TFL Verification Letter for Tailgating

[nojump11]

Hello,

On Friday 10th may i was out with my sister after work near liverpool street station. Around, 11:30 at night we was returning heading home to Leyton. My phone was on around 2% at this time as i hadn't managed to charge it since leaving my home at 7am that morning. Once we got to Liv st i tailgated my sister as my phone was turned off at the time and didn't have any cards on me to get through the gate. As i tailgated my sister i was brought asside by a TFL staff member who took my details, but also made me turn back through the gates and tap to go through. Luckily, i managed to turn my phone on to tap through.

I have since resent the letter expressing how deeply sorry i am for this, not actually referncing my phone battery, but instead completely admitting that it was my fault and that i admit to this offence and will pay for any fee, penalty or admin charge.

However, since googling this letter as i have not had this letter before i am extremely worried that TFL may bring this to court. Has anyone tailgated before and can shed some light on what my occur in the future?

Thanks

 

[AlterEgo]

TfL prosecute about 20,000 people a year in the magistrates' court and they almost always do for tailgating. Here is a recent case: https://www.railforums.co.uk/threads/fare-evasion.262727/#post-6636337

You'll be fined according to your income, costs on top of that will be £250 or thereabouts and you will receive a criminal record. However, it will almost certainly be a Bylaw conviction, which means it won't appear on a Standard DBS and will only appear on an Enhanced DBS in fairly rare circumstances.

This sort of matter is, I'm afraid, bread and butter for TfL. The good news is, if this is your only offence, you probably won't need to physically attend court to be sentenced.

 

[Wallsendmag]

You are aware that some phones have a Transit mode which allows you to tap even when the battery is flat?

 

[nojump11]

You are aware that some phones have a Transit mode which allows you to tap even when the battery is flat?

I wasnt aware of that, No

 

[Wallsendmag]

I wasnt aware of that, No

Something to remember for next time then. I’d set it up now that you’ve come to TfLs attention

 

[Hadders]

Welcome to the forum!

It sounds as though you've been sent a Verification Letter by TfL and you've replied to it already. If I've got this right all you can do is wait for TfL to respond. Unfortunately TfL tend to take a very robust response to this sort of thing and prosecution under the TfL Byelaws is the usual outcome.

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 (usually 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 (as you touched in the fare wasn't avoided, if they prosecute it will be for not passing through the barrier int he correct manner)

If you are found guilty then this is a criminal conviction. A conviction under the TfL Bylaws 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 byelaw offence 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.

Let us know when you receive a response from TfL and we can advise next steps.

Here's a link to TfL's Revenue Enforcement & Prosecutions Policy which you might find worth reading:

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

 

[WesternLancer]

Hello,

On Friday 10th may i was out with my sister after work near liverpool street station. Around, 11:30 at night we was returning heading home to Leyton. My phone was on around 2% at this time as i hadn't managed to charge it since leaving my home at 7am that morning. Once we got to Liv st i tailgated my sister as my phone was turned off at the time and didn't have any cards on me to get through the gate. As i tailgated my sister i was brought asside by a TFL staff member who took my details, but also made me turn back through the gates and tap to go through. Luckily, i managed to turn my phone on to tap through.

I have since resent the letter expressing how deeply sorry i am for this, not actually referncing my phone battery, but instead completely admitting that it was my fault and that i admit to this offence and will pay for any fee, penalty or admin charge.

However, since googling this letter as i have not had this letter before i am extremely worried that TFL may bring this to court. Has anyone tailgated before and can shed some light on what my occur in the future?

Thanks

There are other threads related to tail gating on here that you could hopefully find to give you an idea of what is likely to happen.

 

[AlbertBeale]

Hello,

On Friday 10th may i was out with my sister after work near liverpool street station. Around, 11:30 at night we was returning heading home to Leyton. My phone was on around 2% at this time as i hadn't managed to charge it since leaving my home at 7am that morning. Once we got to Liv st i tailgated my sister as my phone was turned off at the time and didn't have any cards on me to get through the gate. As i tailgated my sister i was brought asside by a TFL staff member who took my details, but also made me turn back through the gates and tap to go through. Luckily, i managed to turn my phone on to tap through.

I have since resent the letter expressing how deeply sorry i am for this, not actually referncing my phone battery, but instead completely admitting that it was my fault and that i admit to this offence and will pay for any fee, penalty or admin charge.

However, since googling this letter as i have not had this letter before i am extremely worried that TFL may bring this to court. Has anyone tailgated before and can shed some light on what my occur in the future?

Thanks

It's normal for TfL to take people to court if they've tailgated.

 

[nojump11]

Welcome to the forum!

It sounds as though you've been sent a Verification Letter by TfL and you've replied to it already. If I've got this right all you can do is wait for TfL to respond. Unfortunately TfL tend to take a very robust response to this sort of thing and prosecution under the TfL Byelaws is the usual outcome.

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 (usually 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 (as you touched in the fare wasn't avoided, if they prosecute it will be for not passing through the barrier int he correct manner)

If you are found guilty then this is a criminal conviction. A conviction under the TfL Bylaws 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 byelaw offence 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.

Let us know when you receive a response from TfL and we can advise next steps.

Here's a link to TfL's Revenue Enforcement & Prosecutions Policy which you might find worth reading:

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

Thank you for this, very helpful

 

[nojump11]

Moderator note - this has been merged into the main thred to keep all discussion about this case in one place.

Hi guys,

Making a new post regarding the tailgating incident i had on 10th May.
I cant believe how serious TFL take tailgating, but this is the situation anyway.
This is relating to BYLAW 9(2). I did not fare evade but simply tailgate and then was told to exit the barrier and enter properly which is what I did...

Anyway, my question is how will a SJP actually effect me? I have seen multiple different answers to this. Is the conviction spent after a year end of? Or is there another conviction that will last later?

Thank you

 

[Hadders]

If you are prosecuted and plead guilty (or plead not guilty and are found guilty by the court following a trial) then you will have to pay:

- A fine based on your income normally discounted by a third for pleading 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 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 conviction for a minor railway byelaw offence won't noirmally impact future career prospects.

 

[nojump11]

If you are prosecuted and plead guilty (or plead not guilty and are found guilty by the court following a trial) then you will have to pay:

- A fine based on your income normally discounted by a third for pleading 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 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 conviction for a minor railway byelaw offence won't noirmally impact future career prospects.

I get all that, but in terms of the actual conviction what does it look like. The BYLAW is spent after a year but is that the only conviction or is there more?

 

[John R]

Moderator note - this has been merged into the main thred to keep all discussion about this case in one place.

I cant believe how serious TFL take tailgating, but this is the situation anyway.
This is relating to BYLAW 9(2). I did not fare evade but simply tailgate

Tailgating is a common method on TfL to avoid paying the correct (or indeed any) fare for the journey, so yes, you were fare evading.

 

[nojump11]

Tailgating is a common method on TfL to avoid paying the correct (or indeed any) fare for the journey, so yes, you were fare evading.

erm, no i didnt fare evade. I paid for my fare that day. Which was £3 thank you very much

 

[AndroidBango]

erm, no i didnt fare evade. I paid for my fare that day. Which was £3 thank you very much

Only because you were caught tailgating.

 

[John R]

erm, no i didnt fare evade. I paid for my fare that day. Which was £3 thank you very much

That was for your journey in? presumably it didn’t cover your journey home, which is the one in question?

 

[nojump11]

That was for your journey in? presumably it didn’t cover your journey home, which is the one in question?

So i tailgated as my phone was off and didnt have any other way of paying. Then went through and got told to re-enter properly which i did, tapped at Liverpool St and then finished the journey at Leyton so it was a £3 journey.
I just have some questions around the conviction not what actually happened now.

 

[Haywain]

I just have some questions around the conviction not what actually happened now.

You will get convicted, and your conviction will be spent after 12 months. You will also be required to pay a fine and costs, as set out in post #6.