Accidently took friends student oyster card - 1 use, got caught on bus - TFL fare evasion letter now SPJ

[Ethen1516]

Hi,

if someone can help me with my case with tfl.

 

 

few days ago I caught using student oyster card. Now I got letter asking me information with 3 options.

 

i reply to that letter on Provided email

I apologise and explained my situation that I’m allergic to dust and i start felling sort of breathing. As my medicine was at my home i left my friends house in rush and in rush i took his oyster.

 

When inspector came and check that time I realised i took it and touched wrong card.

 

I ask for paying fine the  amount and processing amount to avoid court to prevent criminal record.

I attached proof of my medicine which has my name on it.

And attached pdf from my gp showing high dust allergies. 
 

Its been 3 days now but I didn’t not get any reply back. 
 

I tried to find prosecution team contact number but I couldn’t find that number. 
 

if someone can help me what should I have to do now?  

Even I don’t know how to write letter to them as I’m new in this country.

Should I write letter in hand writing or in printed format?

 

help me please! I don’t want criminal record.

[dx100uk]

if you have already sent you plea

then you wait.

they will write or email you.

check spam folders too.

 

nothing more you need to do until they reply.

 

dx

 

[Ethen1516]

I’m so worried. So I’m thinking for my safe side should I post the letter? 

[dx100uk]

Its a simple one off mistake.

Not sure what you are worried about.

 

You wont get a criminal record over a human mistake, poss a small OOC will resolve it, in most cases like these they might not do anything and let it go.

 

Dx

[Ethen1516]

Hopefully They’ll reply quickly. And Positive Reply.

[dx100uk]

They dont have to reply.

They might not.

They have 6mts to move this fwd else it dies.

 

There have been a few cases of these honest mistake stoppages, whereby they just let it die as not necessary to pursue and never bothered to say we are letting it go.

[BazzaS]

It depends on what happens when they review the usage on the card.

They can also review the footage from any body-worn camera from the revenue staff : would your breathing difficulties have been apparent (though I suspect they would have called an ambulance if they were that obvious….)

 

How many times might you have used it while suffering from allergy? Were there others beyond the time you got caught?

 

How many similar journeys were made by the legitimate owner of the card?

Edited August 3, 2022 by BazzaS

[Ethen1516]

I just used it once while I’m in rush and that time Even I didn’t know that I touched his oyster. Otherwise the card owner using his oyster on regular basis.

[BazzaS]

if you were stopped at the start of the journey, did they ask you where you were travelling to?

 

if at your destination: they’ll know where you travelled to and from.

 

Is that journey a usual one for the legitimate owner of the card, where it might look like you’ve made that same trip before,  or will your journey look “out of pattern” (supporting your statement to TfL that it was a one-off, if they check the card’s usage)

[Ethen1516]

If they check card usage Journey timing is out of pattern.

 

As the card owner using card everyday two times - one in morning and one in evening. But on that day journey happened on same route as card owner route but timing is afternoon. So timing is out of pattern.

 

Only 1 bus coming nearby the card owner house so route and bus is same. But destination is different on that day I caught.

 

They asked me where I was started the journey and where I’m willing to go.

 

Card owner travelling everyday same stop to take bus but end stop is totally opposite.

 

they stopped me on nearly destination of my journey.

I’m one stop away.

And I get off from the bus straight away. 

[BazzaS]

The different timing / different destination helps support that this was a one-off, increasing the likelihood they’ll offer an administrative (“out of court”) settlement

Edited August 4, 2022 by BazzaS

[Ethen1516]

Hopefully They’ll settled OOC.

Right Now I’m just waiting for their Reply.

I’m ready to pay penalty fines and any administrative fees. 

Edited October 12, 2022 by dx100uk
unnecessary previous post quote removed

[Ethen1516]

Hi, 

 

if anyone up there and help me. They didn’t reply me. But they sent me Single Justice procedure notice. It’s asking me to tell them whether I’m guilty or not. Making plea. Is there any chance that I can settled out of court?

What shuld I do? Should I submit plea or should I mail them apology letter again?

 

if anyone have any information how can I contact them via phone call or email?

[dx100uk]

you should not have left this so long without chasing them up.

 

read this thread

 

it explains things 

 

 

dx

 

[Ethen1516]

They replied my mail. And they told me this

 

 

Thank You for your email dated 13th October 2022. I am Transport for London (TfL)’s Prosecutor/Investigator. I have conducted a review of the decision to prosecute you. In conducting my review, I have had due regard to the CPS Code for Crown Prosecutors and in addition, the Transport for London Revenue Enforcement and Prosecutions Policy.

 

I note the personal circumstances you have described in relation to a conviction, however, it would be inappropriate for TfL to pursue a policy not to prosecute in certain types of situations which would lead to discriminatory policy for certain professionals as opposed to other members of the public. The fact that this may possibly have an effect on an individual is not a valid reason to exonerate an individual of an offence.

 

Whilst I appreciate the offer from you to pay our costs so as to avoid a criminal conviction, there is no legal justification to allow an individual to pay costs so as to avoid a criminal record, unless you can point me to the legality of your proposal. The offence committed does not require intent and it is down to the passenger to have taken all reasonable steps to avoid the commission of an offence, however as you know the court can give credence where necessary. 

 

In the circumstances I am satisfied that this case should proceed in accordance with our prosecution policy, therefore a plea should be entered into court accordingly by the date stated on the paperwork sent to you. (19th October 2022)

 

Your Sincerely

 

 

 

should i mail them again? Is there any chance they can change their mind.?

[honeybee13]

So have you entered a plea to court?

 

HB

[Ethen1516]

Not yet. Due date is 19th October. I can do it by tonight or tomorrow night.

[honeybee13]

Are you pleading guilty?

 

HB

[dx100uk]

Plead guilty wanting to attend.

 

No judge is going to give you a criminal record for a human mistake.

 

keep pestering, and to the tfl officer there on the day.

 

just to be clear, thats a std reply from them, not 100% sure what is going on with their new no prisoners policy at present, but there are backwaters that have flooded that i know of and changes are a foot in terms of who and what is prosecuted coming...so my spy tells me.  

 

Dx

[hoteljk]

What do you mean by a foot? 

[dx100uk]

Rumour has it tfl prosecutions are being slimmed and only major fraudulent users will ever be referred to court in the future.  Most minor offences will be changing to a sliding scale FPN scheme.

 

Just about everyone that has attempted OOC has had the same letter, be it a one off mistake or 100 uses.  That doent make sence.

 

Dx

 

 

[Ethen1516]

Okay, Then I plead guilty and attending court. I’ll try on court date as well. 
 

 

[honeybee13]

Keep emailing up to the court date as well.

 

HB

[Ethen1516]

Hi everyone.

 

I submitted my plea on19th October. I didn’t get any decision letter yet. Today on 26th November I received further step notice letter from LCCC to pay the amount. The letter says following 

 

 

The amount you owe is £***.**

As you have failed to make payment as directed, you are hereby given notice that one or more of the following steps will be taken against you:

• Issue a warrant of control to enforcement agents to take control of your goods (which will incur additional costs).
  Register the account in the Register of Judgments. Orders and Fines. (This may affect your ability to obtain credit).
• Make an Attachment of Earnings Order (for deductions to be made from your salary).
• Make an application for benefit deductions (for deductions to be made from your benefit).
• Clamp, remove and sell your vehicle. (This will incur additional costs.)
• Make an application to the High Court and/or the County Court to enforce the amount outstanding. (This may incur additional costs.)
• If you move to a country in the European Union, apply to enforce the amount outstanding in that country.

Note: Other steps may be taken in accordance with regulations, including issuing a warrant for your arrest or increasing the fine by 50%.

If after steps have been taken the amount remains outstanding, the court may order that you are imprisoned for non-payment.

Payment in full of the amount stated above, within 10 working days from the date of this notice, will cancel any further action. Please contact this office immediately if you cannot pay as directed.

Appeal

You have a right to appeal to the Court against the Fines Officer's decision as set out in this notice. You must write to us stating you wish to appeal within 10 working days from the date of this notice. This is not a general appeal against conviction or sentence, but only against the Fines Officer's decision to enforce the amount in the way(s) set out in this notice.

Please mark all correspondence for the attention of the Fines Officer.

See reverse for details on how to pay.

Date: 20 November 2022

 

Please allow 5 days for any payment to reach your account.

- Or scan to pay

 

 

You will need to have your Division number *** and Account number ******** CG. Payments must be received on or before the date ordered

 

-By Phone:

Payments can be made 24 hours per day using credit or debit card (Visa, Mastercard or Maestro) by telephoning 0300 790 9901

You will need to have your Division number ** and Account number ******** CG. Payments must be received on or before the date ordered.

NOTE: Upon completion of your payment you will be given an authorisation number. You should keep this as proof of payment along with the date and amount paid. The court will not issue you with a receipt.

Note:

All payments must be made direct to HM Courts & Tribunals Service. Any payments made to any other party. including prosecutors or victims, may result in enforcement action as HM Courts & Tribunals Service will have no record of the payment. Amounts owed to other parties will be paid to them once the amount you have been ordered to pay has been paid to HM Courts & Tribunals Service.

There are a number of fraudulent websites that offer a service to pay your court fines, often with a discount.

Please be aware that the only way to pay your fine is via the official website, or using the payments telephone line, as above.

If you use any other service to pay a fine your account will not be credited with the payment, and you will still be liable to pay the debt. You may be liable to enforcement action for non-payment.

 

 

 

I don’t know the date of letter issued and if it’s 20th November I got letter today and paid amount today on 26th November. Is any action will be taken? 
 

what can I do to get decisions letter. As I don’t know that what was the decision. I tried to call on the number on, but it’s working only on Monday to Friday. 
 

 

please help.

[honeybee13]

So you didn't attend court in the end?

 

HB