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

[sudha]

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 and didn't realize the seriousness of the matter. I thought it was okay without doing any research beforehand. I have used it many times and never knew this is such a serious wrong action.

Now, I'm worried about the consequences, especially since I'm starting my master's in psychology soon. The ticket inspector seized my card and took down my details, mentioning that I may receive a letter and could be taken to court.

I'm feeling extremely anxious about the potential penalties, including the impact on my DBS record. If anyone has any advice or insights on what I should do next, I would greatly appreciate it. Please

Thank you in advance for your help.

 

[Ducky88]

1. It happened now, so don't panic too much
2. Wait for the letter to arrive, waiting is the worst part I know but that's all you can do now.
3. Make a note of how many times you have done this as they may ask you for it
4. Post a copy of the letter here once you receive it but remove all personal details.

Others will have more advice but don't panic

 

[Titfield]

When you say photocard precisely what pass is this?

Do you know which train operating company stopped you? Was it TfL (Transport for London)?

 

[Snow1964]

When you say photo card, is it a ticket or pass with a photo, or is a photocard that accompanies a season ticket he has bought.

Do you also have a photo card and a season ticket you also bought. If you have two purchased tickets (both valid) and you accidentally picked up wrong one and swapped, will be treated differently to if you used someone else's ticket because you didn't have one.

You need to advise what type of ticket both of you had, or did you only have one ticket. Did you buy the ticket/pass or is it one issued to you or your husband by someone (if so who)

 

[sudha]

1. It happened now, so don't panic too much
2. Wait for the letter to arrive, waiting is the worst part I know but that's all you can do now.
3. Make a note of how many times you have done this as they may ask you for it
4. Post a copy of the letter here once you receive it but remove all personal details.

Others will have more advice but don't

When you say photocard precisely what pass is this?

Do you know which train operating company stopped you? Was it TfL (Transport for London)?

18+ student card, it was underground (TFL)

When you say photo card, is it a ticket or pass with a photo, or is a photocard that accompanies a season ticket he has bought.

Do you also have a photo card and a season ticket you also bought. If you have two purchased tickets (both valid) and you accidentally picked up wrong one and swapped, will be treated differently to if you used someone else's ticket because you didn't have one.

You need to advise what type of ticket both of you had, or did you only have one ticket. Did you buy the ticket/pass or is it one issued to you or your husband by someone (if so who)

It was a 18+ photocard with monthly travel card with discount for zones, as he got this as a masters student in London. I didn't know that it is a big matter so used it for long period even though I had my normal oyster card which I used to use.



I do have a normal oyster card which haven't been used since I started using that photocard. I never knew this is such a big issue and could be this bad it was completely naive of me to not be responsible and trying to save by using such discount. I feel terrible and it continuously gives me mental break down every second and minutes.

will this lead me to jail? it is so scary and frustrating

 

[ikcdab]

Others will come along soon and comment on the likelihood of being prosecuted. However, if you are taken to court, then you will almost certainly NOT be going to jail. The normal outcome is a fine

 

[Brissle Girl]

It's worth noting that TfL rarely adopts the practice of the national train operators of offering out of court settlements, so it's highly likely that you will be prosecuted. As it is clear that you were not travelling with a valid ticket, a conviction should be expected, which will mean that you will have a criminal records, as well as incurring a fine, together with costs and a victim surcharge amount.

I do recall one recent case which didn't go to prosecution, but it's very rare, so I think you should get your mind used to the fact that you are likely to get a conviction in due course. But as noted above, there is no chance that you will go to jail (unless you commit perjury (lie) in court, which is highly inadvisable).

 

[Hadders]

Welcome to the forum!

Let's be clear, you will not be going to jail for this. That said, Transport for London take misuse of 18+ Oyster cards very seriously and a prosecution under the TfL Bylaws is the usual outcome.

As for what happens next TfL will send you a Verification Letter, normally within a couple of weeks. The letter will ask you to confirm or deny the incident and ask you to give any mitigating circumstances which you would like them to take into account when deciding how to proceed.

I suggest you mention the following in your reply:

- That you are sorry for what has happened
- What you have learned from the incident
- That you are keen to settle the matter without the need for court action
- Offer to pay the outstanding fare and TfL's administrative costs in dealing with the matter

TfL generally do not offer out of court settlements although in some very limited circumstances they have been known to issue a final warning instead of prosecution. Prosecutions are normally done through what is called a Single Justice Procedure Notice. This means that if you plead guilty it is not necessary to attend court in person (unless you choose to do), you simply return the form to the court with any mitigation you want them to tae into account and they will write to you with the details of the fine you have to pay.

If you are prosecuted and plead guilty (or are found guilty by the court) then you will have to pay:

- A fine based on your income (normally reduced by a third if you plead guilty at the earliest opportunity)
- A surcharge of 40% of the value of the fine
- A contribution towards TfL's costs
- Compensation for the fares avoided

If you are found guilty then this is a criminal conviction. If you are prosecuted under the TfL Bylaws (which is what normally happens) then the conviction isn't normally recorded on the Police National Computer and won't normally appear on Basic DBS checks although we always advise people to be honest when asked if they have a conviction.

A criminal conviction for a railway ticketing matter won't normally affect future career prospects but do note that legally we are unable to comment or assist when it comes to immigration issues.

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

 

[sudha]

I have used it for work for 3-4 months, what are the possible consequences of this situation? I am very ashamed of this mistake.

 

[Hadders]

I have used it for work for 3-4 months, what are the possible consequences of this situation? I am very ashamed of this mistake.

The consequences are as I explained above. You're likely to be prosecuted under the TfL Byelaws.

 

[Wolfie]

I have used it for work for 3-4 months, what are the possible consequences of this situation? I am very ashamed of this mistake.

Most likely a criminal conviction and a consequential hefty financial hit.

You really need to get out of the mindset of calling it a "mistake" though or you will destroy any slim chance of an out of court settlement. You made a conscious decision to use that ticket and need to acknowledge that.

 

[Pushpit]

I have used it for work for 3-4 months, what are the possible consequences of this situation? I am very ashamed of this mistake.

I think it has been mentioned but the possible consequence is a court summons, a conviction under the bye laws, a fine from the court, victims' surcharge, court costs, TfL costs, and recovery of lost fare income. Several hundred pounds in other words. with the fine relating to your income. It's unlikely to end up on a DBS, but if your employer legitimately asks about any criminal convictions you do need to disclose that. That sounds bad, but it is at the lower end of the criminal justice system, similar to traffic offences, and the long term ramifications are rarely serious.

 

[sudha]

I don't want to lie anything on this, I want to tell the truth. I am concerned about my career because I am a social worker and this field needs a heavy DBS check and any will ruin my career which I can't afford at any cost. Please let me know what is the best and wisest response to take my chance for out of court.

 

[Fawkes Cat]

I don't want to lie anything on this, I want to tell the truth. I am concerned about my career because I am a social worker and this field needs a heavy DBS check and any will ruin my career which I can't afford at any cost. Please let me know what is the best and wisest response to take my chance for out of court.

If you are a member of a trade union, you might want to talk to a union rep to find out - in confidence - what approach your employer is likely to take. At best, that would remove one worry: at worst, you will know what problem you are facing.

 

[Titfield]

I don't want to lie anything on this, I want to tell the truth. I am concerned about my career because I am a social worker and this field needs a heavy DBS check and any will ruin my career which I can't afford at any cost. Please let me know what is the best and wisest response to take my chance for out of court.

As others have said, sadly, it is extremely unlikely that TfL will NOT take this matter to court.

TfLs policy as referenced above is to take cases such as this to court.

This forum has seen a very small number of cases which have avoided going to court (and a firm warning given instead) but we do not know precisely why. We can though make some form of assumption that there were very powerful compelling circumstances surrounding the use of the card. Using the card for 3 -4 months as in your case will almost certainly imho outweigh any compelling circumstances there may have been.

We know that some people in your situation have engaged a lawyer but we do not know to what extent if any this will improve your chances of keeping the matter out of court.

As @Fawkes Cat has suggested you need to speak to a union rep as this will at least give you more guidance as to the likely outcome.

 

[AlterEgo]

I don't want to lie anything on this, I want to tell the truth. I am concerned about my career because I am a social worker and this field needs a heavy DBS check and any will ruin my career which I can't afford at any cost. Please let me know what is the best and wisest response to take my chance for out of court.

Your best chance is to instruct a solicitor. Out of court settlements are extremely rare with TfL because they take a firm view on the wanton misuse of other people's passes.

 

[Pushpit]

I don't want to lie anything on this, I want to tell the truth. I am concerned about my career because I am a social worker and this field needs a heavy DBS check and any will ruin my career which I can't afford at any cost. Please let me know what is the best and wisest response to take my chance for out of court.

Don't worry too much, it is an issue, but DBS is a red herring. For example if you are HCPC, then you need to keep the Council informed of cautions and convictions unless protected. That's irrespective of DBS. Not mentioning a conviction is much, much more serious that having a minor conviction. There are plenty of HCPC members with convictions for fare evasion, speeding, even some with drink driving convictions. On the HCPC website you will see what they really worry about - things that attract prison sentences - and you are nowhere near that. Now dishonesty is a bit of a grey area, and it is an obvious area of concern for those in the social sector, but the idea of this ruining your career is most unlikely so long as you show honesty and transparency going forward.

 

[AlterEgo]

Now dishonesty is a bit of a grey area, and it is an obvious area of concern for those in the social sector, but the idea of this ruining your career is most unlikely so long as you show honesty and transparency going forward.

Fortunately for the OP, if they are convicted, it will be under the Bylaws, which are strict liability. No intent need be proven; they are not "dishonesty" offences.

 

[sudha]

Thank you everyone for your information will wait for the letter. I won't get a lawyer involved as I have no intention of misleading the truth. I made a big mistake and I will own up to it. Hopefully, this will not hit my life forever. But a big lesson was learnt.

 

[AlterEgo]

Thank you everyone for your information will wait for the letter. I won't get a lawyer involved as I have no intention of misleading the truth. I made a big mistake and I will own up to it. Hopefully, this will not hit my life forever. But a big lesson was learnt.

A lawyer is not there to help you “mislead the truth”. A lawyer is there to negotiate on your behalf and defend you in law.

 

[sudha]

A lawyer is not there to help you “mislead the truth”. A lawyer is there to negotiate on your behalf and defend you in law.

I'm too scared and not sure if that's a wise approach, as it could potentially offend or create a negative impression in the eyes of TFL.

 

[Pushpit]

I'm too scared and not sure if that's a wise approach, as it could potentially offend or create a negative impression in the eyes of TFL.

I don't think TfL will worry about that, they have to deal with many, many cases, some via a solicitor, most of them direct. I nevertheless think your approach is valid at this stage, let's see what the letter says in the next few weeks, but you don't need to be scared. It was the wrong thing for you to do, you won't be doing it again, so it's all about damage limitation now. Once the letter arrives, by all means share it (minus personal details and reference numbers) and the draft of your reply, then some experienced people here will doubtless do their best to get over to TfL the best case.

 

[30907]

Fortunately for the OP, if they are convicted, it will be under the Bylaws, which are strict liability. No intent need be proven; they are not "dishonesty" offences.

Also worth adding that, from the evidence we have, they will (almost?) always simply prosecute for one offence of not having a valid ticket (the occasion when the person was caught). They obviously reckon that is the most effective (cost-effective?) deterrent.

 

[fandroid]

Also worth adding that, from the evidence we have, they will (almost?) always simply prosecute for one offence of not having a valid ticket (the occasion when the person was caught). They obviously reckon that is the most effective (cost-effective?) deterrent.

However, TfL seem to regularly ask people to attend court when a card has been misused over a period of time. That means that all the offences are dealt with ("taken into consideration") and the court awards TfL the full value of all the fares that should have been paid. Others can tell us in more detail what that process involves. We don't know for certain that will happen and TfL are unlikely to say it in their first letter which normally just asks for the traveller's version of events.

 

[sudha]

FIRST POST:
Here is my first received post from TFL police.

 

[Hadders]

FIRST POST:
Here is my first received post from TFL police.

View attachment 156952

This is the Verification Letter I referred to in post #8 above.

Post a copy of your draft reply i this thread and forum members will proof read it for you.