TfL fare evasion used 11-15 years oyster card.

[Brea]

Hello everyone,

In January 2020 I was caught with a 11-15 years Oyster card on the bus, which was my cousins and it was taken. 

 

After I received a letter by post asking for my personal info. and the possibility to deny or accept the offence and give reasons to explain so.

I then answered only by giving my personal info. and  "I would be grateful for any opportunity to avoid prosecution." I didn't gave any explanations.

I came here in September 2019 and I wasn't aware of such importance in the matter otherwise I would have never have done such a stupid thing. 

I have never experienced something like this and I am very scared since I am here on a student visa and I am afraid that a criminal record will impact negatively my visa. 

 

Today I received the letters I have attached.

 

Reading in this forums other cases like mine, I wanted some help on how to ask an Out of court settlement, if this is possible, and if not how to write a plea that helps me not take a criminal record. 

 

 

 

20200706_164643.pdf

[honeybee13]

Hello and welcome to CAG.

 

I'm afraid I can't read your pdf documents. Perhaps you could read our upload guide [click on the word upload] and try again.

 

Best, HB

[dx100uk]

for how long and for how many journeys did you use the card approx..please

[Brea]

Hello thank you to welcome me.

I attached the pdf again and I have used that card for approx12 weeks but not everyday.  

tfl.pdf

Edited July 6, 2020 by Brea

[BankFodder]

The best thing to do is to be completely honest – and that means that if you did it then you say you did it. And you said you did it here – and so you had better tell them. If they think that you aren't telling the truth then that will tend to make matters much worse. The way to minimise the problem is to be completely honest and remorseful.

I have to make one comment which is that you say that you didn't appreciate the importance of such matters. Does that mean that you thought it wasn't very serious to avoid paying a fare? I'm afraid it is a serious matter – and in the UK in particular as you have now found out, it's treated very seriously.

I don't know which country you come from – but I know that there are some countries – not too far away from the United Kingdom – where people seem to avoid paying fares all the time and nobody takes a bit of notice – and controls a very rare.

So the message is, be completely honest about what you've done to avoid it getting any worse – and start to learn that these kinds of matters are serious – and in fact there serious in any country – but in some countries it simply is not enforced very well

[dx100uk]

so you should have expanded on the take her to school bit in your pleading letter.

as they don't know?

and you have not told them?

that you used it outside of this ONE offence you are charged for?

 

and anyway it could have been the child and you going to school or her on her own going to school/

 

you should write another pleading letter to TfL , IF its only this ONE ride they are charging you with

you should get an OOC.

they don't know you were a serial defrauder?

 

dx

 

[Brea]

@BankFodder  Indeed I do feel very ashamed of my poor judgement. I didn't say I do not appreciate the importance of such matters I said I didn't knew that was so important. In my country the max is a fine. 

[Brea]

@dx100uk  they wrote to my cousins parents too some month ago

 

they asked them why was the card of this child being used by another person.

 

They said that there was the possibility that they will take her right to have the card anymore away... And they know exactly how many times the card has been used, but they didn't mention anything in the letter I got. 

[dx100uk]

15 minutes ago, Brea said:

They said that there was the possibility that they take her right having the card anymore

 

 

sorry??

 

dx

 

[honeybee13]

And they know exactly how many times the card has been used, but they didn't mention anything to the letter I got. 

 

My understanding is that with an Oyster card they can see all of the journeys made using it for the last two months. I don't think it matters that they didn't say this in the letter to you but it's worth remembering that when you talk to them. Be careful that you don't tell them something that isn't true.

 

As dx says, how many times did you use this card?

 

HB

[Brea]

@honeybee13  yes, is like you said. I have used it for 2 or 3 months, but I don't know exactly how many times.

[Brea]

@dx100uk Tfl said that there is the possibility they will take off the right to my cousin to have a 11-15 oyster card again.  

[dx100uk]

well thats not an issue to you.

 

if you have have not received a SJP form with lots of sheets of other journeys for you to sign off as TIC

then i don't think they can prove the use was yours and not the designated user of the card.

 

since the even have your purchased or use a valid pass and have proof of this ?

what date is the SJP case please

 

dx

 

[Brea]

@dx100uk  I have received only the charge for this journey.  Sorry for my ignorance but what is a SJP? 

the charge has been made at 21 june  2020 but I received this only yesterday. Now they ask me to make my plea and I have 21 days to do so, but I want to try an out of court settlement. There is not any court date on the papers they sent me now though. 

[honeybee13]

Hi.

 

SJP = Single Justice Procedure. Here's some reading for you

https://www.gov.uk/single-justice-procedure-notices

 

If you want to ask for an out of court settlement, you need to deal with TfL. You could write to them if you have a contact name, there are examples of letters in threads here.

 

HB

[Brea]

Thank you @honeybee13. I will try to write one. I read here that even without the out of court settlement some people  have not received the  criminal record but only a fine. I don't know what to think anymore. 

[dx100uk]

put your letter up here 1st .

 

dx

[Brea]

Hello everyone, I managed to write a letter but since I am not very good to write such a letter in English I took parts from other letters published in this forum.  I am posting it but if it is not right please tell me and I will try to write another one. Thank You.

 

Dear Sir,

I write regarding the letter that I have received from you and concerning the occasion on when I was reported for travelling on your bus service on 17^th January 2020 in Pembridge Road/ Kensington Park Road using another person not transferable zip card.

 

I apologise profusely for my actions in this case. I pride myself on my integrity and honesty and I feel shameful for my moment of very poor judgement. As an international student under Tier 4 Visa conditions if this matter were to escalate further into court, it would lead to severe penalty from Home Office in my case, thus a criminal conviction would be devastating and I am afraid I will lose the right to remain further in the country.

 

As said above I am an international student. I have been in England less than a year and ignorantly I did not know the severity of such actions. This does not want to be an excuse for my offence, since I immediately understood how wrong I was, it only wants to be an explanation of  what let me take such a foolish decision of using someone else’s zip card.

 

I am extremely sorry for what may appear to you to have been an attempt to avoid my liability, but I must stress that this was not intentional.

I wish to apologise to the member of staff concerned and to TFL, I am just so sorry for my actions and the inconvenience caused to all involved. I am happy to make immediate payment of the unpaid fare and all the reasonable costs that my actions have caused and avoid a criminal record thereby allowing me to protect my good name.

 

I have never been in trouble with the law in the past and I am very sorry that my ignorance has led to this situation now.

I sincerely hope that you will accept my offer. I am now fully aware of the rules relating to the TFL freedom pass and tickets and can assure you that I will always ensure to hold a valid ticket of my own on any future journeys.

 

I would appreciate your consideration and I sincerely hope that you can show some leniency in this matter.

 

 

[dx100uk]

might be wise to introduce some reason upon WHY you used the card, not just repeatedly state it might kill you visa repeatedly??

[Brea]

It is a stupid reason but I really didn't knew I was going against the law. I might add that being a student in London is expensive and since my parents cant help me anymore with the maintenance and having only a part time job led me take this action, but there are not any other reasons. 

[dx100uk]

Well you need to show some financial reason for the temp lapse in reasoning..

 

And it would help to mention and send proof that since the event in January...you have used and purchased your own passes regularly so have learnt from your mistake

 

I would get this in today

Time is tight to court case

[Brea]

yes I have used a pay as you go card and my bank card. I have to sent them my banks statements to show them? 

And when you say "to show them some financial reason " you mean my part-time job salary?

 

[dx100uk]

you indicate your parents were helping you but had to cease,

was there a valid reason behind this?

 

 

[BazzaS]

Your proposed letter shows that it is a composite cut and paste from examples you have seen.

TfL will no doubt notice this.

If you use your own words and explanation it won't look like a "cut and paste". Don't worry that English isn't your first language, the people here can help you 'polish it up'. Just make it your own, rather than a copy.

[Brea]

@dx100uk my parents have paid for my tuition fee at uni and  I have worked since I came for my maintenance because they couldn't since only my mum works and my parents live in my country of origin. But I don't want to talk much about this because I don't want to cause problems with the condition of my visa.