Caught using wife’s oyster photo id card

[Leo12]

I have a daft question, and hope I do not sound too negative.

You have an SIA card, with your name and photograph on... You wouldn't expect to be able to use someone else's, or for them to be able to use yours. If you are working as a door supervisor, you would want to see someone's ID and not someone else's?

You didn't know that you cannot use an Oyster with someone else's name and photo?

I'm confused by the logical disconnect there

Thats why I have said I am ashamed what I been doing and there is no argument in that. But I am still waiting for the letter to come and thats why I am so much worried, i keep thinking all day for this thing and it is effecting my mental health and work.

They normally take full 2 weeks to send the letter or sometimes soon? Secondly if they are taking their time that means they are still investigating?

 

[AlterEgo]

They normally take full 2 weeks to send the letter or sometimes soon? Secondly if they are taking their time that means they are still investigating?

They in theory have up to six months but you usually hear within a few weeks.

 

[Leo12]

So the letter is here now from TFL. Kindly suggest what should I do?

 

[tram21]

So the letter is here now from TFL. Kindly suggest what should I do?

First of all you need to edit the image to ensure that your case number (and any other details) aren't visible, as the people dealing with this case at TfL can and will check the forum and this thread.

 

[Leo12]

First of all you need to edit the image to ensure that your case number (and any other details) aren't visible, as the people dealing with this case at TfL can and will check the forum and this thread.

Hi,
Thank you for pointing out. I have edited my image now.

Should I start drafting my response on my own or should I contact solicitor?

 

[Hadders]

I suggested things you could include in your reply in my earlier post. You will also find good examples of letters you can use in other threads in this section of the forum.

It's up to you whether or not to use a solicitor. Solicitors do not come cheap and they can't alter what happened, but they might be able to present your mitigation to TfL in a better way than you feel able to do so yourself. Given what you've told us, I think it's highly unlikely you'll escape prosecution whether or not you use a solicitor. If you do use a solicitor and still get prosecuted you will still have to pay the solicitor in adition to the fine, surcharge, compensation and court costs.

 

[Titfield]

Expect to pay £600 - £800 for a solicitor to handle the matter.

 

[Leo12]

I suggested things you could include in your reply in my earlier post. You will also find good examples of letters you can use in other threads in this section of the forum.

It's up to you whether or not to use a solicitor. Solicitors do not come cheap and they can't alter what happened, but they might be able to present your mitigation to TfL in a better way than you feel able to do so yourself. Given what you've told us, I think it's highly unlikely you'll escape prosecution whether or not you use a solicitor. If you do use a solicitor and still get prosecuted you will still have to pay the solicitor in adition to the fine, surcharge, compensation and court costs.

Ok. Thank you for your advice. I will draft my letter and I will post here for community’s feedback. But incase if I gets convicted how much fine money I should prepare my mind to pay?

 

[Leo12]

Expect to pay £600 - £800 for a solicitor to handle the matter.

Ok thank you. How much money should I target incase if I get convicted?

 

[Titfield]

- A fine based on your income* (usually discounted for a third if you plead guilty at the earliest opportunity)
- A surcharge of 40% of the value of the fine
- Compensation for the fare avoided on the day you were caught
- Contribution towards the Train Operating Companies court costs

*See https://www.sentencingcouncil.org.u...court/item/railway-fare-evasion-revised-2017/

 

[Leo12]

Thank you for your advices. I have drafted a response and I would appreciate if someone can proof read for me.

Hi,
Case number: XXXXXxXxXX
I am writing this letter in response to the letter that I have received on xyz date. I want to start off by apologising for my actions as what I did in that day and I am extremely sorry for using my wife’s oyster card.

I am the only earner for my family and another addition in my family is coming soon as my wife is pregnant. As we are alone here in this country and she is totally dependent on me financially, food support and emotionally. She is also suffering from health conditions as her pregnancy has lots of complications that we been dealing at this moment. Her condition is already affecting me mentally and physically. If this matter will go in the court it will have direct consequences on my employment as my job demands high level of integrity and clean record and any sort of conviction for the offence will create direct impact on my job and future. It will also be another stress for my wife as we already been dealing with lots of things.

I am very guilt on using my wife’s pass as I was in a rush as my wife was waiting for me to pick her up as she went for his check up appointment. We share one room that has 1 cupboard and we also share one common draw so I mistakenly picked her card. While I was taping out the officer pointed me out and he asked me questions. I was very compliant and answered his all questions. I am responsible resident of this country and I never been involved to any situation or incident before.

Once again I want to pay my apologies to TFL as organisation and to the officer and other associated staff. I am sorry for what I have done and the inconvenience caused to you all. I am ensuring you with true honesty that I never been trouble with the law in the past and I will never engage in the future.

I am also willing to pay any sort of immediate payment with regard to this incident, outstanding fares or administrative cost. Please give me a chance to avoid this persecution and any criminal record so that I can continue my job and run my family’s life cycle.

Lastly, I am also admitting that fare envision is a serious charge and I would be grateful to you if we mutually settle this matter privately. Once again Apologies from my side.

Thanks
XYZ

 

[AndroidBango]

I am the only earner for my family and another addition in my family is coming soon as my wife is pregnant. As we are alone here in this country and she is totally dependent on me financially, food support and emotionally. She is also suffering from health conditions as her pregnancy has lots of complications that we been dealing at this moment. Her condition is already affecting me mentally and physically. If this matter will go in the court it will have direct consequences on my employment as my job demands high level of integrity and clean record and any sort of conviction for the offence will create direct impact on my job and future. It will also be another stress for my wife as we already been dealing with lots of things.

Without wanting to be overly blunt, TFL aren't going to care very much about this.

I am very guilt on using my wife’s pass as I was in a rush as my wife was waiting for me to pick her up as she went for his check up appointment. We share one room that has 1 cupboard and we also share one common draw so I mistakenly picked her card. While I was taping out the officer pointed me out and he asked me questions. I was very compliant and answered his all questions. I am responsible resident of this country and I never been involved to any situation or incident before.

You say in your first post that you have been using the pass for a year. They will see a pattern of usage over that time. Lying in your response is a very bad idea and if they weren't going to proceed to court, they definitely will in response to this.

 

[Titfield]

Thank you for your advices. I have drafted a response and I would appreciate if someone can proof read for me.

Hi,
Case number: XXXXXxXxXX
I am writing this letter in response to the letter that I have received on xyz date. I want to start off by apologising for my actions as what I did in that day and I am extremely sorry for using my wife’s oyster card.

I am the only earner for my family and another addition in my family is coming soon as my wife is pregnant. As we are alone here in this country and she is totally dependent on me financially, food support and emotionally. She is also suffering from health conditions as her pregnancy has lots of complications that we been dealing at this moment. Her condition is already affecting me mentally and physically. If this matter will go in the court it will have direct consequences on my employment as my job demands high level of integrity and clean record and any sort of conviction for the offence will create direct impact on my job and future. It will also be another stress for my wife as we already been dealing with lots of things.

I am very guilt on using my wife’s pass as I was in a rush as my wife was waiting for me to pick her up as she went for his check up appointment. We share one room that has 1 cupboard and we also share one common draw so I mistakenly picked her card. While I was taping out the officer pointed me out and he asked me questions. I was very compliant and answered his all questions. I am responsible resident of this country and I never been involved to any situation or incident before.

Once again I want to pay my apologies to TFL as organisation and to the officer and other associated staff. I am sorry for what I have done and the inconvenience caused to you all. I am ensuring you with true honesty that I never been trouble with the law in the past and I will never engage in the future.

I am also willing to pay any sort of immediate payment with regard to this incident, outstanding fares or administrative cost. Please give me a chance to avoid this persecution and any criminal record so that I can continue my job and run my family’s life cycle.

Lastly, I am also admitting that fare envision is a serious charge and I would be grateful to you if we mutually settle this matter privately. Once again Apologies from my side.

Thanks
XYZ

To be honest @Leo12 if you can afford it go and see a solicitor. I think they would be better placed to help you draft the letter that will have the best chance of getting the least worse outcome for you.

As others have said TfL will not be at all concerned about your personal circumstances; your wife, your job and your future prospects.

The reality is that you have evaded the fares due repeatedly and for that TfL will treat you as it treats all others who do the same. To think you could use a travel card with someone else's photograph and name beggars belief.

Please also do not use the word "persecuted" as that is not what is happening here - the correct word is "prosecuted".

 

[Leo12]

Without wanting to be overly blunt, TFL aren't going to care very much about this.


You say in your first post that you have been using the pass for a year. They will see a pattern of usage over that time. Lying in your response is a very bad idea and if they weren't going to proceed to court, they definitely will in response to this.

Thank you for your response. Yes I have been using it for 5-6 months but I caught on different route that I don't normally take. In the verification letter they only mentioned about the current incident and thats why I am explaining them about the current incident. What do you think?

To be honest @Leo12 if you can afford it go and see a solicitor. I think they would be better placed to help you draft the letter that will have the best chance of getting the least worse outcome for you.

As others have said TfL will not be at all concerned about your personal circumstances; your wife, your job and your future prospects.

The reality is that you have evaded the fares due repeatedly and for that TfL will treat you as it treats all others who do the same. To think you could use a travel card with someone else's photograph and name beggars belief.

Please also do not use the word "persecuted" as that is not what is happening here - the correct word is "prosecuted".

Thank you for your feedback. I dont have money to pay hefty fees for solicitors but I have read other threads in this forum that there was a guy who was using her mothers freedom pass for like 3-4 months. He wrote a similar letter in response to the verification letter and TFL agreed to fine him only.

There is another thread in which a lady was using her husband’s photo oyster card for like 3-4 months and she caught by TFL. When she wrote her response TFL agreed to give her a warning. So I think if this is the case may be I have a chance.

I am thinking to add my bank card details as well that I use to use whenever I didnt have her oyster with me just to show that I pay while travelling. What do you think about this?

 

[Leo12]

Also if someone please guide me if I decide to send them my response via email so do I need to scan the verification letter as well from front and back and then attach it with my explanation? Thanks!

 

[Titfield]

Thank you for your response. Yes I have been using it for 5-6 months but I caught on different route that I don't normally take. In the verification letter they only mentioned about the current incident and thats why I am explaining them about the current incident. What do you think?

They can see all the journeys taken on the card history.

I do not intend any disrespect @Leo12 but in your draft email you give many of the "excuses" that we see on here all the time. To be blunt tfL are not going to believe you.

(1) you did not know using someone else's card was wrong (2) you took the wrong card because they are both kept in the same drawer.

People keep oyster cards in their wallet or purse.

 

[Hadders]

Moderator Note:

Some posts about the impact of a conviction on career prospects have been moved to a separate thread:

Discussion on the Impact of a Conviction on Career Prospects

Split from: https://www.railforums.co.uk/threads/caught-using-wife%E2%80%99s-oyster-photo-id-card.276833/ Transport for London take misuse of 18+ Oyster cards very seriously and a prosecution under the TfL Bylaws is the usual outcome. TfL will send you a Verification Letter, normally within a...

www.railforums.co.uk

 

[Leo12]

They can see all the journeys taken on the card history.

I do not intend any disrespect @Leo12 but in your draft email you give many of the "excuses" that we see on here all the time. To be blunt tfL are not going to believe you.

(1) you did not know using someone else's card was wrong (2) you took the wrong card because they are both kept in the same drawer.

People keep oyster cards in their wallet or purse.

You mean they can check CCTV footages while I was tapping or taping out?

 

[AndroidBango]

You mean they can check CCTV footages while I was tapping or taping out?

TFL will have records of every time the card was tapped in and out - not CCTV - and if you've used it to commute it will be painfully obvious to them.

 

[Trainman40083]

TFL will have records of every time the card was tapped in and out - not CCTV - and if you've used it to commute it will be painfully obvious to them.

Indeed on TV programmes, TfL officers have data on when and where cards are used and access station CCTV to see who is using it. Then , if that person is a regular traveller, they know where they will be at a given time.

 

[Titfield]

Thank you for your response. Yes I have been using it for 5-6 months but I caught on different route that I don't normally take. In the verification letter they only mentioned about the current incident and thats why I am explaining them about the current incident. What do you think?


Thank you for your feedback. I dont have money to pay hefty fees for solicitors but I have read other threads in this forum that there was a guy who was using her mothers freedom pass for like 3-4 months. He wrote a similar letter in response to the verification letter and TFL agreed to fine him only.

There is another thread in which a lady was using her husband’s photo oyster card for like 3-4 months and she caught by TFL. When she wrote her response TFL agreed to give her a warning. So I think if this is the case may be I have a chance.

I am thinking to add my bank card details as well that I use to use whenever I didnt have her oyster with me just to show that I pay while travelling. What do you think about this?

We have seen a small number of "warnings only" but the vast majority of cases go to prosecution.

I would suggest going back to the examples you have found and check whether a solicitor was involved.

If you post the thread link here we can check if there was anything unusual about the case which may have influenced Tfls decision not to prosecute.

 

[Leo12]

We have seen a small number of "warnings only" but the vast majority of cases go to prosecution.

I would suggest going back to the examples you have found and check whether a solicitor was involved.

If you post the thread link here we can check if there was anything unusual about the case which may have influenced Tfls decision not to prosecute.

Caught Using Husband's Photocard on Elizabeth Line - Worried About Consequences

Hi everyone, I recently made a mistake while travelling on underground. I was caught using my husband's photocard at a station(underground) next to the one I usually use(Elizabeth). I didn't know this was a serious matter because I'm new to the UK and its system. I felt ashamed of my actions...

www.railforums.co.uk

Here is the thread this lady she has received a warning letter from TFL.

 

[Leo12]

Indeed on TV programmes, TfL officers have data on when and where cards are used and access station CCTV to see who is using it. Then , if that person is a regular traveller, they know where they will be at a given time.

Thank you for the response. This is what I believe if they will check the records they will see the usual route which was being used regularly without CCTV. But they caught me on totally different where I don't travel normally. So can I take this as assumption/possibility to get a warning or Fine?

 

[WirralLine]

While they may or may not know that you have been using the pass for a prolonged period on a different route - it is very important not to lie. Saying you have picked the card up by mistake is clearly a lie.

 

[Hadders]

Caught Using Husband's Photocard on Elizabeth Line - Worried About Consequences

Hi everyone, I recently made a mistake while travelling on underground. I was caught using my husband's photocard at a station(underground) next to the one I usually use(Elizabeth). I didn't know this was a serious matter because I'm new to the UK and its system. I felt ashamed of my actions...

www.railforums.co.uk

Here is the thread this lady she has received a warning letter from TFL.

In my experience of cases like this it is highly unusual to escape with a final warning. I'm not saying a wartning isn't possible but I am trying to be realistic about the situation.

I suggest you read the Revenue Enforcement & Prosecutions Policy I linked to in my earlier post as this gives details of what TfL will take into account when deciding how to proceed.

 

[Leo12]

While they may or may not know that you have been using the pass for a prolonged period on a different route - it is very important not to lie. Saying you have picked the card up by mistake is clearly a lie.

Ok. So kindly suggest me a diplomatic sentence that I can write and it can justify my stance but I cant clearly mention that I have been using it for 5-6 months straight.

 

[AndroidBango]

Ok. So kindly suggest me a diplomatic sentence that I can write and it can justify my stance but I cant clearly mention that I have been using it for 5-6 months straight.

Nobody is going to come up with a lie for you.

 

[Leo12]

In my experience of cases like this it is highly unusual to escape with a final warning. I'm not saying a wartning isn't possible but I am trying to be realistic about the situation.

I suggest you read the Revenue Enforcement & Prosecutions Policy I linked to in my earlier post as this gives details of what TfL will take into account when deciding how to proceed.

Alright. I have read it earlier but I will go through the guidelines throughly. Thanks alot. Any feedback that you want me to change or add in my draft letter of explanation. Please do mention. I will be highly obliged to you

Nobody is going to come up with a lie for you.

Ok. I am not escaping from the real fact. I am just need assistance to write a sentence that can justify my current and previous incident. But it you dont have any words/sentence that fine. Thank you very much for your help

 

[island]

Secondly I work as Security Officer with SIA licence and upon renewal they always check criminal records and everything. I have searched SIA site but I didnt find fare envision as unacceptable offence. Kindly guide! Thanks.

The offence that TfL charges people with in your situation (section 17 of the TfL Byelaws) will not usually appear on a criminal record check.

 

[Leo12]

Last thing. Could anyone please guide me if I decide to respond them via email so still I need to fill the back side of verification letter and attach the whole letter with email? Thanks

The offence that TfL charges people with in your situation (section 17 of the TfL Byelaws) will not usually appear on a criminal record check.

Alright. Thank you very much