Caught with Staff travel pass - 4mts use

[Shan89]

Hi CAG community,

 

Ive found my self in a very distressing situation today. Ive been using my brothers Staff travel pass since January this year to commute to work on daily basis.

 

Today I was stopped by the inspector and questioned. I panicked and showed him the card, I said I use my debit cards to commute but today I took the pass by accident in a rush but did not use it to which he said you did use it as we can see the light flash up as you scanned it.

 

In hindsight I should have just been honest and said I did use it. He took confiscated my card, took details and said TFL will get in touch as this is a high value pass which will result in court summons possibly. 

 

I had no idea at all that this could potentially lead to a court summons, I was under the impression it will potentially result in a fine. I know I shouldnt have used it and what I did was completely wrong. Im not going to make an excuse as to why I did it because its just wrong, I cannot explain how remorseful I feel at my actions.

 

Since this encounter today Ive been extremely depressed and unable to focus on anything as I work for the NHS who require a clean DBS and enhanced DBS for employment. I feel like I'm going to loose my job over saving a few hundred pounds in the last 3 months if this goes to court.

 

I have read various forums in regards to Misuse of travel passes but most do not follow up with the outcome of this case so am not sure what to expect.

 

From what I have read, I will possibly receive a letter from TFL to which I must  reply within 10 days ( I intend to accept guilt and following the advice of community ask them if they can allow me to pay all of the fares plus the company's reasonably incurred costs in order to dispose of the matter without Court action).

 

Im not very optimistic that they will settle out of court if they check the pass and see the same journey being undertaken for the last 3 months. 

 

Could you please advice what should I do, I really cannot afford to have any form of conviction on my database as it will certainly end my career in the NHS after studying for 5 years to become a doctor. 

 

Any advice will be greatly appreciated 

Edited April 7, 2022 by dx100uk
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[BankFodder]

Apart from the fact that you should simply put your hands up to everything and be scrupulously honest about the way you deal with this, you had better contact your brother immediately because it is quite likely that he will come under suspicion as well and this could have a very bad effect on his job.

The best thing to do is to be open and frank with everybody

[dx100uk]

Sadly i think you are for the high jump here.

 

If anything, staff pass misuse is considered the very worst type of fraudulent misuse because it involves a member of their staff and that member of staffs honesty and integrity.

 

He must never ever admit he knew you were using it, he could lose his job, future pension and everything if he does

 

you won't escape a court conviction, you wont avoid a criminal record and your fine will be the top tier

 

Dx

 

 

[Shan89]

Hi thank you for your swift response, When you say criminal record will that be under the Byelaw or the Regulation of Railways Act 1889?

 

Would it help if I mention Prior to this incident I had been paying the normal travel fare for the last 2 years and this lapse in judgement to use staff past for 3 months, being in NHS help in any way to get some form of compassion for a OOC settlement?

 

 

[dx100uk]

Won't matter but if you are lucky it will be byelaw rather than the more possible charge of fraud with intent.

 

Type in staff+pass in our search of the red banner up top.

 

imho no nhs cant help you no.

[Shan89]

 

Nothing comes up other then this post? what am I looking for?

 

Are there any other cases on this forum in similar situation and what was there outcome?

[dx100uk]

Programmable Search Engine (google.com)

clickme^^^

 

particularly the 1st one from 2010 and the post by Old-CodJA

 

we rarely see conclusions 

please come here for advice, abuse it and never comeback.

 

dx

 

[BazzaS]

1) await “the letter” and update here what they say they are considering proceeding under.

2) When you get “the letter” : update here.

I’ve noticed recently that they seem to be more vague about the Byelaw / Act they are considering acting under

This could from Byelaw to Regulation of Railways Act to (worst case scenario!) Fraud Act (for fraud by false representation)

3) Do NOT lie in any response: if you get caught in a lie, it’ll harden their resolve.

4) That being said: don’t offer info they don’t ask for. If they don’t ask about other journeys : don’t raise them! 

5) Are you a member of a medical defence organisation (such as MDU or MPS)?

If so involve them early.

6) IF it goes to court, and IF you get a conviction : inform the GMC. It is far better for you to tell them than them to find out elsewhere and have to chase you.

 

An entry on a eDBS and a telling off from the GMC aren’t necessarily the end of your career as a doctor. I know of at least one Consultant who faced the GMC for shoplifting but didn’t get suspended (let alone struck off)

 

Just checked MDU and MPS sites.

Don’t expect them to offer legal advice regarding anything to do with any possible charges / Magistrates Court issues BUT do inform them : they can offer support around the other issues (that arise from you being a Dr, like GMC issues)

[Shan89]

 

Thank you so much for your response, I cannot explain the depression this has paralysed me with of the repercussions I face. Ive been unable to go about my day being in the unknown and expecting the worst. 

 

I will update as soon as I receive the letter and respond in complete honesty for best resolution. I will look into the defence organisation but don't expect much from them. 

 

I will follow up when I have more information and update the forum till the end of the outcome of the case in order to help others. 

Edited April 8, 2022 by dx100uk
unnecessary previous post quote removed

[Shan89]

Hi,

Just received this letter today from tfl. It doesn't say what they are considering proceedings under, just says "the facts of this incident are being considered and I must advice you that legal proceedings may be taken against you in accordance with TFL prosecution policy" 

 

Do they not usually mention what they are prosecuting under in this initial letter?

Would it help to mention I was awaiting my nominee pass which was submitted 2 months ago?

 

1st tfl letter.pdf

[honeybee13]

As dx said on this thread or another recent one, TfL don't seem to be stating which statute they might use and maybe they're waiting to see what people say. You don't need to tell them anything they don't know but I'm not sure what to suggest about taking other uses into account. See what other people think.

 

HB

 

 

[Shan89]

I am planning to write a letter in response to this by the end of this weekend and send it to TFL as soon as possible.

Could you please advise me on what to include? 

I’ve been using my direct debit card as a form of travel card before all this. I have now purchased a 3 month travel card as a means to show I am committed to paying my fares and will continue to do so. 

 

@dx100uk I would also appreciate your  advice and recommendations, seeing your experience and active engagement on this forum 

 

thank you 

[dx100uk]

sorry - we don't nurse maid.

 

you need to READ all the threads that you see might help you...don't stick to threads specifically related to staff pass though.

 

Public transport (Trains, tubes and buses) - Consumer Action Group

 

 

 

 

[dx100uk]

hows this going?

 

dx