Prosecution: concerned about my career and stance in Brexit. Advice needed!

[Victoria1234]

Hi all,

I was caught on the bus for fare evasion today and was told I am going to receive a letter about potential prosecution, as it was the SECOND time getting caught in public transport.

I am obviously very distressed now, so I want to explain my situation to you and ask you what the gravity of my situation is. Any advice on how I should respond to the letter that I am about to receive would also be appreciated.

Earlier in October 2017 I was fined at the London UNDERGROUND for trying to get through the gates without paying. They gave me some sort of receipt on the spot which I lost. They then said they would send the fine to my home but it NEVER arrived so I never ended up paying it. I assumed it didn’t go through and never thought about it again…

Today, I hopped on the bus without checking in with my card (because I knew it has insufficient funds on my card but I had to get to work). Someone from TFL came up to me and asked me whether I could show him how I had checked in. I gave him my bank card and told him I had checked in with that card, but he verified it and found that it had insufficient funds. I acted as if I had not been aware of that and I hadn't realized the payment hadn't gone through (mind you, I did NOT actually try to check in with my bank card in the first place – can TFL see this?).

He then said he was going to fine me for fare evasion, but when he did a background check he found out I still had an unpaid fine from my incident in October 2017, which had now gone up to £120. I told him this previous fine never arrived at my home so I hadn’t had the chance to pay for it, and he did acknowledge that it had never been sent to my address. However, he told me I could have paid it on the spot with the payslip they gave me? However I don’t think they gave me a payslip at the time, they just issued me a ticket?

Anyway, he then said fining me was no longer necessary as this was the second incident in a year and that I would receive a letter at my home about possible prosecution and that I would have to respond to that.

I am extremely concerned now about prosecution and getting a criminal conviction. I’m a 25-year old expat from the Netherlands with a really good job here. I fear for my career as well as getting kicked out of the country following Brexit!!

What do you think my stand is in this situation? I haven't been involved in any other offenses.

Thanks for taking the time to help me out!

Victoria

 

[Bletchleyite]

Yes, this is two cases in a year, and yes, a prosecution will succeed as you have clearly wilfully evaded paying your fare twice. (Whether you need to get somewhere is not their concern; you simply cannot travel without touching in or showing a valid paper ticket - to do otherwise is evasion).

Your only real hope to avoid a criminal record is to try to settle out of court, which will cost you a substantial three figure sum, so get saving.

You will have to wait until you receive the letter, which will ask for an explanation. Give an explanation honestly and apologetically and explain how you will not ever do it again.

From that they will decide what to do. If they offer a settlement, pay it immediately however much it is.

If they decide to prosecute, you could still try to offer a settlement, some on here may be able to help with how much. In that case you may do well to employ a good solicitor with experience in such matters.

 

[Victoria1234]

Yes, this is two cases in a year, and yes, a prosecution will succeed as you have clearly wilfully evaded paying your fare twice. (Whether you need to get somewhere is not their concern; you simply cannot travel without touching in or showing a valid paper ticket - to do otherwise is evasion).

Your only real hope to avoid a criminal record is to try to settle out of court, which will cost you a substantial three figure sum, so get saving.

You will have to wait until you receive the letter, which will ask for an explanation. Give an explanation honestly and apologetically and explain how you will not ever do it again.

From that they will decide what to do. If they offer a settlement, pay it immediately however much it is.

If they decide to prosecute, you could still try to offer a settlement, some on here may be able to help with how much. In that case you may do well to employ a good solicitor with experience in such matters.

Thanks for the quick response! I will deal with it in the way you have suggested.

In my letter, should I state that I deliberately avoided touching in and that it was a stupid mistake? Or should I come up with some story around it (such as that I didn't realize my card had insufficient funds etc)? I just wonder what my explanation for the situation should be ...
Also, should I write an elaborate story and also reflect on the incident in October 2017, or should I keep it succinct and to the point?

 

[Mike395]

Thanks for the quick response! I will deal with it in the way you have suggested.

In my letter, should I state that I deliberately avoided touching in and that it was a stupid mistake? Or should I come up with some story around it (such as that I didn't realize my card had insufficient funds etc)? I just wonder what my explanation for the situation should be ...
Also, should I write an elaborate story and also reflect on the incident in October 2017, or should I keep it succinct and to the point?

Keep it short, factual (don't invent a story about it) and to the point - I'd only mention the circumstances of the October incident (and why you haven't yet paid up on that one) if they bring this up specifically in the letter they send you.

 

[Victoria1234]

Keep it short, factual (don't invent a story about it) and to the point - I'd only mention the circumstances of the October incident (and why you haven't yet paid up on that one) if they bring this up specifically in the letter they send you.

Okay thank you! I'm keeping my fingers crossed. If I do get prosecuted, how serious would it be? would it have severe consequences for my career/my residential status in the UK?

 

[jon0844]

Also stop evading your fare if you're worried about what can happen to impact your career!

Sorry if some see this as unhelpful, but I'm guessing these two incidents aren't the only ones.

 

[najaB]

In my letter, should I state that I deliberately avoided touching in and that it was a stupid mistake? Or should I come up with some story around it (such as that I didn't realize my card had insufficient funds etc)?

So you want to know if to tell the truth or lie while dealing with a potential prosecution? I would like to believe that the answer would be obvious!

(In case it isn't, does it make sense to compound one stupid act with another?)

 

[richa2002]

I’m a 25-year old expat from the Netherlands with a really good job here. I fear for my career as well as getting kicked out of the country following Brexit!!

Throwing people out who have already legally settled has never been on the agenda. No need to worry!

 

[BluePenguin]

Thanks for the quick response! I will deal with it in the way you have suggested.

In my letter, should I state that I deliberately avoided touching in and that it was a stupid mistake? Or should I come up with some story around it (such as that I didn't realize my card had insufficient funds etc)? I just wonder what my explanation for the situation should be ...
Also, should I write an elaborate story and also reflect on the incident in October 2017, or should I keep it succinct and to the point?

Don't tell them that you deliberately did anything as you might admit to them something they didn't already know. Focus instead on apologising such as "I apologise for the incident on xx/xx/x date" rather than "Sorry I did this but I had to so I could get to work". As much as we can relate, TfL don't care about this at all so will have no interest in your explanation as to why you evaded your fare, just the fact that you did. Telling lies or a story no matter how believable or creative will not help your situation sadly. Make sure to highlight than you had not paid up to now as never had a letter about paying for the October incident, and that the TfL staff confirmed one was never sent out (if this is true), and offer to pay the penalty for the amount that was due at the time.

I can't tell whether the member of staff on the bus made a note of your second offence or not. However to be on the safe side respond to the underground incident first and if the bus incident is brought up later, explain then.

Fare evasion is not something that will get you thrown out of the country so don't worry about that. Nobody from TfL will be calling your boss to tell them about this.

 

[Islineclear3_1]

@Victoria1234

Welcome to the forum. What line of work are you in and do you get CRB/DBS-checked every 3 years or so? If so, do you have to do an "enhanced" check? Do you work with the public, children, vulnerable people etc?

If this is the case, be mindful that should you be prosecuted for your offences, you might have to declare this when you are next asked to renew your CRB/DBS (if it is "enhanced" - then you must declare)

You won't get thrown out of the country - don't worry

 

[ForTheLoveOf]

Under Section 84(1) of the Immigration and Asylum Act 1999, it is unlawful to give immigration advice unless you are a qualified immigration advisor. Unless posters here are qualified immigration advisors, I would strongly advise against giving immigration advice!

I would recommend the OP to contact a qualified immigration advisor if they require advice as to how any potential offences and/or convictions may affect their immigration status/eligibility.

 

[Haywain]

Throwing people out who have already legally settled has never been on the agenda. No need to worry!

I'm not sure anybody really knows what is, has been or will be on the agenda!

Don't tell them that you deliberately did anything

But...

Sorry I did this but I had to so I could get to work

Aren't these two statements mutually exclusive?

Edit: yes, you had noticed, as have I on second (or third) reading!

 

[stuart]

In answer to the immediately preceding post, I had to read Blue Penguin's post twice, but in fact he is quoting "sorry ... but I had to get to work" as an example of what NOT to say.

 

[Haywain]

In answer to the immediately preceding post, I had to read Blue Penguin's post twice, but in fact he is quoting "sorry ... but I had to get to work" as an example of what NOT to say.

Well spotted! I see that now, but it didn't jump out at me the first time.

 

[matt_world2004]

TfL are unlikely to settle out of court.

 

[Nevasleep]

When they say prosecution, is it a civil or criminal matter?

 

[221129]

When they say prosecution, is it a civil or criminal matter?

Criminal.