Unfortunately your deal with tfl which doesn't allow out of court settlement which means if they decide to launch prosecution then they will get a criminal record if found guilty tfl do let people of with a warning but those aren't common not to scare you if you talk with them nicely and own up then they may be lenient but it's not a guarantee.
TfL will not talk to you about this sort of thing. This is a criminal investigation and the answers to the Verification Letter are given 'under caution'. i.e. 'you are not obliged to say anything but it may harm your defence when questioned....etc.'
Transport for London take misuse of Zip Oyster cards
very seriously and a prosecution under the TfL Bylaws is the usual outcome.
TfL have sent what they call Verification Letter. The letter asks 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
- Ask if it is possible 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 discounted 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:
