Caught using my mother's freedom pass irregularly since summer

[lynxer]

I have been using my mother's freedom pass irregularly for the past months (since summer?) and was recently caught .

I know, I know this is wrong and dishonest, and I am extremely regretful. I am also anxious that I lied to the inspector as well, and worried about whether coming clean will hurt my case further.

The inspector asked to check my ticket immediately after I tapped into the London Underground, and with a sinking feeling, I handed over my mother's card. I was scared and panicked, and tried to play dumb about why using her card was a bad thing, having just grabbed whatever oyster card was on the table when leaving the house today.

I eventually owned up that it is clearly wrong to use someone else's card and I fully admit to doing so. in my initial panic, I told the inspector that I have only used it this once, and he did warn me that lying can make things worse, and that they can check CCTV footage. I was just in a high state of anxiety and was worried if I backtracked on my words that I would look even worse. I was also really worried about getting my mother in trouble, and wanted to just take all the blame and attention by saying that I just took it without her knowledge.

He asked some questions (eg like what tattoos I had to identify on camera which I answered honestly although I was covered up), confiscated the card, and explained that a letter will be sent to me letting me know if TfL was going to prosecute me, but that I may potentially be able to settle out of court. I am very worried about having a criminal record and it's impact on my career in healthcare and other future immigration prospects.

I have not been using my mother's card regularly, there would not be any particular pattern beyond common starting points and ending destinations, but my mother and I are both registered to the same address. I have also been using my own card to pay for my tfl journeys in a regular pattern (not in any premeditated way to game the system, I was just not thinking!)

Based on reading this forum extensively, I have seen some advice about not admitting to what has not been accused (yet), but I worried that they will check the CCTV footage instead of eyeballing the pattern of regularity. (I am now also worried that the inspector might check these forums and recognise the case???)

So far, based on other threads I've read, I have drafted the following begging letter even though I have not received TfL's letter in the mail yet:

 

Quote

 

Dear Sir/Madam,

Thank you for the opportunity to explain myself for my actions on [date].

I would like to start by first deeply apologising to TfL and staff for my shameful actions.

I take full responsibility for my mistakes and have no one to blame but myself for making such a poor decision. I understand that the TfL can only operate if everyone pays for their fare correctly, and in using my mother’s oyster card, I have broken the implicit trust that TfL has in their commuters. I am sincerely remorseful and ashamed of myself, and I fully appreciate the severity and stupidity of my transgressions. Again, I would like to offer my sincerest apologies.

I acknowledge that this does not excuse my behaviour in any way whatsoever, but I would like to assure you that I am not a prolific fare-evader, and have normally been a dutiful paying commuter. I have previously bought an annual travelcard in January 2020, and have also attached evidence of consistently paying for pay-as-you-go credit for my student Oystercard until its expiry in September this year. Since then, I have also consistently used my bank card for journeys on TfL services (please see attached bank statement). I very much regret my thoughtlessly dishonest behavior, and will not be engaging in such shameful behaviours in the future, and have since also purchased a season pass on the TfL (not yet but will attach proof of this).

I am normally a law-abiding member of society, and have not had trouble with the law in the past, and I am deeply ashamed by my actions. I have worked hard in the NHS for the past 7 years, and I have been extremely anxious that my momentary lapse in judgement may result in prosecution and a criminal record that will severely damage my career and future prospects. While I recognise that my actions are wrong and inexcusable, I would like to humbly request, if possible, for the opportunity to rectify my wrongdoing by paying any costs incurred as a result of my actions outside of court, including any administrative fees and any penalty fine that you deem appropriate.

I once again deeply apologise.

Sincerely, lynxer

 

 

I am also unsure if I should attach my student oystercard statement, as I previously had an unrelated incident in which an inspector fined me for, for not having my physical railcard with me on my over ground journey, as my oyster card has its discount attached to it.

I knew I had to carry my railcard with me on rail journeys as stated on the card, but genuinely did not know that I needed to carry my railcard with me on tfl journey, nor was it written on the card or expressed to me when a staff member attached the discounts for me. I stated as much in my appeal of the fine, and tfl waived the fine eventually, but I am worried that they will use this incident against me in this case.

I fully admit that I have done wrong, and I have no real excuse or mitigating factor to explain my wrongdoing. However, I am also extremely anxious about the ramifications of having a criminal record, and would like to try as much as possible to avoid that outcome if possible, and would appreciate any advice for my situation/letter!

Thank you in advance!

 

[dx100uk]

await the letter

if there's no clear regular daily pattern OOC might be possible.

dx

 

[honeybee13]

Hi.

I'll have a look at your draft letter later. Could you tell us why you were using a student Oyster card but you say you've worked for the NHS for seven years, please?

HB

[lynxer]

Thank you for looking at my draft letter. I was working for the NHS part-time whilst taking a post-graduate course, and so I qualify for my student oyster.

[dx100uk]

your past 'misdemeanour' will not now be on record i suspect.

they wont bother with CCTV. its not worth their time in wages and they only, from what we've understood over the years, might have 2mts footage stored.

On 18/12/2023 at 22:18, lynxer said:

i acknowledge that this does not excuse my behaviour in any way whatsoever, but I would like to assure you that I am not a prolific fare-evader, and have normally been a dutiful paying commuter.

what excuses you>? i would not  be putting the red bit.. and phaps delete the whole sentence....

On 18/12/2023 at 22:18, lynxer said:

I have previously bought an annual travelcard in January 2020, and have also attached evidence of consistently paying for pay-as-you-go credit for my student Oystercard until its expiry in September this year. Since then, I have also consistently used my bank card for journeys on TfL services (please see attached bank statement).

you are almost giving them time windows to go look in for like travel journeys on your mums card? when your cards were not then valid? hey go look here??

On 18/12/2023 at 22:18, lynxer said:

I have been extremely anxious that my momentary lapse in judgement

i would ditch momentary

dx

[Mycathasfleas]

Just a note on the CCTV issue. It would be more likely that the card use database would be where TFL start. From that decide whether it is worthwhile sitting at a terminal in Palestra House scanning foot traffic at barriers 

[honeybee13]

I've had a look at your draft letter and it's not bad, although I think it repeats a couple of things. The best thing now is to wait until their letter arrives and see what they say you did. If they mention other journeys on the Freedom card between the same destinations we may need to reword what you say.

But if they don't mention other occasions, you don't have to tell them.

HB

[lynxer]

Dear all,

Thank you for your input and feedback. I have now sent in my response per all your advice after receiving their letter, which did not have any specific information on it.

Fingers crossed!!!

[dx100uk]

what happened?

dx

 

[lynxer]

Hi all,

Just to update.

I have been served with a SJPN, and will be pleading guilty.

I've had the past couple of months to come to terms with this very likely outcome.

I'm not excited about having something on my legal record, but I'm also trying to keep things in perspective and it's not the end of the world. 

Regardless, I really appreciate all your help when I was most anxious on the day of the offence.

You're all doing good work!

Oh just to add for whoever might find this helpful:

Quote

If you are found guilty you may have to pay a financial penalty which usually is made up of these four parts:

Costs* Transport for London will apply for at least £250.00 towards its prosecution costs
Fine the amount will be decided by the court based on your circumstances
Surcharge this will typically be 40% of the fine amount. The surcharge is used to fund victim services through the Victim and Witness General Fund.
Compensation an application will be made for £0.00 in respect of the fare avoided.

Important: It may cost you more if additional documentation is required or if the matter is not resolved by the Single Justice Procedure.

*If you plead not guilty but are found guilty by the court the amount of prosecution costs you may be ordered to pay could be much higher.

[honeybee13]

Thank you for the update lynxer. Feel free to ask any questions you have.

HB

[dx100uk]

FWIW:

if you look at people here that already have the SJPN stuff, you'll find everything listed.inc total cost. additional costs are only incurred if you plead NOT GUITY.

pleading guilty is what we always recommend

the sole purpose of this is to appear and show genuine remorse to a magistrate face to face, that does not add any more to what is listed on the SJPN.

it might also get you an OOC before you go in from a personal approach to the TfL prosecutor ON THE DAY. there is also no problem with pleading by email several times BEFORE that day.

even if you go before the magistrate and plead for no criminal record (destroy future) that works sometimes too.

what you have there is a 'general' what could happen, if you plead NOT GUILY.

read me:

Caught using mother’s 60+ Oyster card - 50+ uses - SJPN Court - Public transport (Trains, tubes and buses) - Consumer Action Group