hello, I am very distressed at the moment and would like to call out for help. I have been caught using my sibling's zip card without knowing the consequences that will come with it. I thought only a fine of £80 will be charged however they are saying they might prosecute me for doing fare evasion. I am not sure what to do next and how can I get them to withdraw the case and give me an warning instead of a prosecution as I am also young and an university student. I do not want to have criminal record which is the most mortifying thought. One more thing i would like to add is that my brothers card was only used during my university journey and used my bank card for other tfl bus travels. I was merely doing to save money. I was paying the train fees but at just a 50% off charge. i never had malicious intentions and never knew it was taken seriously till today and profoundly regret to do so as I am a person who always obeys by rules.
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tfl criminal offence for using siblings zip card
- Thread starter mia10
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Well, yes, you did, because you evaded the fare to save money. You knew that was wrong yet you did it anyway. That's like saying you stole something but sure, you had no "malicious intentions".
Yes, it is serious. I mean it's quite wanton fare evasion. Many forms of dishonestly go unpunished in London and the UK in general but not this. TfL take a really dim view of this sort of thing.
...except ones you knew you were breaking but were sadly ignorant of the consequences.
Our experience here is that you will have the best chance of getting a warning by using a solicitor. TfL almost always prosecutes these offences, and you will be fined as punishment, have to pay a surcharge, receive a criminal record (normally spent after a year), and have to pay any outstanding fare/s to them.
The next step is TfL will write to you asking for your side of the story, which they will use as evidence of the offence, but it is also your chance to try to convince them to withdraw the case. You can come back here for advice when that letter comes, but be warned - your chances of avoiding court without using a solicitor are slim.
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 take 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 reduced by a third of 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.
Here's a link to TfL's Revenue Enforcement & Prosecutions Policy which you might find worth reading:
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 take 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 reduced by a third of 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.
Here's a link to TfL's Revenue Enforcement & Prosecutions Policy which you might find worth reading:
SuspectUsual
Established Member
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- 11 Jul 2018
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I’m afraid that whilst you are doubtless young relative to the overwhelming majority of people on this forum, you’re not young in the eyes of the law. And being a university student presumably means you’re quite bright so I’m not sure this line of appeal sits well with “I didn’t realise it was a bad thing I did”
I understand where your coming from but I had no intention of not paying for my journey, I was in a situation that made me desperate to use my siblings card, so I could save money. I am not saying what I did is not wrong, it most fully is and as a change I would never do it again so I want to be persuasive enough for them to let me be as a warning
I got the letter and I am emailing them right now with the explanation, thank you for the tips. Hoping to see a good outcome
SuspectUsual
Established Member
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- 5,076
I’m sure you realise this statement is totally contradictory. If you were to say “I didn’t want to have to avoid paying” it might make some sense, though in reality not enough to persuade TfL not to prosecute you
But to say “I had no intention of not paying” when you deliberately took a card you knew you were not entitled to use is, to be blunt, nonsense
notmyrealname
Member
Could we see what their letter says please? Make sure you redact your name, address and any reference numbers. Also, if you haven't sent the email it would be an idea to let the experts here have a look first.
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So when were you intending to pay for your journey, and how did you think that was going to go?