Caught fare evasion by TfL

[Sevenseven77]

Hi everyone, I'm looking for some advice regarding my case.

On March 23rd, I was traveling from Stratford Station to Tottenham Court Road Station and I didn't tap my Oyster card. I was caught by an officer at Tottenham Court Road Station. She took my information and told me I would receive a letter.

On March 25th, I received a verification letter from TfL and I replied to them on April 1st, requesting an out-of-court settlement.

On April 28th, I received another letter from TfL stating that my comments are under consideration and that a decision has not yet been made.

Now, I'm wondering whether I should send another letter to TfL to show that I indeed realize my mistake. What do you think?


The following is my first reply to TfL:

Dear Sir/Madam,



My case number is

I am replying to your letter of 25/03/2024.

I thank TfL for giving me the opportunity to explain my inexcusable and stupid actions.

Please excuse any mistakes in my letter as English is not my first language.

I have realised my actions were wrong. I am deeply remorseful, very self-critical, repentant and lacking of sleep. I promise that it was my first time of fare evasion, and it will never happen again. I beg to pay the unpaid fare and any resultant admin fees immediately, if it is possible in the hope of an Out of Court settlement.

I understand that everyone use TfL service has responsibility to buy valid tickets every time. Without the tickets, TfL cannot operate normally and can’t provide service to the society.

I indeed feel very guilty about my offence, and I know that I can’t blame anyone but myself. I feel that my depression and anxiety (please see the attachment and the medicine I’m using) are becoming very serious. I constantly trembling, crying, and at times struggling to breathe. The criminal record may result in my worse health condition.

I’m now a
student at XX University and a class teacher at last year (Please see the attachment). I really love this job and love to teach a lot of lovely students. I have been verbally asked to continue teaching this year, but am worried about the criminal conviction will destroy this. Moreover, I desire to be a teacher in university after I graduate. I dream of spreading knowledge and contributing to UK society using my research.

I don’t have any history of criminality in the past, and I promise I will ensure that I do not repeat my actions again, and will ensure that I always have a valid ticket for travel. I evaded fare because I thought it would be fun and impress my girlfriend with me that day. I now realise how stupid it was.

Now I deeply regret my offence and understand its significant negative impact on society. I have bought a monthly travel card and topped up my oyster card with a balance of £89 (please see the document) which will ensure that I have the correct ticket for travel in the future meaning that I will not evade fare ever again.

I sincerely apologise again. I hope that I’ve explained myself clearly and provided sufficient evidence, If you need anything further from me to help you, please let me know.



Yours Faithfully,

 

[Titfield]

Your reply is very thorough and in my opinion contains a great deal of information which really is not relevant to the failure to tap in.

As you have already sent this letter there is nothing to be gained by writing again, if anything it will just create more work for TfL and may work against you.

All you can do is wait for the response from TfL.

As others have noted on other posts, a conviction if it comes to that is rarely a life changing or career threatening event. It may cause you some inconvenience and may put you in a poor light but it is very unlikely to have a long lasting effect.

 

[Hadders]

Welcome to the forum!

I agree with @Titfield

It would be helpful to know more abut your Oyster card:

- Was it a regular pay as you go Oyster card, if so did it have sufficient credit for your journey?
- Did it hold a season ticket - if so which zones did it cover. And did the season ticket belong to you?
- Was it a Zip Oyster card, Freedom Pass or Staff Pass? If so was it yours?

There really isn't any point in contacting TfL again about this, it's highly unlikely to makre any difference to the case and could be counter-productive.

Here's a link to TfL's Revenue Enforcement & Prosecutions Policy which you might find worth reading:

https://content.tfl.gov.uk/revenue-enforcement-and-prosecutions-policy.pdf

 

[Sevenseven77]

Thanks, Titfield and Hadders.

The following are my answers to Hadders’s question:

1. Yes, it is a pay as you go Oyster, and it has sufficient credit to my journey.
2 it didn’t hold a season ticket when I evade fare, but I have bought a season ticket just before I reply to TfL.
3. No

TfL sent me a letter dated on 24 of March saying as following:

Thank you for responding to our enquiry letter. Your comments will be taken into consideration when reviewing whis case and we will contact you as soon as we have reached a decision.

TfL now consider prosecution against passengers who are in breach of all TfL byelaw offences and I must inform you that further legal action may be taken.

TfL byelaws can be found at ...

Please do not hesitate to contact me if I can assist you further.''



Yours Sincerely

Investigator/Prosecutor

Compliance Policing and On-Street Services

The letter says I could contact them if they can assist me further. So I’m wondering whether writing another begging letter could help me to show I know I’m wrong.

As others have noted on other posts, a conviction if it comes to that is rarely a life changing or career threatening event. It may cause you some inconvenience and may put you in a poor light but it is very unlikely to have a long lasting effect.

Can I ask where I could find the posts? I have read some threads, but haven’t found these information

 

[30907]

Can I ask where I could find the posts? I have read some threads, but haven’t found these information

They are strictly speaking the opinions of various forum members, including Titfield (and myself).

Using the Search and specifying "in this forum" for words such as "employer" "career" "Enhanced DBS" might unearth some more detail - or feel free to search for my posts. In either case you will find a lot that is irrelevant, sorry

If you want further help, feel free to say a little about what actually happened at the barrier.

 

[Hadders]

The letter says I could contact them if they can assist me further. So I’m wondering whether writing another begging letter could help me to show I know I’m wrong.

What are you going to say in a second letter that you haven't already said?

 

[helpscared]

They are strictly speaking the opinions of various forum members, including Titfield (and myself).

Using the Search and specifying "in this forum" for words such as "employer" "career" "Enhanced DBS" might unearth some more detail - or feel free to search for my posts. In either case you will find a lot that is irrelevant, sorry

If you want further help, feel free to say a little about what actually happened at the barrier.

I might add, there is a great website called https://unlock.org.uk/ which talks in detail about which convictions show in which contexts, depending on what you were charged with. I have found it very reassuring as I have had similar issues to you.

 

[Titfield]

The point about it rarely being life changing or career threatening has I am sure been mentioned in a few threads by myself and others based on our knowledge or experience. In my case I work in a regulated industry and am involved in the appeal process by which those barred from the industry appeal against the bar. The test in the industry I work in is known as the FPP or Fit and Proper Person Test.

The rehabilitation of offenders acts (and its provisions regarding disclosure and "spent convictions" ) effectively allows most minor convictions to be ignored either immediately or after relatively short periods of time.

see https://www.westyorkshire.police.uk/ask-the-police/question/Q89 and https://www.gov.uk/tell-employer-or-college-about-criminal-record/check-your-conviction-caution

You may have more issues with applying for travel visas to some countries who take a harsh view on any conviction. This often involves an interview at the embassy where you have to satisfy them that your conviction is not a threat to their country. Convictions for offences relating to drugs, alcohol, firearms and violence are usually of far more concern.

 

[Sevenseven77]

They are strictly speaking the opinions of various forum members, including Titfield (and myself).

Using the Search and specifying "in this forum" for words such as "employer" "career" "Enhanced DBS" might unearth some more detail - or feel free to search for my posts. In either case you will find a lot that is irrelevant, sorry

If you want further help, feel free to say a little about what actually happened at the barrier.

Yes, I just read some other threads, and get some information about the conviction.

At that time, I followed my girlfriend to go outside of the barrier and was caught by an officer. The officer ask me my information. I gave her my English name which is not shown on my passport. And I explained that I follow my girlfriend because I failed to tap card in Stratford station and it will be charged full if I tap card in TCR station. She said I will receive a letter and I could explain. I ask her to tell TfL what I said. Now I know it’s very stupid to give such a reason. The real reason is that I felt following my girlfriend is interesting. So I tell TfL in my first response email.

 

[Sevenseven77]

I might add, there is a great website called https://unlock.org.uk/ which talks in detail about which convictions show in which contexts, depending on what you were charged with. I have found it very reassuring as I have had similar issues to you.

Thanks, helpscared. You are very kind. Can I know your result and how you resolve it?

What are you going to say in a second letter that you haven't already said?

Maybe like I will need visa to other countries for academic conferences and a criminal record will result in a huge impact when I apply visas to other countries.

 

[30907]

Thanks, helpscared. You are very kind. Can I know your result and how you resolve it?

That case is even more recent than yours - they won't have any result for some time.

Maybe like I will need visa to other countries for academic conferences and a criminal record will result in a huge impact when I apply visas to other countries.

Unless there is more to your story than you have told us, I would expect a prosecution under the TfL Byelaws which will not be recorded on the criminal database.

 

[Hadders]

At that time, I followed my girlfriend to go outside of the barrier and was caught by an officer. The officer ask me my information. I gave her my English name which is not shown on my passport. And I explained that I follow my girlfriend because I failed to tap card in Stratford station and it will be charged full if I tap card in TCR station. She said I will receive a letter and I could explain. I ask her to tell TfL what I said. Now I know it’s very stupid to give such a reason. The real reason is that I felt following my girlfriend is interesting. So I tell TfL in my first response email.

So there’s more to this than what you told us originally?

Can you tell us exactly what happened as it appears it’s more than not touching in.

Maybe like I will need visa to other countries for academic conferences and a criminal record will result in a huge impact when I apply visas to other countries.

This is if no concern to TfL and I wouldn’t expect this to have any bearing on the decision whether to prosecute.

 

[Sevenseven77]

Unless there is more to your story than you have told us, I would expect a prosecution under the TfL Byelaws which will not be recorded on the criminal database.

I don’t have any criminal record before. Do you mean that a prosecution by TfL will not have any influence with my visa applications to other countries? By the way, I’m under a student visa in UK. Will this influence my future visa application for UK?

So there’s more to this than what you told us originally?

Can you tell us exactly what happened as it appears it’s more than not touching in.

I was caught by fare evasion, and I try to explain to the officer. Then she just said I need your information etc.

 

[Hadders]

I don’t have any criminal record before. Do you mean that a prosecution by TfL will not have any influence with my visa applications to other countries? By the way, I’m under a student visa in UK. Will this influence my future visa application for UK?

I mean that TfL won’t be concerned about the impact of a conviction on visa applications you might make.

This forum cannot give advice about someone’s via applications for the UK.

 

[AlterEgo]

Yes, I just read some other threads, and get some information about the conviction.

At that time, I followed my girlfriend to go outside of the barrier and was caught by an officer. The officer ask me my information. I gave her my English name which is not shown on my passport. And I explained that I follow my girlfriend because I failed to tap card in Stratford station and it will be charged full if I tap card in TCR station. She said I will receive a letter and I could explain. I ask her to tell TfL what I said. Now I know it’s very stupid to give such a reason. The real reason is that I felt following my girlfriend is interesting. So I tell TfL in my first response email.

So this is more than just a failure to tap. You’ve tailgated your girlfriend at the end of the journey because you know you failed to tap at the start. That’s twice then. This now looks like you absolutely intended to evade the fare by doubling up, and in any case failure to use a gateline correctly (tailgating) is a separate offence in and of itself. You’d have be the world’s unluckiest person to be caught doing this the first time you tried it.

 

[Hadders]

I was caught by fare evasion, and I try to explain to the officer. Then she just said I need your information etc.

What exactly happened?

You mentioned that you didn’t touch in. Then you said something about following your girlfriend through a barrier.

If you want the best advice from forum members then you need to tell us exactly what happened. For example:

Where did your journey start
Did you touch in at the start
Did you have to change trains, if so where.
Did you pass through any barriers during your journey. If so did you touch in and out
Where did you finish your journey, how did you leave the station. Did you touch out.
Where were you caught. What did the inspector say to you?

 

[WesternLancer]

I don’t have any criminal record before. Do you mean that a prosecution by TfL will not have any influence with my visa applications to other countries? By the way, I’m under a student visa in UK. Will this influence my future visa application for UK?


I was caught by fare evasion, and I try to explain to the officer. Then she just said I need your information etc.

If you are concerned about the impact of this on the ability to do some teaching work at the university alongside your PhD a good place to get some advice would be to see if you can have an informal chat with one of the University Teaching union reps at the university - they will have some idea how this issue would be regarded in relation to that work - even if you are not a member of the union (though you should join as a student or part time staff member in my view) they might be happy to have a private chat about it. Ask another member of staff who the union reps are or maybe they have an intranet page with details at the university where you are studying and doing soem teaching.

If you are concerned about the impact on your student visa if you are from overseas, got to see your university's overseas student office to see if they can offer guidance, or point you to confidential sources of help and advice from appropriate sources that are permitted to give that advice.

 

[30907]

Despite the fact that you've committed two offences on this one occasion, I stand by my earlier comment. TfL consistently prosecute using their Byelaws, rather than for a more serious offence (they seem to consider this is an effective deterrent).
On the basis of what you have now told us, it is still possible that you will be given only a warning, but not very likely.

 

[FenMan]

So this is more than just a failure to tap. You’ve tailgated your girlfriend at the end of the journey because you know you failed to tap at the start. That’s twice then. This now looks like you absolutely intended to evade the fare by doubling up, and in any case failure to use a gateline correctly (tailgating) is a separate offence in and of itself. You’d have be the world’s unluckiest person to be caught doing this the first time you tried it.

You've told TfL, quote: "I promise that it was my first time of fare evasion".

It's unlucky to be caught the first time fare evasion is attempted. Only you know how many times you or your girlfriend have evaded paying correct fares for your journeys, but if the statement to TfL quoted above is not true I very strongly recommend you are completely honest in your dealings with them from now on, particularly if TfL find evidence that you've lied to them.

And, please remember TfL will decide what happens next, not you.

 

[Sevenseven77]

What exactly happened?

You mentioned that you didn’t touch in. Then you said something about following your girlfriend through a barrier.

If you want the best advice from forum members then you need to tell us exactly what happened. For example:

Where did your journey start
Did you touch in at the start
Did you have to change trains, if so where.
Did you pass through any barriers during your journey. If so did you touch in and out
Where did you finish your journey, how did you leave the station. Did you touch out.
Where were you caught. What did the inspector say to you?

I try to evade fare because I felt it’s interesting, but I explain to the officer that I fail to tap at the start. I have wrote in response letter that I felt it’s fun, and I didn’t write anything about what I said to the officer.

If you are concerned about the impact of this on the ability to do some teaching work at the university alongside your PhD a good place to get some advice would be to see if you can have an informal chat with one of the University Teaching union reps at the university - they will have some idea how this issue would be regarded in relation to that work - even if you are not a member of the union (though you should join as a student or part time staff member in my view) they might be happy to have a private chat about it. Ask another member of staff who the union reps are or maybe they have an intranet page with details at the university where you are studying and doing soem teaching.

If you are concerned about the impact on your student visa if you are from overseas, got to see your university's overseas student office to see if they can offer guidance, or point you to confidential sources of help and advice from appropriate sources that are permitted to give that advice.

Yes, thanks for these advice.

 

[Sevenseven77]

Despite the fact that you've committed two offences on this one occasion, I stand by my earlier comment. TfL consistently prosecute using their Byelaws, rather than for a more serious offence (they seem to consider this is an effective deterrent).
On the basis of what you have now told us, it is still possible that you will be given only a warning, but not very likely.

I was extremely nerves and didn’t know what to said at that time, so I did something wrong again. Will my words to officer also be considered when TfL review my case?

Sorry guys, I come up with another thing that may be relevant to my story. My current student visa will be expired in January of 2027, and the official end date of my PhD programme is November of 2026. However, most of students in our department will need to extend the deadline, which means we need to apply for extending our student visa after the current one expires. Application for a student visa with a criminal record will have a huge influence against me, and my whole PhD may not be able to completed although I have worked for it for a really long time.

Should I add this and reply to the second letter which saying the decision has not been made?

 

[WesternLancer]

Sorry guys, I come up with another thing that may be relevant to my story. My current student visa will be expired in January of 2027, and the official end date of my PhD programme is November of 2026. However, most of students in our department will need to extend the deadline, which means we need to apply for extending our student visa after the current one expires. Application for a student visa with a criminal record will have a huge influence against me, and my whole PhD may not be able to completed although I have worked for it for a really long time.

I would strongly advise that you discuss this with your university student immigration / international team staff. It will be unlikely they have not come across previous students who have fallen foul of threats of prosecution by TfL for fare evasion or other matters before and would be likely to be able to give you clear advice on the impact it could have on any extended student visa application necessary. You can then bear their advice in mind when deciding if you want to tell TfL about it.

 

[skyhigh]

Sorry guys, I come up with another thing that may be relevant to my story. My current student visa will be expired in January of 2027, and the official end date of my PhD programme is November of 2026. However, most of students in our department will need to extend the deadline, which means we need to apply for extending our student visa after the current one expires. Application for a student visa with a criminal record will have a huge influence against me, and my whole PhD may not be able to completed although I have worked for it for a really long time.

Should I add this and reply to the second letter which saying the decision has not been made?

To put it bluntly, TfL will not care about this.

 

[Hadders]

I try to evade fare because I felt it’s interesting, but I explain to the officer that I fail to tap at the start. I have wrote in response letter that I felt it’s fun, and I didn’t write anything about what I said to the officer.

I really don’t think I can help you. I expect Transport for London to prosecute you.

 

[furlong]

Should I add this

Yes, if you write it from the perspective that you now realise you have an incentive not to cheat so it adds weight to a statement that you are always going to buy the proper tickets in future.

 

[John R]

So you think it interesting and fun to break the law, which by your own admission you suspect may have an impact on your ability to remain in the country? Like @Hadders I’m not sure what advice we can give, other than we expect TfL to prosecute, and they won’t care about your concerns about your visa status.

Though, on reflection, I’d probably advise that you choose other things to amuse you in future, else you may have more difficulties with the law.

 

[skyhigh]

I try to evade fare because I felt it’s interesting, but I explain to the officer that I fail to tap at the start. I have wrote in response letter that I felt it’s fun, and I didn’t write anything about what I said to the officer.

Bluntly if you wrote to TfL and said you fare evaded "because it's fun" then the only outcome is going to be prosecution and they'll ignore anything you come up with as an excuse now.

You have well and truly sunk any chance of avoiding court.

And quite frankly if that's your attitude (and you haven't changed your mind) you deserve prosecution.

 

[Sevenseven77]

Thank you all. I have to admit that I was really foolish and chose to do something very stupid and wrong. I am truly remorseful and will never break the law again.

It has indeed taught me a lesson, and I deeply regret it.

However, may I ask for some advice on this matter? What should I do for the next? I have contacted student union to talk about it. Should I contact a solicitor to represent me?

 

[Sevenseven77]

I have to say that I'm really remorseful from bottom of my heart.

 

[Titfield]

Thank you all. I have to admit that I was really foolish and chose to do something very stupid and wrong. I am truly remorseful and will never break the law again.

It has indeed taught me a lesson, and I deeply regret it.

However, may I ask for some advice on this matter? What should I do for the next? I have contacted student union to talk about it. Should I contact a solicitor to represent me?

It is difficult for forum members to give advice beyond what we have given already.

We know from responses posted that some people requesting help have employed a solicitor. The responses posted (which may not be truly representative of outcomes) is that sometimes prosecutions have been avoided and out of court settlements have been negotiated. We do not know for sure if the solicitor has negotiated a lower out of court settlement because we are not in possession of all the facts but there does seem to be a suggestion that the out of court settlement has been lower than may otherwise be expected. But those have come at a cost of some hundreds of pounds in solicitors fees.

Our experience of TfL is that they usually prosecute. I do not recall a case where an out of court settlement has been agreed but that is not to say there has not been one. I say "usually" because of late we have seen a number of cases where a warning has been given instead BUT and I certainly do not wish to give you false hope these seem to have been where there were compelling mitigating circumstances. Your case does not on the face of it have compelling mitigating circumstances.

I would see what the student union representative says first because imho you need professional advice about the visa / immigration issue as that is if greatest impact on you.