Caught using mother’s 60+ Oyster card - 50+ uses - SJPN Court

[TiredDodo]

Hi!

I hope this reaches the right people.

I am a uni student and I got caught using my mother’s 60+ Oyster card by TFL when I attempted to travel from campus to home.

On 02/11/23 I was caught avoiding fares using my mother's 60+ oyster card.

The TFL officer took my details and I have received a few letters since.

In my response letter to TFL I stated that I was guilty of using the 60+ card to save money as we are not well off and money is tight. 
I received a letter stating I must attend a court hearing in April.
I did not receive a letter giving me the option to pay a fine. 

I emailed TFL about settling this matter out of court but they refused. 

I would like some advise on what to send to TFL and what to say in court as I am not confident in my abilities to successfully represent myself at the moment.

I want to settle this matter out of court if possible as a criminal conviction will impact my future once I graduate.

This case has been interrupting my focus and giving me restless nights because I am stressed over this, thus affecting my performance at university. 

I would like to know:
Which evidence to send in (SFE, my mother's bills as she pays for everything regarding living at this property)?
Some trips they are suspecting me of making with the 60+ oyster were made by my mother, how do I prove this (other than the hospital appointment letters from the hospital)?
Should my mother accompany me to court to testify for her travels?

Any advice will be greatly appreciated!

[TiredDodo]

I am so grateful for all your responses!

I didn’t realise I had to do anything, then I got the letter from TFL about taking me to court and it freaked me out 

I tried to find places I could go for advice.

Now I’m with you lovely people if only I had found it sooner

HB thank you for the upload guide!

I will attach the correspondence thus far. This includes the 3 letters I received from TFL as well as an email I sent them about going to court. 

The files are large so I will upload them in separate posts. This one is the first letter I received from TFL as well as the response after I send them my letter.

I used it quite a lot during that period of time because I was short on money.

Looking forward to reading your responses!

 

Edited March 21 by dx100uk
PDF removed Not properly redacted

[TiredDodo]

Here are emails I exchanged with TFL.

This is the important letter about court. 

Of these trips about 10 of them were made by my mother. 

Also I have a 16-25 Railcard linked to my Oyster card  I get discounted travel, this would significantly cut the amount that I am due. 

Please let me know if there is anything else you need appreciating the support.

 

 

 

docs1 .pdf

[TiredDodo]

Hi sorry for the confusion with the files, should've just put them all together in the first place.

I have re uploaded the files. Thank you for pointing out that I missed out one part with my name. The system seemed to have moved my censors. Is there a way I can delete the other file in my last post?

Hopefully it's clear enough now. 

What should I be doing now regarding this case? Is there anything I can do to change my fate?

Please let me know. Thanks!

 

Edited March 21 by dx100uk
pdf has pers info still

[TiredDodo]

Thanks dx.

Are you able to answer any of my questions in my initial post now that you're up to speed?

I want to avoid getting a criminal record and settle this matter out of court.

Edited March 21 by TiredDodo

[TiredDodo]

Hi!

Over the weekend I managed to make a draft of the letter for TFL, pleading them not to take me to court.

Could you please let me know what I should add or remove from this letter before I send it to TFL?

Much appreciated!!

Dear Sir/Madam,

I write to you today regarding the aforementioned case, and I respectfully request your attention to the following circumstances:

Firstly, I wish to underscore the potential ramifications a criminal charge could have on my future career prospects post-graduation. The implications of such an outcome are profound and deeply concerning to me

. The thought that my actions could jeopardise my future career prospects fills me with profound regret and sorrow.

In light of this, I implore you to consider the extenuating circumstances surrounding my situation and explore the possibility of settling this matter out of court.

The factors contributing to my actions are multifaceted. My family has been grappling with significant financial strain, exacerbated by the escalating cost of living. As a result of financial constraints, there are three of us living in a single-bedroom residence.

During the time I used my mother’s 60+ Oyster card, we received the distressing news of my mother's cancer diagnosis. Witnessing her battle with this illness has taken an emotional toll on me, leaving me in a constant state of worry and distress.

In an attempt to alleviate some of the financial burden on her and allow her to focus on her recovery, I made the regrettable decision to utilise her oyster card.

Though my intentions were born out of love and a desire to shield her from further worry, I have come to realise the gravity of my actions.

While I acknowledge that my actions were unjustifiable, I want to express my sincere remorse and assure you that I have learned a profound lesson from this experience.

The stress and anxiety resulting from this ordeal have significantly impacted my ability to concentrate on my university studies, leading to sleepless nights and a pervasive sense of unease.

I can assure you that I have been deeply affected by the repercussions of my actions and am committed to never repeating such behaviour. The magnitude of this offence is something that will stay with me for the rest of my life.

Considering these circumstances, I respectfully ask for your deliberation in resolving this matter extrajudicially. I plead with you to find it in your heart to show compassion and understanding.

 

Thank you for your attention to this matter. I eagerly await your response.

[TiredDodo]

Hi thanks for the feedback, I have made some adjustments.

The letter is roughly the size of an A4.

Please let me know whether this is okay to send off to the initial email address. 

Thanks so much!

Dear Sir/Madam,

I write to you today regarding the aforementioned case, and I respectfully request your attention to the following circumstances:

Firstly, I acknowledge that my actions were unjustifiable, I want to express my sincere remorse and assure you that I have learned a profound lesson from this experience. The stress and anxiety resulting from this ordeal have significantly impacted my ability to concentrate on my university studies, leading to sleepless nights and a pervasive sense of unease.

I can assure you that I have been deeply affected by the repercussions of my actions and am committed to never repeating such behaviour. The magnitude of this offence is something that will stay with me for the rest of my life.

Considering these circumstances, I respectfully ask for your deliberation in resolving this matter extrajudicially. I plead with you to find it in your heart to show compassion and understanding.

Since the incident, I have been diligently utilising my personal Oyster card, with card number xxxx, and have adopted a more conscientious and ethical perspective.

Additionally, I wish to underscore the potential ramifications a criminal charge could have on my future career prospects post-graduation. The implications of such an outcome are profound and deeply concerning to me. The thought that my actions could jeopardise my future career prospects fills me with profound regret and sorrow.

In light of this, I implore you to consider the extenuating circumstances surrounding my situation and explore the possibility of settling this matter out of court.

The factors contributing to my actions are multifaceted. My family has been grappling with significant financial strain, exacerbated by the escalating cost of living. As a result of financial constraints, there are three of us living in a single-bedroom residence.

During the time I used my mother’s 60+ Oyster card, we received the distressing news of my mother's cancer diagnosis. Witnessing her battle with this illness has taken an emotional toll on me, leaving me in a constant state of worry and distress. In an attempt to alleviate some of the financial burden on her and allow her to focus on her recovery, I made the regrettable decision to utilise her oyster card. Though my intentions were born out of love and a desire to shield her from further worry, I have come to realise the gravity of my actions.

Thank you for your attention to this matter. I eagerly await your response.

Yours sincerely,

[TiredDodo]

Thank you for your comments! Anything else I need to change?

If this is fine then I'll send it off tonight.

Thanks!

 

I write to you today regarding the aforementioned case, and I respectfully request your attention to the following circumstances:

 

Firstly, I acknowledge that my actions were unjustifiable, I want to express my sincere remorse and assure you that I have learned a profound lesson from this experience. The stress and anxiety resulting from this ordeal have significantly impacted my ability to concentrate on my university studies, leading to sleepless nights and a pervasive sense of unease.

 

I can assure you that I have been deeply affected by the repercussions of my actions and am committed to never repeating such behaviour. The magnitude of this offence is something that will stay with me for the rest of my life.

 

Considering these circumstances, I respectfully ask for your deliberation in resolving this matter extrajudicially. I plead with you to find it in your heart to show compassion and understanding.

Since the incident, I have been diligently utilising my personal Oyster card, with card number xxxx.

 

Additionally, I wish to underscore the potential complications a criminal charge could have on my future career prospects post-graduation. The implications of such an outcome are profound and deeply concerning to me. The thought that my actions could jeopardise my future career prospects fills me with serious regret and sorrow.

In light of this, I implore you to consider the extenuating circumstances surrounding my situation and explore the possibility of settling this matter out of court.

 

There are various factors contributing to my actions; my family has been grappling with significant financial strain, intensified by the escalating cost of living. As a result of financial constraints, there are three of us living in a single-bedroom residence.

 

Upon learning of my mother's cancer diagnosis, I was confronted with an added layer of emotional distress. Witnessing her battle with this illness has taken an emotional toll on me, leaving me in a constant state of worry and distress. In an attempt to alleviate some of the financial burden on her and allow her to focus on her recovery, I made the regrettable decision to utilise her oyster card. My intentions were to shield her from further financial worries, but I have come to realise how wrong that was.

 

Thank you for your attention to this matter. I eagerly await your response.

 

Yours sincerely,

 

Edited March 26 by TiredDodo

[TiredDodo]

Thank you all so much for the feedback!! I have sent the email to TFL. I will let you know what they respond with. 

Worst case scenario, if they tell me I still need to go to court, what are my next steps? 

[TiredDodo]

Hello thank you for responses. 

In the meantime I have sent, the physical letter with my guilty statement and the signatures beside the journeys I made, to the court. 

I have also received a reply from that last email I send to TFL, that I let you proofread:

Thank you for your email response.

We acknowledge the comments you have made, however TfL’s decision has not changed in this matter.

You are required to attend the hearing at Lavender Hill Magistrates on 22nd April 2024, and you will have the opportunity at this hearing, to give your mitigation to the court before a decision on your case is made.

Yours sincerely

James Vallis

Prosecutor/Investigator | Investigations Appeals & Prosecutions | Compliance, Policing, Operations & Security

9G3 Palestra, 197 Blackfriars Road London SE1 8NJ | Email: [email protected]

This email and the information contained within, including any attachments, is TfL restricted

Looks like they want me to go to court regardless of what I say. 
How can I best prepare for this?
I tend to get very nervous and anxious over things, especially this, and I’m unable to waffle my way through anything.

I have very little confidence in speaking about such things, especially since this is my first time in a court hearing. 
 

Any advice is greatly appreciated. 
Thanks!

[TiredDodo]

Thanks HB!
 

Please correct me if I’m wrong, sending TFL emails won’t change the fact I need to go to court in a few weeks but it will demonstrate persistence? That I’m not quick to accept that I am being sent to court?

Here are the answers to your questions:

I am more likely to pay fares because I have a 16-25 railcard linked to my Oyster card, which makes my travel cheaper. 

As far as I know we are claiming all the benefits we can. 

I used to have a part time job but I quit last year to focus on my studies and to take care of my mum.

I don’t think this is worth mentioning to TFL, though I could give this information in court?

Lastly, please forgive my ignorance, but how do you know it’s a SJPN?

Does it mean I won’t get a criminal record? 

[TiredDodo]

I wrote 3 emails to TFL:

the initial email stating that I’m guilty.

The second one asking whether I can get an OOC settlement.

And the third one which you proofread.

In the physical letter I posted to the court I included all 3 emails I send plus the responses from TFL.

I’ll write another email to TFL about living off my mother’s benefits? 

Only once my final exams are over, then I can look for a job, depending on how my mum is. Also my mum will be getting another operation so I’ll need to be in the house to help her.

Finally, how am I supposed to show remorse?

I already emailed saying how sorry I am and how it has impacted me.

There’s not much more I can say about that. 

[TiredDodo]

Thanks everyone for your help. I really appreciate it
 

Thank you MitM,

in the first letter I received I got the option to select guilty or not.

Obviously I am guilty so I sent that back to them.

I didn’t get the option not to attend court.

That’s why I was very surprised when I got the letter from TFL saying I need to attend court. 

Do you know how a normal Magistrates' court works for TFL or have a rough idea how it’s conducted? 

This is the letter I would like to send to TFL to try to convince them to have an OOC settlement, please let me know if I need to change anything:

With reference to my latest email dated 26/03/24. 

Once more, I would like to assure you that I will not engage in fare evasion again.

I am aware that the 60+ Oyster card is funded by TFL and is intended for specific eligible individuals. I acknowledge that I made an error by using the 60+ Oyster card. Since the incident, I have exclusively been using my own Oyster card for fare payments. Additionally, I have a railcard linked to my Oyster card enabling me to pay fares legitimately at a cheaper rate. 

This ordeal has impacted my mental well-being, resulting in me constantly feeling stressed and anxious as well as being unable to have a restful sleep. Therefore affecting my concentration, which is putting me at a disadvantage for the upcoming exams. 

I sincerely hope that you will consider this matter out of court. 

 

Yours sincerely,

[TiredDodo]

HB this is the latest response (03/04/24) to the letter I had you look over. 

Thanks, in my new email to TFL I’ll remove the bit about my exams. 

thanks dx, yes I thought TFL and court were related. 

just to be clear, the emails I have been sending to TFL do not get seen, and have nothing to do with the court?

[TiredDodo]

Thanks everyone for clearing everything up for me, I really appreciate it! 

I did already send off the letters to the court after I signed them (the letters asking if I am guilty and confirming the journeys were made by me), I included copies of the emails to TFL plus their replies. So the court should have this already. 

On the day of the court hearing I will bring the cash with me and try to find the prosecutor beforehand to apologise and ask to reconsider court.

I am really nervous about all this.

How can I identify the prosecutor and how do I go about approaching them?

Lastly, would it help my case to say that I'm not born in this country (moved to London 4 years ago)?

I changed the last paragraph of this email I want to send to TFL. Do I need to change anything else?

 

To whom it may concern,

With reference to my email of 26th March 2024 and your reply of 3rd April.

Once more, I would like to assure you that I will not engage in fare evasion again.

I am aware that the 60+ Oyster card is funded by TFL and is intended for specific eligible individuals. I acknowledge that I made an error by using the 60+ Oyster card. Since the incident, I have exclusively been using my own Oyster card for fare payments. Additionally, I have a railcard linked to my Oyster card enabling me to pay fares legitimately at a cheaper rate.

This ordeal has impacted my mental well-being, resulting in me constantly feeling stressed and anxious, as well as being unable to have a restful sleep, therefore affecting my concentration.

I sincerely hope that you will consider this matter out of court.

 

Yours sincerely,

[TiredDodo]

Hi dx, sorry maybe I wasn’t clear but I said multiple times that I sent off the documents to the court.

I have also forwarded a copy of it to TFL.

You’re right HB I’ll leave the fact I’m not from the UK out.

I sent off the previous email you checked off to TFL already.

Apologies for the confusion.

I appreciate all the help you have been providing for me

I will update once I get a response from TFL.

[TiredDodo]

Hi everyone.

 

Before I say anything, TFL finally responded to the email I sent last week:

Thank you for your email, we acknowledge the signed documents you have returned in preparation for your hearing.

We note that this matter is causing you some stress and anxiety, however this is not a reason for TfL to discontinue proceedings. It is not unusual for passengers that have been summonsed to court to experience these symptoms, and we do have some empathy with your concerns.

However, as previously stated, TfL do not accept out of court settlements, and you will have the opportunity at your hearing, to provide your mitigation to the court prior to a decision being reached by them on how they intend to deal with this matter (usually a fine).

I am sorry that this decision is not more favourable.

Yours sincerely

 

James Vallis

 

At least he sounds more sympathetic in this email…

Only one week to go until the court hearing and I am so so nervous.

I’ve prepared some questions and answers in preparation for what to say to the magistrate. It will help calm me down if I know roughly what to expect.

If you could give feedback on it that would be great. If you have anything to add please do let me know.

As far as I know the court hearing will happen in these stages:

Introduction and statement of facts

Pleading guilty for the journeys I made with my mother’s card

Penalty sentencing

Appeal (if charged with a criminal record)

Am I guilty?

Yes.

Why did I not pay the fare legally?

Last year there was a lot going on in my life and I was struggling financially so to relieve some of this I used my mother’s Oyster card. I know it’s not an excuse and it’s still wrong.

Why do I not accept a criminal record?

I really don’t want it to affect my chances of finding a job in the future. I will be the one earning money in my family so I am doing my best and studying hard to be able to get a good job. A criminal record would mean that regardless of how hard I’m working I won’t get the job I want after I graduate. This fills me with so much regret, sadness and disappointment in myself. I just want to be a good daughter for my mother because she’s already had to deal with many hardships in her life and I don’t want to make it any harder for her.

[TiredDodo]

Thank you so much for all the information you all have provided! I really appreciate it. 

dx I will definitely speak to the TFL prosecutor before the hearing if I can find them to beg for an OCC.

Just to update.

At the start of this journey I reached out to many organisations and advice centres but no one responded.

However, a few days ago I received an email back from We Are Advocate, that a barrister has volunteered to help me with my case. He said it is his job to get the best possible outcome for me.

He suggested I get some character references, which I have done and will be receiving over the course of the next few days. 

He also told me: 

Unfortunately, you WILL be left with a criminal record if you are convicted!

You do not stand convicted of the offence  YET.

You can only be convicted if

a) you plead guilty AT COURT or

b) you are FOUND guilty after a trial in open court.

So that answers one of our questions.

I have asked him lots of other questions and I'm just waiting for him to reply. 

So glad I will not be facing the court alone.

TD

[TiredDodo]

Hi everyone!

Thanks for all your advice during this stressful journey.

Here’s a quick update of what went down today. 

The court hearing itself was very quick, lasted about 5 min. 
The magistrates got me to pay the amount I owe (the outstanding travel costs), as well as a fine and surcharge.

They reduced the court fees from £375 to £200. 

The magistrates told me the amount I need to pay but didn’t mention anything about a criminal record.

Does this mean they didn’t give me any or is it implied by giving me a fine?

Please let me know.

Thanks!!

TD 

[TiredDodo]

Thanks dx.

I asked the barrister, he said that I would have a mark on my record which will be wiped clean after one year from the date of the amount being paid in full. 
 

TD