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

[dx100uk]

a solicitor will cost you dear and will be of little use. they never are on these cases.

 

can you scan up what you have been sent please to one multipage PDF

read upload carefully.

 

there are several cases here with months/years of TIC usage whereby compensation due to those was not requested.

have you been reading up since November on them here..as CAG is self help too!!

 

dx

 

[pasta284]

I have been reading up on threads with similar cases, unfortunately I can't go off any of them as no on has mentioned the outcome of their court case.

 

There are solicitors that specialise in fare evasion cases that I've been in contact with and are willing to help.

Money isn't an issue as I'm willing to spend to receive the help I need to get me out of this mess. 

 

As much as I'd love to scan the info here, parts of it do include personal information that I don't wish to share on a public platform. What the letter includes is a description of where and when I was caught, a statement from the inspector, and the following sentence: "Analysis of card usage showed that in the previous two months the card had been used for 251 journeys, totalling unpaid fares of £526.95".

 

"An application will be made in court for a £338 contribution towards the costs of TFL. There was also be an application for compensation of £1.50 fare in the fare avoided. Further costs may be incurred if additional documentation is required or if the matter is not resolved at the earliest opportunity"

 

What's CAG if you don't mind me asking?

 

As advised, I've read around the fare evasion cases that have reached a court summons, and it seems like an OOC seems unlikely for 251 uses. 

 

Previous successful OOC's have mentioned calling Tfl directly and using my case number to reach the prosecutor to explain my mitigating circumstances. Does this work?

 

I'm not all bothered of the fines my main worry is getting a criminal record, which I feel will happen if I appear in court and plead guilty even to the one offence. 

 

As I mentioned in my letter I work in the NHS and my contract states it can be immediately terminated if I commit a criminal offence.

if I appear to court in May and I'm convicted that will risk me losing my job.

My family are very reliant on me so having no job will make it extremely hard to get by. 

 

I've been nothing but anxious about this for the past few months and I'm running out of options.

Now you've mentioned how solicitors can't help I'm becoming hopeless and don't know what to do. 

[dx100uk]

CAG is this forum ..us the consumer action group....

 

I believe there are 2 cases here whereby excessive use got OOC.

as for others not coming back

well that is sadly quite usual, leech and run 

but typically it means they won.

 

I seriously doubt you'll get a conviction if it kills your  employment and thus your family though you must play this right.

 

we know the letter has pers info

that why if you read upload its states remove anything that can ID YOU.

as others have done with the exact same letter several times here.

 

going to specialist sols doesn't really help

your main pleading issue is what I said above.

 

sorry ofcourse you are asked for a contribution toward the TOC charges yours is highbut 251 in two months?? is that possible

dx

 

[pasta284]

Sorry for the dumb question about CAG.

Does it normally mean the prosecutors have won?  If you don’t hear back from other people. 

 

But it also has personal info regarding where I got caught and it might make it obvious that it’s me to others including tfl (I don’t know if they really go on this site much) 

 

I know, I used to for my last week at work and I was unemployed going to job interviews and the library etc.

My area doesn’t have many train stations resulting in me having to take the bus everywhere and I think that’s what is adding up. 

 

I will upload the documents later today, thank you for your support. 

 

Realistically speaking I’d just like to know the likelihood of me getting a criminal record just so I can mentally prepare for this and it isn’t a shock on the day.

 

Also, can you please send me the link to the two cases where excessive use got OOC? I’m yet to find these particular cases. 

[dx100uk]

6 hours ago, pasta284 said:

Sorry for the dumb question about CAG.

Does it normally mean the prosecutors have won?  If you don’t hear back from other people. already answered this..

 

But it also has personal info regarding where I got caught and it might make it obvious that it’s me to others including tfl (I don’t know if they really go on this site much) - so what? 

 

I know, I used to for my last week at work and I was unemployed going to job interviews and the library etc.

My area doesn’t have many train stations resulting in me having to take the bus everywhere and I think that’s what is adding up. 

 

I will upload the documents later today, thank you for your support. 

 

Realistically speaking I’d just like to know the likelihood of me getting a criminal record just so I can mentally prepare for this and it isn’t a shock on the day.

 

Also, can you please send me the link to the two cases where excessive use got OOC? I’m yet to find these particular cases. - how about you read again your very first post?

 

dx

[pasta284]

I understand you’ve answered it but you didn’t make it clear, did you mean the tfl prosecutors win the case? Or the defendant? 

 

I’ve read the first post regarding misuse of an 18+ student card, but his case didn’t go to court so there’s not much I can compare with. 

 

I’ll definitely send a pdf of the documents I received this afternoon. Thank you for the help 

 

[dx100uk]

2 hours ago, pasta284 said:

I understand you’ve answered it but you didn’t make it clear, did you mean the tfl prosecutors win the case? Or the defendant? - dunno we've not got a crystal ball.

 

I’ve read the first post regarding misuse of an 18+ student card, but his case didn’t go to court so there’s not much I can compare with. - you need to read the other thread in that one - replead your case to TFL again.

 

I’ll definitely send a pdf of the documents I received this afternoon. Thank you for the help 

 

dx

[pasta284]

Just here with an update...

 

My dad managed to get in contact with the tfl prosecutor dealing with my case, however because she could only disclose details of the case with me she passed on her number. I’m due to contact her this afternoon to discuss if there’s a possibility of an OOC. 

 

One thing she did mention to my dad, is that this is not a criminal case and the conviction (if I’m convicted) isn’t likely to come up on my DBS. I’m going to double check today anyways to see if this is correct. 

 

Is there anything else I should mention that would help my case? Apart from the possibility of me losing my job as it is still considered as a criminal offence. 

 

Thank you again!

[BazzaS]

How come it is a conviction & not a criminal case?

You can’t get “convicted” other than a criminal case.

 

The issue, I imagine, is if it is a “recordable” conviction, and if it would show on PNC / a DBS / an eDBS........

[pasta284]

I’m not sure, I’m just going by what they’ve said to my dad but I can confirm what sort of case it is later. 

 

Yes my main concern and worry is whether it is a recordable conviction that will turn up on my DBS.

[dx100uk]

only shows for a year on the enhanced DBS check I believe? but for visa stuff it has to be reported?

 

lay it on thick how this will effectively destroy your career and future employment and the family finance implications

 

prosecutors aren't interested in destroying lives. BUT you have to understand you are in a responsible employment position in the public sector,

you purposefully purchased a fake card, that is fraud, you are very luck not to prosecuted for that, 

you purposefully used it for a year to defraud the public purse, you are very very luck to only get done for one trip and the others being TIC.

they could have thrown the book at you...they didn't.

 

you are not in a strong position here to avoid a criminal record...BUT, you are one of 1000's of people that get caught with these fake social media attained cards. They do make an example of people in certain jobs and use those as publicity in the media... again you are very lucky here.

 

all of the above needs to be sincerely conveyed when on the phone, making sure you express you understand fully what you have done. sometimes that's as big of a winner in getting an OOC as are the effects upon your life/others

 

dx

 

[BazzaS]

For an eDBS : it used to be :  if it goes on it can stay on forever, but is now subject to “filtering” (even eDBS’s have filtering now).

 

https://www.gov.uk/government/publications/dbs-filtering-guidance/dbs-filtering-guide#positions-where-filtering-does-not-apply

 

• cautions relating to an offence from a list agreed by Parliament (see below)
• cautions given less than 6 years ago (where individual 18 or over at the time of caution)
• cautions given less than 2 years ago (where individual under 18 at the time of caution)
• convictions relating to an offence from a prescribed list (see below)
• where the individual has more than one conviction offence all convictions will be included on the certificate (no conviction will be filtered)
• convictions that resulted in a custodial sentence (regardless of whether served)
• convictions which did not result in a custodial sentence, given less than 11 years ago (where individual 18 or over at the time of conviction)
• convictions which did not result in a custodial sentence, given less than 5.5 years ago (where individual under 18 at the time of conviction)

[dx100uk]

so what does that mean in English...

 

dx

 

[BazzaS]

It means you go and read the document, and then maybe Nacro and “unlock”/ the hubs guidance on filtering, and then, if it isn’t clear to you : you can ask.

 

Mind you, I’ll be reading the same documents...... so may not add much unless it’s a query covered by my DBS / eDBS knowledge.....