingly and purposefully using a fake card for a complete year you are definitely in for a severe high jump.

 

 

Thread title amended.

[pasta284]

I understand, from your past experiences, what will be the consequences of this? Any information would be appreciated. 

[dx100uk]

it will all be down to the letter they send

pointless speculating till then.

 

if luck follows you, and you pleading letter does its job, you might get away with a single actually offence, the rest being TIC.

 

there is no better way to prepare than to read every fake 16+ oyster card thread here.

 

use our search top right.

 

 

[pasta284]

Thank you for this. I've just received the letter from TFL asking me to explain the incident and accept/deny to committing the offence. I'm assuming this will require me to write a mitigating letter explaining my circumstances and how I resolved to purchasing this fake oyster. I've definitely done some deep thinking and feel remorseful for my actions.

 

Some of the circumstances I was to include is the fact that at the time I was unemployed and searching for work. As the eldest in my family and with my mum being unemployed and acting as a carer for my sister (who's autistic) and brother (who has ADHD), she really relies on my financial support (bare in mind she was not aware of me using this 16+ oyster). My grandma who lives back home also had a stroke last summer. As there is no public health service I had been paying her medical bills. Do you feel this information is sufficient. 

 

Do you feel this information will be too much? I'll be drafting my letter shortly and send it here. Any feedback or comments would be appreciated. 

 

 

 

 

[dx100uk]

black highlighted bit from the letter please.

 

dx

[pasta284]

The black highlighted bit from the letter is the following: "In order for TfL to deal with this case correctly, please return the information requested on the reverse of this letter by email to [email protected] within 10 days, including the case number stated above. Alternatively, you can send the letter by post"

 

Otherwise I'm not sure what other black bold/highlighted bit you are referring to? 

 

I've received the same letter as others in a similar situation. 

[dx100uk]

Sorry must be a diff form

what you are charged with typically should mention byelaws

[pasta284]

It doesn't say that I've been charged with anything yet. Although it does mention that the 'facts of this incident are being considered and I must advise you that legal proceedings may be taken against you in accordance with Transport of London's prosecution policy" 

 

I'm assuming they're still investigating and want to hear my side of the story first before making a decision on whether to proceed with prosecuting me or not? 

[honeybee13]

3 minutes ago, pasta284 said:

It doesn't say that I've been charged with anything yet. Although it does mention that the 'facts of this incident are being considered and I must advise you that legal proceedings may be taken against you in accordance with Transport of London's prosecution policy" 

 

I'm assuming they're still investigating and want to hear my side of the story first before making a decision on whether to proceed with prosecuting me or not? 

 

I agree, they want to hear from you. If you want to post up your proposed letter, we can help you to refine it.

 

HB

[pasta284]

Thank you very much HB. I plan on writing this today and will post the proposed letter later on this afternoon. 

[honeybee13]

Sound contrite if that's how you feel, keep to the facts and don't waffle too much.

 

HB

[pasta284]

As promised, I've written my letter of plea below. I used some of the other mitigating letters that were settled out of court as a guide. Your feedback and comments would be highly appreciated.

 

*****

 

I accept the offence and I would like to take this opportunity to sincerely apologise for my actions. I am deeply remorseful and cannot excuse my poor judgement in purchasing an oyster card that I was not eligible for, and I understand the severity of my actions as well as the impact it has on Transport for London’s services. Therefore, I would like to make it abundantly clear that I have purchased a monthly travelcard that I will be using from now on.

I understand that I have made a very bad decision in purchasing and using this oyster card. This was primarily used to attend interviews (as I’ve only been able to work under temporary contracts this year) and commute to work. Being the eldest child, and my mother acting as a full-time carer to my younger sister who suffers from Autism and my younger brother who has been diagnosed with ADHD, there has been a financial pressure on me to support my family. My grandma who lives overseas suffered from a stroke last year, so I was also required to support her medical bills. Despite my situation, there is no excuse for my actions, and I can admit that what I did was wrong and unlawful.

 

At the time of purchasing the oyster card, I was unemployed and searching for work, while still attaining the responsibilities of supporting my mother (who was completely unaware of this misuse of the 16+ oyster). I had come across an individual online who was able to arrange this oyster card, where I transferred him £65 in return for a valid 16+ oyster card which I received in the post. I’m not aware of how this person had arranged this to happen, but I’d be happy to aid you in finding this individual.

 

I have no previous convictions and have lived as a productive member of society. I have recently accepted a new job offer where a criminal conviction may prevent me from being able to work and there is a possibility of the termination of my contract, due to the extensive DBS checks that they carry out. I also regularly volunteer as a tutor and mentor young adolescents in my local area and have been doing so for the past 2 years. A criminal record would not allow me to continue to contribute to my community in this manner.

 

Lastly, I’d like to thank TFL for allowing me to write this letter of plea, and I appreciate how hard I am deeply remorseful for committing this offence and have deeply thought and regretted the decision I made in using this fake oyster card. I would be grateful if you could allow me to make the immediate payments to make up the costs in order to re compensate the financial burden that I have put on TFL in consequence of my actions. I’m also prepared to pay back any administrative costs that have resulted from my misconduct and would like to highlight that I have purchased a monthly travel card to ensure that I will not be repeating this offence.

 

Thank you for taking the time to consider this letter. I’d like to apologise again for my wrongdoings, and I sincerely hope you can forgive me, and I hope I can rely on your leniency in this matter.

[pasta284]

Hi @honeybee13 @dx100uk  I've uploaded my proposed letter above. Please feel free to provide me with your thoughts and any feedback, thank you!! 

[honeybee13]

Hi.

 

I think it's a good start, well done.

 

This is my personal opinion, but I would change things like ' Therefore, I would like to make it abundantly clear'. You're asking them to help you and this [to me] sounds like lecturing. I would remove it and add something about buying the new card because you don't want to repeat your mistake, or similar. They want to think that you've learned a lesson and will never do this again.

 

HB

 

 

[pasta284]

Hi HB, thank you so much for getting back to me and providing your feedback. I do agree and I've taken your advice and adjusted the sentence accordingly. It now reads like this: 

"Therefore, to ensure you that I have learn my lesson and the same mistake will not be repeated, I have purchased a monthly travelcard that I will be using from now on."

 

You mentioned that its a good start, but I'm assuming its not good enough. Is there anything else you could suggest that I could include? To support my statement, I'll be providing the receipts from my monthly travel card, and my grandma's medical records along with evidence of money transfer. Do you feel this would be necessary? 

 

Thank you again for your help. 

[dx100uk]

pop in later pasta...gonna be in/out like a yoyo till the early hours.

[pasta284]

Okay thank you dx100k, look forward to hearing from you.

[dx100uk]

I had come across an individual online who could arrange an oyster card whereby I transferred him £65 in return for a valid 16+ oyster card which I received in the post. I was not aware of the implications involved in using this person to arranged such a card and i now realise such a card is fraudulent,  I am willing to aid you in finding this individual.

 

I understand that I have made a very bad decision in purchasing and using this oyster card.

 

This was primarily used to attend interviews (as I’ve only been able to work under temporary contracts this year) and commute to work. Being the eldest child, and my mother acting as a full-time carer to my younger sister who suffers from Autism and my younger brother who has been diagnosed with ADHD, there has been a financial pressure on me to support my family. My grandma who lives overseas suffered from a stroke last year, so I was also required to support her medical bills.

 

Despite my situation, there is no excuse for my actions, and I admit that what I did was wrong and unlawful.

 

I accept the offence and I would like to take this opportunity to sincerely apologise for my actions. I am deeply remorseful and cannot excuse my poor judgement in purchasing an oyster card that I was not eligible for, and I understand the severity of my actions as well as the impact it has on Transport for London’s services. 

 

I have no previous convictions and have lived as a productive member of society. I have recently accepted a new job offer where a criminal conviction may prevent me from being able to work and there is a possibility of the termination of my contract, due to the extensive DBS checks that they carry out. I also regularly volunteer as a tutor and mentor young adolescents in my local area and have been doing so for the past 2 years. A criminal record would not allow me to continue to contribute to my community in this manner.

 

Lastly, I’d like to thank TFL for allowing me to write this letter of plea, and I appreciate how hard I am deeply remorseful for committing this offence and have deeply thought and regretted the decision I made in using this fake oyster card.

 

I would be grateful if you could allow me to make an out of court settlement in order to re compensate the financial loss and trouble that I have put on TFL in consequence of my actions. I’m prepared to pay back any administrative costs and any sum equal to any potential fine that have resulted from my misconduct

 

i would like to highlight that I have since purchased a monthly travel card and will continue to do so to ensure that I will not be in a position to repeat this offence.

 

Thank you for taking the time to consider this letter. I’d like to apologise again for my wrongdoings, and I sincerely hope you can forgive me, and I hope I can rely on your leniency in this matter.

 

....................

 

re jigged

 

dx

 

 

[pasta284]

Thank you dx100k for your feedback. Could you please inform me on the purpose of rejigging the letter? Would it simply read better or does it now come across as more convincing, etc.? 

 

Also, what are your thoughts on the evidence I've decided to also include (receipt of monthly travel card, grandma medical records and evidence of money transfer? Do you feel it is necessary? 

 

Thank you again for your help.

[dx100uk]

the letter asks for your version of what happened.

 

its always better to put 'the how you came about the card first' then why you did that unfortunate action

just reads better and runs better

 

as for any evidence that is not necessary, those important matters are already mentioned in your pleading letter.

 

I have slightly amended the lower part again.

 

 

[pasta284]

Hi Everyone, 

 

as expected,  Tfl have gotten back to me with a court date in May where I'm being displaying an oyster card I was not entitled to (they only found 2 months of use, 251 uses).

However I've also been asked to plead guilty/not guilty.

I'm a little confused here as I've already pleaded guilty in my previous letter.

What will happen if I appear in court and I plead guilty?

 

Also there is another form attached titled 'offences taken into consideration', mentioning that if I admit the 251 suspected uses were me and I compensate for those (worth around £500), I won't be prosecuted for these either.

However the catch is I need to admit this in person on my court date. 

 

I'm planning to see a lawyer this week to go through the paperwork with me and see if I can possibly get an OCC.

 

Based on previous similar cases, what do you think the likelihood of getting an OCC is looking like?

Also, what would you advise that I do next?

Should I write again to tfl or the court? 

 

Thank you for your help!