Got a letter of prosectuion

[beastman9901]

Hi everyone, I’m looking for some advice regarding an issue with my cousin’s 11-15 Oyster card. I know this is a rail forum but cant find one for busses. I was recently on a bus and used her card, explaining to the officer that I was planning to return it to her, which I genuinely intended to do. I mentioned that this was my first offence in my letter back in hopes that they might be lenient and settle the matter without a penalty.
However, I’m a bit concerned because I think I might have a prior offence from about 4 years ago. At the time, I didn’t tap my card at a station because I was in a rush. I’m not sure if that penalty ended up in my mum’s name or mine, as she was the one speaking to the officer then.
Has anyone had experience with a situation like this? Do you think TfL might still consider this my first offence despite the potential prior issue and will settle or Any advice on how to handle it would be really helpful.

Thanks in advance!

 

[AlterEgo]

TfL prosecute these offences as a matter of course, there will be no "penalty".

The most likely outcome from this, if you are an adult, is a conviction in the magistrates' court for a criminal offence under the TfL Bylaws. The result will be:

- A fine based on your income (the sentence for the offence and discounted by a third if you plead guilty at the first opportunity)
- A surcharge of 40% of the value of the fine
- A contribution towards TfL's costs
- Compensation for the fare avoided

Can we see the correspondence you have been sent and your reply? Please remove your personal details.

Also, can you confirm if you are over 18, or under 18?

 

[beastman9901]

Hi, thanks for your reply. I just want to add a few things for context:
The letter i got was the one which said to reply in 10 days explaining the story and why tfl should not prosecute etc

• I’m 20 years old and currently not working, so I don’t have a stable income.
• This was my first offence and I’ve never had any prior issues with TfL aside from maybe a forgotten tap in the past (which I paid a penalty fare for at the time).
• I’ve already admitted fault, apologised sincerely, and sent a written request to settle the matter outside of court — including offering to pay any reasonable amount.
• The Zip card belonged to a family member who left it behind and I made the mistake of using it during that time.

I fully understand what I did was wrong and I regret it deeply. I’ve learned from this and won’t make that kind of mistake again.

Thanks for any further advice.

i do ofc have my savings account my child trust fund which has 3k in there which i use sometimes
Also im asking if they do settle as ive had a friend of mine whos sister was caught using somebodys card for years and when she got a lawyer tfl settled for £500

TfL prosecute these offences as a matter of course, there will be no "penalty".

The most likely outcome from this, if you are an adult, is a conviction in the magistrates' court for a criminal offence under the TfL Bylaws. The result will be:

- A fine based on your income (the sentence for the offence and discounted by a third if you plead guilty at the first opportunity)
- A surcharge of 40% of the value of the fine
- A contribution towards TfL's costs
- Compensation for the fare avoided

Can we see the correspondence you have been sent and your reply? Please remove your personal details.

Also, can you confirm if you are over 18, or under 18?

replied above if it helps

 

[AlterEgo]

Also im asking if they do settle as ive had a friend of mine whos sister was caught using somebodys card for years and when she got a lawyer tfl settled for £500

TfL do not offer out of court settlements, as per Freedom of Information disclosures on the subject. See: https://tfl.gov.uk/corporate/transp.../foi-request-detail?referenceId=FOI-1521-2223

1. The number of out-of-court settlements made by TFL in the last 5 years.

I am enquiring about settlements after representations are made by law firms on behalf of individuals to TfL RE fare evasion strict liability offences

TfL does not offer out of court settlement in criminal cases such as fare evasion, but cases may be reviewed on evidential or public interest grounds following representations on behalf of the defendant. In such situations, if considered appropriate depending on the facts of each case, the case will be discontinued in accordance with The Code for Crown Prosecutors.

The laywer might have cost £500 but TfL's policy is binary: either a warning, or prosecution. The vast majority of cases are prosecuted; TfL convicts about 20,000 people a year in this manner. https://content.tfl.gov.uk/revenue-enforcement-and-prosecutions-policy.pdf

The received wisdom here is that to stand a better chance of avoiding prosecution one needs to get a solicitor to represent you; this will cost somewhere between £500 and £1000 depending on the firm and the specifics of the case. It is worth mentioning that TfL will consider nearly all abuses of high value passes as the most serious ticketing offence they deal with. Revenue inspections are rare and you need to be extremely unlucky to use a pass only once and also be caught on that only time, and they are unlikely to believe you were only using the pass to give it back to your cousin, not that this is a defence in any way. They will audit the pass for a travel history and attempt to detect other offending through pattern analysis.

 

[beastman9901]

TfL do not offer out of court settlements, as per Freedom of Information disclosures on the subject. See: https://tfl.gov.uk/corporate/transp.../foi-request-detail?referenceId=FOI-1521-2223

1. The number of out-of-court settlements made by TFL in the last 5 years.

I am enquiring about settlements after representations are made by law firms on behalf of individuals to TfL RE fare evasion strict liability offences

TfL does not offer out of court settlement in criminal cases such as fare evasion, but cases may be reviewed on evidential or public interest grounds following representations on behalf of the defendant. In such situations, if considered appropriate depending on the facts of each case, the case will be discontinued in accordance with The Code for Crown Prosecutors.

The laywer might have cost £500 but TfL's policy is binary: either a warning, or prosecution. The vast majority of cases are prosecuted; TfL convicts about 20,000 people a year in this manner. https://content.tfl.gov.uk/revenue-enforcement-and-prosecutions-policy.pdf

The received wisdom here is that to stand a better chance of avoiding prosecution one needs to get a solicitor to represent you; this will cost somewhere between £500 and £1000 depending on the firm and the specifics of the case. It is worth mentioning that TfL will consider nearly all abuses of high value passes as the most serious ticketing offence they deal with. Revenue inspections are rare and you need to be extremely unlucky to use a pass only once and also be caught on that only time, and they are unlikely to believe you were only using the pass to give it back to your cousin, not that this is a defence in any way. They will audit the pass for a travel history and attempt to detect other offending through pattern analysis.

Thanks for your response and for pointing out the typical prosecution process. I understand that most cases are prosecuted and that TfL doesn’t offer out-of-court settlements, but I’m still hoping there’s a chance they might be lenient given my circumstances.
As I mentioned, this is my first offence and I’ve admitted to the mistake to them just I’m really concerned about the potential long-term effects of a conviction, especially since I don’t have a criminal record, I’m 20, and I’m not currently employed.
I’ve read that there are rare cases where they might consider dropping the charges based on specific circumstances, and I’m hoping to get a bit of clarity on whether that’s something I should realistically hope for, or if I should prepare for the worst-case scenario.

Again, any advice would be really appreciated. Thanks for your time and insight!

TfL do not offer out of court settlements, as per Freedom of Information disclosures on the subject. See: https://tfl.gov.uk/corporate/transp.../foi-request-detail?referenceId=FOI-1521-2223

1. The number of out-of-court settlements made by TFL in the last 5 years.

I am enquiring about settlements after representations are made by law firms on behalf of individuals to TfL RE fare evasion strict liability offences

TfL does not offer out of court settlement in criminal cases such as fare evasion, but cases may be reviewed on evidential or public interest grounds following representations on behalf of the defendant. In such situations, if considered appropriate depending on the facts of each case, the case will be discontinued in accordance with The Code for Crown Prosecutors.

The laywer might have cost £500 but TfL's policy is binary: either a warning, or prosecution. The vast majority of cases are prosecuted; TfL convicts about 20,000 people a year in this manner. https://content.tfl.gov.uk/revenue-enforcement-and-prosecutions-policy.pdf

The received wisdom here is that to stand a better chance of avoiding prosecution one needs to get a solicitor to represent you; this will cost somewhere between £500 and £1000 depending on the firm and the specifics of the case. It is worth mentioning that TfL will consider nearly all abuses of high value passes as the most serious ticketing offence they deal with. Revenue inspections are rare and you need to be extremely unlucky to use a pass only once and also be caught on that only time, and they are unlikely to believe you were only using the pass to give it back to your cousin, not that this is a defence in any way. They will audit the pass for a travel history and attempt to detect other offending through pattern analysis.

i see thank you i always seeing if they do settle as a forum i saw before was that a where a guy used his brothers 11-15 oyster for 1 whole year n they settled

 

[beastman9901]

I have got a reply from them saying
Thank you for responding to our enquiry letter.



Please note Transport for London do not settle matters outside of court.



Your comments will be taken into consideration when reviewing this case and we will contact you as soon as we have reached a decision.



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

 

[AlterEgo]

As I mentioned, this is my first offence and I’ve admitted to the mistake to them just I’m really concerned about the potential long-term effects of a conviction, especially since I don’t have a criminal record, I’m 20, and I’m not currently employed.
I’ve read that there are rare cases where they might consider dropping the charges based on specific circumstances

They will drop the charge if it doesn’t satisfy the public interest test, but none of anything you have said about your circumstances would come close to that in my opinion.

This also isn’t your first offence; you have done this at least 18 times and would have offended further had you not been caught. It is the first time you got caught though - but I am afraid there is no policy where they let you off the first time. This is the most type of serious ticketing offence TfL deal with.

i see thank you i always seeing if they do settle as a forum i saw before was that a where a guy used his brothers 11-15 oyster for 1 whole year n they settled

TfL simply do not settle matters. Prosecution or warning only, as they’ve indicated by reply.

 

[Hadders]

It's worth looking at TfL's Revenue Enforcement & Prosecutions Policy, specifically section 8. This gives details of the factors theyt take into consideration when deciding whether or not to prosecute.

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

 

[beastman9901]

They will drop the charge if it doesn’t satisfy the public interest test, but none of anything you have said about your circumstances would come close to that in my opinion.

This also isn’t your first offence; you have done this at least 18 times and would have offended further had you not been caught. It is the first time you got caught though - but I am afraid there is no policy where they let you off the first time. This is the most type of serious ticketing offence TfL deal with.


TfL simply do not settle matters. Prosecution or warning only, as they’ve indicated by reply.

8 not 18 plus in my email to the lady doing my case I said i barley go outside im jobless been trying to find work online but i cant i have bank transactions for whenever i do go outside i tap using tfl (isn’t many transactions as again i dont go outside) only go out once every couple months n again i tap it was just the one off where i was returning it

It's worth looking at TfL's Revenue Enforcement & Prosecutions Policy, specifically section 8. This gives details of the factors theyt take into consideration when deciding whether or not to prosecute.

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

I read section 8 I don’t know if they’ll count my penalty fare from 4 years ago where I forgot to tap on the train as I was in a rush with my mother (I was 16 at the time) and the others probably won’t help even if I’m jobless and even when I am jobless that I have had times I’ve tapped in

 

[notmyrealname]

It wouldn't help with the current situation but might you qualify for a Jobcentre travel card if you're unemployed? Assuming you're attending the Jobcentre.

 

[beastman9901]

It wouldn't help with the current situation but might you qualify for a Jobcentre travel card if you're unemployed? Assuming you're attending the Jobcentre.

I don’t go job centre found it useless and I’ve been applying for jobs at home and as stated before I barley go outside like I barley ever since 2023 go outside or use transport aswell since 2023 when my 16+ ran out till now I’ve used tfl 12 times max I just don’t go outside no point for me to use transport just was returning the card

 

[Pushpit]

I don’t go job centre found it useless and I’ve been applying for jobs at home and as stated before I barley go outside like I barley ever since 2023 go outside or use transport aswell since 2023 when my 16+ ran out till now I’ve used tfl 12 times max I just don’t go outside no point for me to use transport just was returning the card

Is it just jobless-ness that means you barely go outside? No need to answer this here, but significant mental health issues, backed by medical evidence, is one of the few ways that TfL may give a final warning. The other reasons seen in this forum don't seem to apply to you, namely
- being under 18 or over 60 years old
- being forced by unusual circumstances to break the law
- where a prosecution would have a disproportionate effect (e.g. being kicked out of the UK because of visa - work issues)
plus medical grounds, plus paying a solicitor to intervene on your behalf. Being jobless isn't a factor, nor is poverty, nor is being 20 years old. The previous issue, 4 years ago, is unlikely to make any difference in my view.

Otherwise TfL is a factory churning out prosecutions - hundreds of them every week.

 

[beastman9901]

Is it just jobless-ness that means you barely go outside? No need to answer this here, but significant mental health issues, backed by medical evidence, is one of the few ways that TfL may give a final warning. The other reasons seen in this forum don't seem to apply to you, namely
- being under 18 or over 60 years old
- being forced by unusual circumstances to break the law
- where a prosecution would have a disproportionate effect (e.g. being kicked out of the UK because of visa - work issues)
plus medical grounds, plus paying a solicitor to intervene on your behalf. Being jobless isn't a factor, nor is poverty, nor is being 20 years old. The previous issue, 4 years ago, is unlikely to make any difference in my view.

Otherwise TfL is a factory churning out prosecutions - hundreds of them every week.

Joblessness anti social no point in going out with no money and no friends really I’m inside mainly all the time
Plus I think it’s my first offence as the other time I got like caught or a penalty was with greater angelia not a tfl train

Is it just jobless-ness that means you barely go outside? No need to answer this here, but significant mental health issues, backed by medical evidence, is one of the few ways that TfL may give a final warning. The other reasons seen in this forum don't seem to apply to you, namely
- being under 18 or over 60 years old
- being forced by unusual circumstances to break the law
- where a prosecution would have a disproportionate effect (e.g. being kicked out of the UK because of visa - work issues)
plus medical grounds, plus paying a solicitor to intervene on your behalf. Being jobless isn't a factor, nor is poverty, nor is being 20 years old. The previous issue, 4 years ago, is unlikely to make any difference in my view.

Otherwise TfL is a factory churning out prosecutions - hundreds of them every week.

Could I write a follow up email in two weeks assuming if they don’t write back showing my friend paying my debt from a card and a friend paying for travel for future usages ofc it would be an online friend I don’t go out and talk to people loads of social anxiety I don’t even go to the doctors

 

[Pushpit]

Could I write a follow up email in two weeks assuming if they don’t write back showing my friend paying my debt from a card and a friend paying for travel for future usages ofc it would be an online friend I don’t go out and talk to people loads of social anxiety I don’t even go to the doctors

Firstly read this from the NHS and the various links off this page:

Get help with anxiety, fear or panic

Read practical tips and advice on what to do if you're struggling with anxiety, fear or panic

www.nhs.uk

They mean you. Lack of social interaction is a serious problem, more fatal than some cancers, and just as you would need medical assistance if you broke a leg, a broken spirit often needs you to reach out to get help. Ring your surgery on Wednesday afternoon (the public holiday makes Tuesday rather busy) and rather than asking for a doctor's appointment - though it may lead to that- ask what services they provide, for example if they have a life coach or social prescriber. This seems a bigger problem than you have with TfL but by all means mention your Oyster card issue to whoever you end up seeing.

If you do nothing, TfL will likely take you to court. You won't have many options here, TfL holds the cards, but you can take the first step. In terms of who pays TfL or the court, no-one will be bothered about that, that's not worth focusing on. If it does end up in court, it will be hassle and stress, but you will get over it.

 

[beastman9901]

I’ve sent three emails to the person on my case explaining my case and stuff I was thinking of sending one in 3 weeks if there’s no reply showing I’m getting help for future travels etc and for them not to prosecute under there section 8 prosecution policy

 

[AlterEgo]

I’ve sent three emails to the person on my case explaining my case and stuff I was thinking of sending one in 3 weeks if there’s no reply showing I’m getting help for future travels etc and for them not to prosecute under there section 8 prosecution policy

Don’t badger them. You have one opportunity to present your mitigation until they get in touch with you again. Any future correspondence may not be replied to by them, it might not even be assigned to your case.

If they get in touch with you again, come back for help, and send one reply.

 

[beastman9901]

Don’t badger them. You have one opportunity to present your mitigation until they get in touch with you again. Any future correspondence may not be replied to by them, it might not even be assigned to your case.

If they get in touch with you again, come back for help, and send one reply.

Welp I have sent three emails so I’m probably screwed just saw in other places before coming here to send quite a few but guess that’s messed up my case a bit

Also was wondering if things do get bad would it affect any esta or future visa for future travel i know it might be hard for a job if things go bad but for travel aswell need to know

 

[island]

Fare evasion does not reach the threshold to be refused entry to the USA.