Honestly not aware of what I have done

[Priya]

Hi ,
I was travelling from White City to Langley on Friday March 15th . I travel everyday to work taking off peak ticket . I took my husbands weekly pass and travelled on Friday thinking that as it is a valid ticket I can travel,honestly unaware that we can't travel on other tickets ,on that day inspector caught me and raised a complain against me ,then u came to know that we can't travel on other tickets .i told him the same but he was not convinced .i'm really worried because I have started my career few months ago and a Dbs check will spoil my career .plz can anyone advice what's going to happen next ? Any advice is highly appreciated .

 

[Haywain]

Hi ,
I was travelling from White City to Langley on Friday March 15th . I travel everyday to work taking off peak ticket . I took my husbands weekly pass and travelled on Friday thinking that as it is a valid ticket I can travel,honestly unaware that we can't travel on other tickets ,on that day inspector caught me and raised a complain against me ,then u came to know that we can't travel on other tickets .i told him the same but he was not convinced .i'm really worried because I have started my career few months ago and a Dbs check will spoil my career .plz can anyone advice what's going to happen next ? Any advice is highly appreciated .

In the first instance you will, in due course, receive a letter from the train operating company and until that happens there is little you can do. However, you should be aware that you have, undoubtedly, committed an offence and it is a general principle of law that ignorance of wrongdoing is not a defence. There is a good chance that the train company will, in due course, agree to settle without taking the matter to court, but this will have a significant cost (unlikely to be under three figures) attached.

 

[ForTheLoveOf]

Hi ,
I was travelling from White City to Langley on Friday March 15th . I travel everyday to work taking off peak ticket . I took my husbands weekly pass and travelled on Friday thinking that as it is a valid ticket I can travel,honestly unaware that we can't travel on other tickets ,on that day inspector caught me and raised a complain against me ,then u came to know that we can't travel on other tickets .i told him the same but he was not convinced .i'm really worried because I have started my career few months ago and a Dbs check will spoil my career .plz can anyone advice what's going to happen next ? Any advice is highly appreciated .

Did you give your correct name and address?

If so, you are likely to receive a letter asking for your version of events. The Train Company will then decide how they wish to proceed. However, from what you've described you have committed an offence and therefore the Train Company has the option of prosecuting the matter. That being said, they may yet offer you an out of Court settlement.

Come back to us when you receive the letter. It may take up to 6 months to receive the letter, as that is the length of time they have to prosecute.

 

[najaB]

Any advice is highly appreciated .

Which train operating company (TOC) did the inspector work for? Was it TfL?

 

[Priya]

Thank you so much for the response much appreciated .Yes it is TFL .I gave correct address .

 

[cuccir]

Yes it is TFL

I'm afraid that TfL have shown themselves to be less likely to accept a settlement than most other train companies. To keep being frank, they are probably more likely to want to prosecute against this shared use of passes, because there is scope for significant evasion of fares if people aren't caught.

However, there is some hope.

First, they might accept settlements - they sometimes do for first time offences. Write a clear reply when they get in touch, stating that this was a mistake, you're aware of the law now, and that you had no intention of avoiding to pay for your fare, and there is a genuine chance they'll accept.

Second, in terms of DBS, they may look to prosecute under either Byelaws legislation or the Regulation of the Railways Act (RoRA). If they chose the former, then it doesn't create a criminal record for normal DBS checks, though it can appear in enhanced ones used in some circumstances. The key difference, legally, is that they'd have to prove you intended to avoid your fare to prosecute you under the RoRA; for the Byelaws, they just have to prove that you did avoid your fare, even if it was by mistake.

Third, in terms of careers more generally: you may not be obliged to tell your current employer of an offence - check your contract and company HR policies, and if possible speak to your local union rep. Even if it does come up under DBS, many many many employers would overlook a single offence for a relatively minor crime, on an otherwise clean record. Of course, this depends on your career, as some do have stricter regulations.

 

[Priya]

Hi,today I got Single Justice Procedure letter from TFL asking me to respond if I'm guilty or not.On eof my friend said if we call them and ask for out of court settlement they will fine me around £300.not sure about this.Shall I send letter saying that I did this by mistake or shall I call them to settle out of court? i'm so confused what to do next .any suggestions appreciated.Thanks in advance.

 

[londonboi198o5]

Hi,today I got Single Justice Procedure letter from TFL asking me to respond if I'm guilty or not.On eof my friend said if we call them and ask for out of court settlement they will fine me around £300.not sure about this.Shall I send letter saying that I did this by mistake or shall I call them to settle out of court? i'm so confused what to do next .any suggestions appreciated.Thanks in advance.

Any communication is best done in writing that way there is always a paper train. With a phone call it can be a case if he said we said she said in the fact that nothing will be logged. With paper communication keep copies of yourself and always send letter recorded delivery that way you know they receive it.

Reply back to the later with your version of events and keep it brief and simple. Don’t go putting to much into the reply just be honest admit your mistake and that you won’t do it again and you are extremely sorry for your wrongdoing and would like to settle the matter as soon as possible

 

[Puffing Devil]

Before responding, please tell us more about the letter.

• Is it from TfL or a court
• Does it mention the charges/laws you are alleged to to have broken.

 

[Islineclear3_1]

I think the OP said she got the letter from TFL

To the OP: If you want to keep this out of court, you will need to decide whether paying the £300 is worth it

Did the inspector confiscate your husband's pass/photocard?

 

[Puffing Devil]

I think the OP said she got the letter from TFL

To the OP: If you want to keep this out of court, you will need to decide whether paying the £300 is worth it

Did the inspector confiscate your husband's pass/photocard?

Courts, not TfL, should be sending SJP notices. Hence the question.

 

[JMH125]

If this is the first piece of correspondence received since 15th March, then it would seem that TfL have decided not to ask for the OP’s version of events / further information and instead proceeded straight to charge.

Courts, not TfL, should be sending SJP notices. Hence the question.

This is not correct. The “relevant prosecutor” issues the written charge and SJPN, not the court. That will be TfL in this case.

Any communication is best done in writing that way there is always a paper train. With a phone call it can be a case if he said we said she said in the fact that nothing will be logged. With paper communication keep copies of yourself and always send letter recorded delivery that way you know they receive it.

Reply back to the later with your version of events and keep it brief and simple. Don’t go putting to much into the reply just be honest admit your mistake and that you won’t do it again and you are extremely sorry for your wrongdoing and would like to settle the matter as soon as possible

The SJPN has been issued and the recipient has 21 days from the date of service to respond in one of three ways: (1) plead guilty and not attend court (case dealt with on the papers), (2) plead guilty and go to court (to offer mitigation / information to the magistrate in person), (3) plead not guilty and proceed to trial at court.

That doesn’t necessarily mean engaging with TfL to seek an out of court settlement isn’t worth trying, but if there is no out of court settlement and no response (as in one of the three options above) to the SJPN within the 21 days, the magistrate will make a decision about the case without any input from the OP. This could mean that if they are found guilty and sentenced, there will be no reduced sentence for a guilty plea.

Info on the SJP can be found here:

https://www.gov.uk/single-justice-procedure-notices

There should be a written charge accompanying the SJPN that sets out the offence being prosecuted (including the legislation).

 

[Puffing Devil]

This is not correct. The “relevant prosecutor” issues the written charge and SJPN, not the court. That will be TfL in this case.

You're correct; the SJPN does not need to specify a hearing date, just sets the clock running for the response.

 

[Priya]

Hi,thank you all for the response .we went to solicitor and she gonna represent us . she asked for apology letter,good character letter from friend etc .still not sure will they settle out of court .if I'm pleaded guilty this will effect my career .company policy says I will be terminated if I'm having a any criminal offence .so worried...... this is genuine mistake . Honestly not aware of this ,donno want to do

 

[Priya]

Courts, not TfL, should be sending SJP notices. Hence the question.

Courts, not TfL, should be sending SJP notices. Hence the question.

Yes they took my husband's travel card

 

[some bloke]

company policy says I will be terminated if I'm having a any criminal offence...donno want to do

Could you please say

a) whether you're not clear what to do about the case, or what to do about the worry - if the first one, what's not clear after speaking with the solicitor,
and
b) the precise wording of the company policy on criminal convictions?

 

[Surreytraveller]

Did your husband know you were using his pass? In which case, could he also be prosecuted for allowing it to be used?

 

[Islineclear3_1]

What is the nature of your company's business (e.g. finance, law, retail)?

 

[nuts & bolts]

Did your husband know you were using his pass? In which case, could he also be prosecuted for allowing it to be used?

Your husbands Photocard is paired with his Season ticket, it states on the Season Ticket "only valid with Photocard No. ------"!

 

[Priya]

Could you please say

a) whether you're not clear what to do about the case, or what to do about the worry - if the first one, what's not clear after speaking with the solicitor,
and
b) the precise wording of the company policy on criminal convictions?

My company policy says::Conviction for a criminal offence that affects your ability to properly fulfil your duties;

 

[Priya]

What is the nature of your company's business (e.g. finance, law, retail)?

I work for retail company as a Test Analyst.

 

[Hadders]

I highly doubt that conviction for a railway ticketing offence would affect your ability to properly fulfil your role as a test analyst in a retail business.

On the other hand a store manager in the same business who is the Designated Premises Supervisor for alcohol license could not be expected to keep their job if they acquired a conviction for, say, drink driving etc.

 

[Priya]

Did your husband know you were using his pass? In which case, could he also be prosecuted for allowing it to be used?

I highly doubt that conviction for a railway ticketing offence would affect your ability to properly fulfil your role as a test analyst in a retail business.

On the other hand a store manager in the same business who is the Designated Premises Supervisor for alcohol license could not be expected to keep their job if they acquired a conviction for, say, drink driving etc.

Hi thanks for your response.I still didn't understand how its gonna effect my ability to carry on my duties.Its a minor offence and I'm a software quality Analyst.

 

[Fawkes Cat]

My company policy says::Conviction for a criminal offence that affects your ability to properly fulfil your duties;

I still didn't understand how its gonna effect my ability to carry on my duties.Its a minor offence and I'm a software quality Analyst.

We don't work for your company, so we can't know precisely how they will interpret their rules. But if there is a union at your company, they may well know the answer. If you're a union member, get in touch with a union rep and ask them in confidence. This is precisely the sort of thing that you pay your union subscription for.