Fraudulent use of Zip Card

[altruisticdumb]

I know I'm an as****e I understand what I did was very very wrong. I'm an asylum seeker, female, 21. I've been using my brother's zip card 11-15 for a few months for travelling and today an officer stopped me when I was travelling from Brixton to Queens Park. I panicked all of a sudden and said this is my card and this me. Ofcourse they knew I was lying and then I lied again that I'm 16 and then I had to tell the truth showed my ID, gave my address everything. It was by mistake that I told her I was traveling from West Croydon to Queens Park because West Croydon is my local station and in between the panic, anxiety and losing my mind I just uttered West Croydon. I thought I was just getting fined, I 'd beg someone at the community and pay the fine. I swear I didn't know it was a severe crime and you could get persecuted for that. The officer said they aren't arresting me but they were supposed to. I honestly did not know that. I could not say anything to her. I literally had no money to pay for my fare that I had to use that card. I promise to never do that from now on. I'm looking for a job, I'm trying to be a better person. I wish I didn't have to come to this country, not having a home, not having access to education, I wish I didn't have to quit my bachelor degree. If I had that today, I wouldn't be begging for travel fares. I do not want to go to court anymore, I just get anxiety attacks I just want to run away from this life. Now, I understand why drugs are so common in this country. Sorry, I know this isn't a place to rant. First of all, the officer said I'd be contacted by TFL by letter I think so. I would have to tell my parents that another disaster has happened. Secondly, I do not want to go to court but other posts on this forum says that TFL is very strict. Will I get prison sentence? Can this happen without going to court? Will I have to seek legal advice? Will I have to hire a lawyer? Thirdly, how much time does it take for them to reach you? How much longer can I keep this from my parents? Fourthly, Can TFL in any circumstances not offer concession in fines if we stay out of court? How would I pay even if that happens. I regret regret and regret doing this so much. It won't affect my brother right? Can it affect my or my parent's case? Will I never be able to get a job now?

 

[Gloster]

First point. We cannot by law provide advice about matters related to you or your family’s immigration status. Only somebody authorised by the Office of the Immigration Service Commissioner can do so. However, it may be best to wait until you have had a first letter from TfL before taking any such steps.

The chances of you going to prison over the misuse of the card are virtually zero. It will probably take several weeks for TfL to send you a letter, which is when you will know how you stand. Getting a lawyer at this stage is probably of little use as they don’t know how TfL will act. You have just got to wait, hard as that may be. Personally, I would tell your parents as you will probably have to at some point, but that can only be your decision.

I am not an expert, but hopefully one will be along soon.

 

[WAB]

First of all, the officer said I'd be contacted by TFL by letter I think so. I would have to tell my parents that another disaster has happened. Secondly, I do not want to go to court but other posts on this forum says that TFL is very strict. Will I get prison sentence?

They are very strict and you will be prosecuted in court, but a prison sentence is unlikely. In general, an offence like this needs to be declared if you are asked about convictions, but in most cases does not have particularly serious repercussions. However, this may differ for your asylum case which we cannot by law provide advice on - I recommend you seek advice on this matter from someone approved by the government if you have concerns.

Can this happen without going to court?

You may well be given the opportunity to respond to a 'Single Justice Penalty Notice' in which case you will be able to plead guilty via form and not need to attend court in person.

Will I have to seek legal advice? Will I have to hire a lawyer?

The experts may be able to give more information on this, but it's worth noting that from what you have said, TfL have a strong case against you. A lawyer would be expensive.

Thirdly, how much time does it take for them to reach you?

It can take some time, maybe months - others may be able to give the usual timeframe.

Fourthly, Can TFL in any circumstances not offer concession in fines if we stay out of court?

They treat using someone else's pass very seriously, and it is very unusual for them to offer to settle out of court. One benefit of being fined by the court is that they will take note of your financial circumstances and set up a payment plan, whereas TfL would expect all of the money in one go if settled out of court.

How would I pay even if that happens.

Details will be given in the paperwork sent to you. Feel free to post it here with your personal details (name, address, reference numbers) blocked out if you need further advice.

I regret regret and regret doing this so much. It won't affect my brother right? Can it affect my or my parent's case?

You should inform your brother that you have been caught using his pass - his pass may be withdrawn and he'll have to pay the full fare. Other consequences are unlikely. See above re. your asylum case.

Will I never be able to get a job now?

Most employers won't care except for a few where high levels of trust are expected (lawyers, finance, police etc.)

 

[Hadders]

Welcome to the forum!

Transport for London take misuse of Zip 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
- 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

 

[altruisticdumb]

I received this letter today within just a week. I do not know how to respond or what to do. What should I do? Should I tell them my circumstances, my problems, my financial situation or my regrets? Can I ask them not to take this to court? Is it possible for them to just forgive me and not take any action? I'm afraid going to court will definitely affect my case. Out of court settlement will be expensive. What should I do? What should I write to them? What should I say in my defense? I'm so helpless.

 

[island]

I received this letter today within just a week. I do not know how to respond or what to do. What should I do? Should I tell them my circumstances, my problems, my financial situation or my regrets? Can I ask them not to take this to court? Is it possible for them to just forgive me and not take any action? I'm afraid going to court will definitely affect my case. Out of court settlement will be expensive. What should I do? What should I write to them? What should I say in my defense? I'm so helpless.

Please read the post immediately above yours which explains what you should say.

 

[WAB]

Is it possible for them to just forgive me and not take any action?

Theoretically possible, but it would be unusual.

Follow the advice of Hadders above for preparing a draft response. Feel free to post it here with personal details removed for feedback.

Although an out of court settlement is unlikely, be prepared to pay as soon as you receive an offer as they’ll want all of the money at once. Court will not have a cheap outcome and you’re concerned about the implications of a conviction, so it’s best to take the out of court route if you are offered a settlement and can afford to pay straight away.

 

[altruisticdumb]

Dear Investigations Appeals and Prosecutions Team,

I am writing to you in response to your letter regarding the incident that occurred on ***** involving the misuse of a zip card. I deeply regret my actions and I cannot explain how embarrassed I am.

I take full responsibility for my wrongdoing and realize that this was a serious offence that I should not have committed under any circumstances. I am really sorry for what I did and for the inconvenience and harm caused to TFL. I understand when I was stopped by the officer, I panicked and was initially untruthful which was also wrong.

I am 21, currently unemployed, and planning to go to university and a criminal conviction would negatively affect my future prospects. Although I understand that I do not deserve this, I want to ask if it is possible to resolve this matter without going to the court. I promise to never commit fare evasion ever again because I've learnt my lesson from this incident and realized how wrong my actions were. I am deeply ashamed of what I did, and if possible, I am willing and prepared to pay any outstanding fare and costs that you have incurred while handling my case.

I truly apologize to TFL and everyone who has been affected by my actions. I hope that you will consider my request and allow us to settle this out of court without any criminal conviction.

Thank you,
Name

Is this email fine? I do not know how much I should write. I do not think they will be convinced but I did not want to write a long email that they wouldn't want to read. Should I change something?

 

[tiago1234]

I was in a similar situation to you. I got caught using a Freedom pass that does not belong to me early this year. I have used this card many times, monday-friday for 3 months. I was not aware of the implication, I was happy to pay the fine.
As Hadders say, TFL takes this matter seriously. But through this forum, I managed to make my letter.
After 7 weeks I received their response yesterday and I was given a warning. I was so lucky!
Say youre remorseful and wont do it again. But what I believed made a big impact was I went with the not in the public interest to prosecute me. You need to evidence this though.
I work in a profession that I would have to declare any conviction, so I was over the moon. I dont know what I was thinking, but I learned my lesson. Pay the fare.

 

[kkong]

I received this letter today within just a week.

Your name and address is still visible in the PDF behind your attempt to obscure it.

So you may wish to take down the letter and re-upload it with your details properly obscured.

 

[Hadders]

I was in a similar situation to you. I got caught using a Freedom pass that does not belong to me early this year. I have used this card many times, monday-friday for 3 months. I was not aware of the implication, I was happy to pay the fine.
As Hadders say, TFL takes this matter seriously. But through this forum, I managed to make my letter.
After 7 weeks I received their response yesterday and I was given a warning. I was so lucky!
Say youre remorseful and wont do it again. But what I believed made a big impact was I went with the not in the public interest to prosecute me. You need to evidence this though.
I work in a profession that I would have to declare any conviction, so I was over the moon. I dont know what I was thinking, but I learned my lesson. Pay the fare.

It is highly unusual for TfL not to prosecute in these circumstances, and anyone reading this thread in relation to their own case should not assume that a warning is the likely outcome.

I would be interested ti know more about the exact circumstances of your case, to assist in offering appropriate advice to others in the future. WOuld you be able to tell us more about your case. I'm happy for you to send me a private conversation message if you prefer. I'll ask an Administrator to enable private conversation messages on your account as you normally need to make five posts before this functionality is enabled.

 

[WesternLancer]

Dear Investigations Appeals and Prosecutions Team,

I am writing to you in response to your letter regarding the incident that occurred on ***** involving the misuse of a zip card. I deeply regret my actions and I cannot explain how embarrassed I am.

I take full responsibility for my wrongdoing and realize that this was a serious offence that I should not have committed under any circumstances. I am really sorry for what I did and for the inconvenience and harm caused to TFL. I understand when I was stopped by the officer, I panicked and was initially untruthful which was also wrong.

I am 21, currently unemployed, and planning to go to university and a criminal conviction would negatively affect my future prospects. Although I understand that I do not deserve this, I want to ask if it is possible to resolve this matter without going to the court. I promise to never commit fare evasion ever again because I've learnt my lesson from this incident and realized how wrong my actions were. I am deeply ashamed of what I did, and if possible, I am willing and prepared to pay any outstanding fare and costs that you have incurred while handling my case.

I truly apologize to TFL and everyone who has been affected by my actions. I hope that you will consider my request and allow us to settle this out of court without any criminal conviction.

Thank you,
Name

Is this email fine? I do not know how much I should write. I do not think they will be convinced but I did not want to write a long email that they wouldn't want to read. Should I change something?

I would suggest your draft is acceptable. It could be difficult to secure an out of court settlement but there can presumably be no harm in sending this to ask for one.

Good luck with this.

 

[altruisticdumb]

Thank you. Lets see what happens, fingers crossed.