Hi all, really happy to have discovered this forum.
I will try to detail my case the best I can because the situation might be a bit more complicated.
I am seeking assistance with a fare evasion issue involving Transport for London (TFL). On 3 May, I was stopped by a TFL inspector during my journey from South Quay to Cutty Sark on the DLR in London. I did not tap in due to being late for a dentist appointment and running in to catch the train at the last minute. It was a stupid mistake and massive negligence, I admit it, I regret it, I shouldn't have done it but here I am.
When approached by the inspector, I presented a Mastercard via my iPhone. This card, issued by Uphold, had previously experienced issues with TFL, often showing a red light when tapped. Despite raising these issues with Uphold, who confirmed everything was fine on their end, and couldn't see any declined transactions I didn't contact TFL, because I didn't see any reason to and switched to using a Visa card from HSBC for my travels. I accepted something happened with that card, it's not the most robust card. No fare evasion was ever committed there, at least not with intent. In hindsight, I shouldn't have presented that card but told them I didn't tap in which was the truth. However, I thought they would simply charge a penalty on that card and let me be. I was in a rush. This is a card I use for my day-to-day payments, it has presented issues in the past with certain transactions, it's not the most robust but it offers 1% cashback that's why I prefer it. It's also a pre-paid card so sometimes it runs out of money for brief periods until I add funds.
I typically walk to my dentist but commute to Victoria from Canary Wharf three days a week and have never missed a fare on that journey, not that I am aware of, and not intentionally. After the inspection, I noticed numerous backdated transactions on my Uphold account, suggesting that my previous attempts to tap in and out were registered and charged retroactively. It might have been the case that there was a processing error on the card or maybe the card didn't have funds at that point, however, transactions are re-tried and since I use that card daily, the window of low funds is very small, so a lack of funds shouldn't have been a problem.
The combination of presenting the card with issues with the fact that I didn't tap in makes this case more complex. When the inspector asked for my details they were interested in that card. And I now understand why. But I am 100% honest saying that I never tried to evade the fare using that card. I would have no issues admitting here or anywhere if that were the case. But it isn't.
I aim to resolve this matter without facing legal proceedings. I can provide evidence of my consistent fare payment with my Visa card and clarify that I was not attempting to evade the fare using the Mastercard.
Could you please advise on how to mitigate this situation and avoid a criminal charge for this one-off fare evasion incident?
This is the letter I received
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Dear Sir,
On Friday 3rd May 2024 you were reported to Transport for London (TfL) for an offence(s) on the TfL Public Transport Network. The facts of this incident are being considered and I must advise you that legal proceedings may be taken against you in accordance with Transport for London's prosecution policy.
**In order for TfL to deal with this case correctly, please return the information requested on the reverse of this letter, by e-mail to [email protected] within 10 days, including the case number stated above. Alternatively, you can send the letter by post.**
You do not have to reply to this letter but it may harm your defence if you do not mention something now which you may later rely on in court. Anything you do provide in writing may be used in evidence.
Failure to respond to this letter may result in the matter being progressed by Transport for London without further notification.
If you require further information please go to: https://tfl.gov.uk/fares/prosecutions and see the Revenue Enforcement and Prosecution Policy.
Transport for London, its subsidiaries and service providers, will use your personal information for the purposes of administering enforcement activity, including prosecutions, penalty fares, responding to appeals, and fraud prevention. We may also share your personal information with London Councils, His Majesty’s Courts and Tribunal Service, relevant Train Operating Companies, Credit Reference Agencies, Debt Collection Agencies and Court appointed Bailiffs for these purposes. Your personal information will be properly safeguarded and processed in accordance with the requirements of privacy and data protection legislation. In certain circumstances, TfL may also disclose your personal information to the police and other law enforcement agencies for the purpose of prevention or detection of crime. Further information on how we use your data can be found at www.tfl.gov.uk/privacy.
Yours sincerely,
Investigations Appeals and Prosecutions Team
PLEASE TURN OVER
----------------------
I will try to detail my case the best I can because the situation might be a bit more complicated.
I am seeking assistance with a fare evasion issue involving Transport for London (TFL). On 3 May, I was stopped by a TFL inspector during my journey from South Quay to Cutty Sark on the DLR in London. I did not tap in due to being late for a dentist appointment and running in to catch the train at the last minute. It was a stupid mistake and massive negligence, I admit it, I regret it, I shouldn't have done it but here I am.
When approached by the inspector, I presented a Mastercard via my iPhone. This card, issued by Uphold, had previously experienced issues with TFL, often showing a red light when tapped. Despite raising these issues with Uphold, who confirmed everything was fine on their end, and couldn't see any declined transactions I didn't contact TFL, because I didn't see any reason to and switched to using a Visa card from HSBC for my travels. I accepted something happened with that card, it's not the most robust card. No fare evasion was ever committed there, at least not with intent. In hindsight, I shouldn't have presented that card but told them I didn't tap in which was the truth. However, I thought they would simply charge a penalty on that card and let me be. I was in a rush. This is a card I use for my day-to-day payments, it has presented issues in the past with certain transactions, it's not the most robust but it offers 1% cashback that's why I prefer it. It's also a pre-paid card so sometimes it runs out of money for brief periods until I add funds.
I typically walk to my dentist but commute to Victoria from Canary Wharf three days a week and have never missed a fare on that journey, not that I am aware of, and not intentionally. After the inspection, I noticed numerous backdated transactions on my Uphold account, suggesting that my previous attempts to tap in and out were registered and charged retroactively. It might have been the case that there was a processing error on the card or maybe the card didn't have funds at that point, however, transactions are re-tried and since I use that card daily, the window of low funds is very small, so a lack of funds shouldn't have been a problem.
The combination of presenting the card with issues with the fact that I didn't tap in makes this case more complex. When the inspector asked for my details they were interested in that card. And I now understand why. But I am 100% honest saying that I never tried to evade the fare using that card. I would have no issues admitting here or anywhere if that were the case. But it isn't.
I aim to resolve this matter without facing legal proceedings. I can provide evidence of my consistent fare payment with my Visa card and clarify that I was not attempting to evade the fare using the Mastercard.
Could you please advise on how to mitigate this situation and avoid a criminal charge for this one-off fare evasion incident?
This is the letter I received
---------
Dear Sir,
On Friday 3rd May 2024 you were reported to Transport for London (TfL) for an offence(s) on the TfL Public Transport Network. The facts of this incident are being considered and I must advise you that legal proceedings may be taken against you in accordance with Transport for London's prosecution policy.
**In order for TfL to deal with this case correctly, please return the information requested on the reverse of this letter, by e-mail to [email protected] within 10 days, including the case number stated above. Alternatively, you can send the letter by post.**
You do not have to reply to this letter but it may harm your defence if you do not mention something now which you may later rely on in court. Anything you do provide in writing may be used in evidence.
Failure to respond to this letter may result in the matter being progressed by Transport for London without further notification.
If you require further information please go to: https://tfl.gov.uk/fares/prosecutions and see the Revenue Enforcement and Prosecution Policy.
Transport for London, its subsidiaries and service providers, will use your personal information for the purposes of administering enforcement activity, including prosecutions, penalty fares, responding to appeals, and fraud prevention. We may also share your personal information with London Councils, His Majesty’s Courts and Tribunal Service, relevant Train Operating Companies, Credit Reference Agencies, Debt Collection Agencies and Court appointed Bailiffs for these purposes. Your personal information will be properly safeguarded and processed in accordance with the requirements of privacy and data protection legislation. In certain circumstances, TfL may also disclose your personal information to the police and other law enforcement agencies for the purpose of prevention or detection of crime. Further information on how we use your data can be found at www.tfl.gov.uk/privacy.
Yours sincerely,
Investigations Appeals and Prosecutions Team
PLEASE TURN OVER
----------------------
