Caught by TfL using 60+ Oyster Card

[jpaleu]

I was caught by using my mum's 60+ oyster card. I received a verification letter and asked to reply back within 10 days. I have seen other tread that TfL investigate the travel history. The card been used in the passed by my mum, and myself a couple of time (without my mum's knowledge), but how far back can TfL check the travel journey and how can they point out if the journey was took by whom? Will be extremely grateful if anyone can share some info please, thank you.

 

[AlterEgo]

TfL will assume the travel history from established patterns and have no need to prove it. They will always, if they take you to court, seek a bylaw prosecution for the single offence where you were actually caught.

It would be helpful if you could let us know when and where you were caught - and whether you made any admissions - and of course the standard advice to writing back to say you’re sorry, you’ve learned a lesson etc applies. However, TfL more likely than not will push to prosecute you for the offence, so set your expectations accordingly.

 

[jpaleu]

TfL will assume the travel history from established patterns and have no need to prove it. They will always, if they take you to court, seek a bylaw prosecution for the single offence where you were actually caught.

It would be helpful if you could let us know when and where you were caught - and whether you made any admissions - and of course the standard advice to writing back to say you’re sorry, you’ve learned a lesson etc applies. However, TfL more likely than not will push to prosecute you for the offence, so set your expectations accordingly.

Thank you for your advice!

I was caught last week when I tapped out the gate in London tube, I panic alot when it happened but I cooperated and handed in the card, the inspector asked a few personal details and let me go, he said I will receive a letter but didn't mention much. Tbh it was the first time in years I went to the area to meet a friend. I just so scared I will have a criminal record which will have a big impact for my future careers.

 

[Hadders]

Welcome to the forum!

TfL take misuse of Freedom Passes very seriously. They don't really need to research the journey history as the single incident where you were caught is all they need.

TfL will send you a verification letter which typically takes a couple of weeks to arrive. This letter will ask you to confirm or deny the offence and will ask you to give any mitigating factors. It is extremely important that you reply to this letter. Responses to the letter are given 'under caution' i.e. 'you do not have to say anything but it may harm your defence if you do not mention when questioned something which you later rely on in court.' TfL has three choices:

1. Drop the case altogether
2. Prosecute you for fare evasion (highly likely to be a prosecution under the TfL Bylaws)
3. Give you a final warning

TfL don't normally offer out of court settlements, which we often see with National Rail operators. I would expect them to persue a prosecution under the TfL Bylaws where misuse of a Freedom Pass is detected but there is always a chance that you miht get lucky.

Feel free to post a copy of the Verification Letter when it arrives (but do redact any personal details from it before posting it) along with your draft reply to it and forum members will be happy to proof read it for you.

It might also be worth having a reasd of TfL's Revenue Enforcement and Prosecutions Policy:

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

 

[jpaleu]

Welcome to the forum!

TfL take misuse of Freedom Passes very seriously. They don't really need to research the journey history as the single incident where you were caught is all they need.

TfL will send you a verification letter which typically takes a couple of weeks to arrive. This letter will ask you to confirm or deny the offence and will ask you to give any mitigating factors. It is extremely important that you reply to this letter. Responses to the letter are given 'under caution' i.e. 'you do not have to say anything but it may harm your defence if you do not mention when questioned something which you later rely on in court.' TfL has three choices:

1. Drop the case altogether
2. Prosecute you for fare evasion (highly likely to be a prosecution under the TfL Bylaws)
3. Give you a final warning

TfL don't normally offer out of court settlements, which we often see with National Rail operators. I would expect them to persue a prosecution under the TfL Bylaws where misuse of a Freedom Pass is detected but there is always a chance that you miht get lucky.

Feel free to post a copy of the Verification Letter when it arrives (but do redact any personal details from it before posting it) along with your draft reply to it and forum members will be happy to proof read it for you.

It might also be worth having a reasd of TfL's Revenue Enforcement and Prosecutions Policy:

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

Thank you for the info.

I've seen another case that TfL pulled 3 months journey history and more than 30 offences is the number of times within the period that the person used the 60+ oyster card, not sure if because of this personal used it to travel in a regular path.

Also will a final warning appear on a DBS check?

 

[Hadders]

Thank you for the info.

I've seen another case that TfL pulled 3 months journey history and more than 30 offences is the number of times within the period that the person used the 60+ oyster card, not sure if because of this personal used it to travel in a regular path.

Also will a final warning appear on a DBS check?

TfL can look at the history but there's no need for them to do so in your case. A final warning won't appear on a DBS check.

 

[jpaleu]

TfL can look at the history but there's no need for them to do so in your case. A final warning won't appear on a DBS check.

I’m just scared they will check, I looked online saying they can check up to 8 weeks only? If they give me a warning, is it still a criminal record?

 

[Haywain]

I’m just scared they will check, I looked online saying they can check up to 8 weeks only? If they give me a warning, is it still a criminal record?

They can check at least 12 months of journey history. Are you scared because this will make your situation much worse?

 

[AlterEgo]

I’m just scared they will check, I looked online saying they can check up to 8 weeks only? If they give me a warning, is it still a criminal record?

A warning is not a criminal record. But as @Haywain says they can audit at least a year's use.

One thing is fairly certain; they will not issue you just a warning. You have a small chance of settling out of court (a much better chance if you engage a specialist solicitor), and a large chance of being prosecuted for the single Bylaw offence in the magistrates' court.

 

[Snow1964]

If you haven't already you should let your mother know.

I don't know what you said to the inspector, but chances are they asked how you came to be using it. Depending on what you said they might treat it as you regularly borrowing it, rather than you stole it. Borrowing might cause problems if it was being knowingly lent out to you (it is breach of conditions, and could potentially cause it to be withdraw from your mother).

Your mother may also get a letter asking for her side of the story, especially if she didn't report it missing.

 

[Hadders]

Unlike National Rail train companies, Transport for London don’t normally do out of court settlements.

TfL occasionally give a formal warning but normally misuse of a Freedom Pass would result in a prosecution under the TfL Bylaws.

A warning doesn’t result in a criminal record but a court conviction (whether as a result of pleading guilty or being found guilty following a trial) would result in a criminal record. That said a Bylaw conviction isn’t normally recorded on the Police National Computer and doesn’t normally appear on a DBS check.

 

[jpaleu]

If you haven't already you should let your mother know.

I don't know what you said to the inspector, but chances are they asked how you came to be using it. Depending on what you said they might treat it as you regularly borrowing it, rather than you stole it. Borrowing might cause problems if it was being knowingly lent out to you (it is breach of conditions, and could potentially cause it to be withdraw from your mother).

Your mother may also get a letter asking for her side of the story, especially if she didn't report it missing.

The inspector didn't ask me how I got the card because I told him is my mum's card, he didn't ask me if my mum was aware I took the card.

They can check at least 12 months of journey history. Are you scared because this will make your situation much worse?

Yeah I did use couple of times before but not like everyday for a long time.

Should I look for a legal advisor? I really can’t afford to get a criminal record.

Unlike National Rail train companies, Transport for London don’t normally do out of court settlements.

TfL occasionally give a formal warning but normally misuse of a Freedom Pass would result in a prosecution under the TfL Bylaws.

A warning doesn’t result in a criminal record but a court conviction (whether as a result of pleading guilty or being found guilty following a trial) would result in a criminal record. That said a Bylaw conviction isn’t normally recorded on the Police National Computer and doesn’t normally appear on a DBS check.

My god, it sounds so serious should I look for legal advisor to help? I really can’t afford to get a criminal record, it’s gonna ruin my life. Truly learnt my lesson and I will never do it again.

 

[Fawkes Cat]

I really can’t afford to get a criminal record, it’s gonna ruin my life.

To just pick up on this point: while it's obviously better not to have a criminal record, having one for misusing a Freedom Pass will almost certainly not ruin your life.

To start with think of the many possible criminal convictions that are out there. At one end of the scale, there are things like murder. It's probably fair to say that having something like that on your record will ruin your life. But at the other end, there are things like fare dodging. It's not right to do that - but by no stretch of the imagination is it as serious as murder.

The experiences of people who contribute to this site is that with very few exceptions, having one criminal conviction for fare dodging closes very few doors. It does mean that you can have some rather difficult conversations with HR departments where you have to explain what you did - but as long as it only happened once, most employers will put this down as an example of having once shown bad judgement, rather than being a fundamental flaw in your character. So it's embarrassing rather than career-wrecking.

There are some exceptions: finance businesses are very keen for their staff not to have any criminal convictions at all, and if I remember correctly it can be a problem if you want to become a medical doctor (although it need not be a problem if you are looking to become a nurse). But these are few and far between.

I'm not going to tell you not to worry: a criminal conviction is not a good thing. But try to keep it in proportion. If you're still at school or college, it may be worth enquiring of the careers tutor / careers service which jobs may be blocked by having a record. If you are in work and there is a trade union, then ask your union rep to find out if there is any impact on your current (and future) jobs.

 

[jpaleu]

To just pick up on this point: while it's obviously better not to have a criminal record, having one for misusing a Freedom Pass will almost certainly not ruin your life.

To start with think of the many possible criminal convictions that are out there. At one end of the scale, there are things like murder. It's probably fair to say that having something like that on your record will ruin your life. But at the other end, there are things like fare dodging. It's not right to do that - but by no stretch of the imagination is it as serious as murder.

The experiences of people who contribute to this site is that with very few exceptions, having one criminal conviction for fare dodging closes very few doors. It does mean that you can have some rather difficult conversations with HR departments where you have to explain what you did - but as long as it only happened once, most employers will put this down as an example of having once shown bad judgement, rather than being a fundamental flaw in your character. So it's embarrassing rather than career-wrecking.

There are some exceptions: finance businesses are very keen for their staff not to have any criminal convictions at all, and if I remember correctly it can be a problem if you want to become a medical doctor (although it need not be a problem if you are looking to become a nurse). But these are few and far between.

I'm not going to tell you not to worry: a criminal conviction is not a good thing. But try to keep it in proportion. If you're still at school or college, it may be worth enquiring of the careers tutor / careers service which jobs may be blocked by having a record. If you are in work and there is a trade union, then ask your union rep to find out if there is any impact on your current (and future) jobs.

so the best outcome is either receive a warning or penalty, but I read somewhere a formal warning is also a criminal conviction so is count as a criminal record?

 

[Fawkes Cat]

so the best outcome is either receive a warning or penalty, but I read somewhere a formal warning is also a criminal conviction so is count as a criminal record?

That would be if you're cautioned by the police at the end of the case. My understanding is that TfL deal with these things in house, so the police will be nowhere near the case and so will not be able to caution you.

To (I hope) add a little bit of clarity: 'caution' has two rather different meanings when it comes to investigating crime. If someone asks you questions 'under caution' that means that they have warned ('cautioned') you that what you tell them could be used in court against you. Being questioned under caution is not the sort of thing that gets recorded. What can get recorded is when the police decide not to take you to court, but instead caution you not to do whatever it was again.

 

[Hadders]

so the best outcome is either receive a warning or penalty, but I read somewhere a formal warning is also a criminal conviction so is count as a criminal record?

I think you're confusing a number of different things.

A court conviction means you have a criminal record. If it's a Bylaw conviction this isn't normally recorded on the Police National Computer and won't normally appear on DBS checks.

An Out of Court Settlement is a sum of money you pay to an organisation in return for them not sending the case to court. You won't have a criminal conviction as a result of paying a settlement. Note that the sum of money is often referred to as a fine. It isn't a fine as only a court can impose a fine as a punishment following a conviction.

A warning is simply that. There is no criminal conviction as a result of being given a warning.

A Penalty Fare is an exceptional fare charged if you do not comply with the normal ticket purchasing rules without good reason. It is not a finE and paying one does not result in a criminal record. A Penalty Fare cannot be issued retrospectively.

For completeness a police caution is a formal alternative to prosecution in minor cases, administered by the police in England and Wales. It is commonly used to resolve cases where full prosecution is not seen as the most appropriate solution. Accepting a caution requires an admission of guilt but you won't face a prison sentence or a fine. However, the caution does go on your criminal record. I have never come across a case where a Police Caution has been used in a railway ticketing case.

 

[jpaleu]

That would be if you're cautioned by the police at the end of the case. My understanding is that TfL deal with these things in house, so the police will be nowhere near the case and so will not be able to caution you.

To (I hope) add a little bit of clarity: 'caution' has two rather different meanings when it comes to investigating crime. If someone asks you questions 'under caution' that means that they have warned ('cautioned') you that what you tell them could be used in court against you. Being questioned under caution is not the sort of thing that gets recorded. What can get recorded is when the police decide not to take you to court, but instead caution you not to do whatever it was again.

I see. Thank you so much for all the info! I will work on my letter and send off asap. Would you recommend to send by letter or email? I have long medicinal condition too and I was thinking to put it in with the doc notes and proof of medicine prescription.

I think you're confusing a number of different things.

A court conviction means you have a criminal record. If it's a Bylaw conviction this isn't normally recorded on the Police National Computer and won't normally appear on DBS checks.

An Out of Court Settlement is a sum of money you pay to an organisation in return for them not sending the case to court. You won't have a criminal conviction as a result of paying a settlement. Note that the sum of money is often referred to as a fine. It isn't a fine as only a court can impose a fine as a punishment following a conviction.

A warning is simply that. There is no criminal conviction as a result of being given a warning.

A Penalty Fare is an exceptional fare charged if you do not comply with the normal ticket purchasing rules without good reason. It is not a finE and paying one does not result in a criminal record. A Penalty Fare cannot be issued retrospectively.

For completeness a police caution is a formal alternative to prosecution in minor cases, administered by the police in England and Wales. It is commonly used to resolve cases where full prosecution is not seen as the most appropriate solution. Accepting a caution requires an admission of guilt but you won't face a prison sentence or a fine. However, the caution does go on your criminal record. I have never come across a case where a Police Caution has been used in a railway ticketing case.

That’s so helpful, thank you! I think I read a lot mixed info online and that really make me more anxious.

 

[Hadders]

Would you recommend to send by letter or email?

Do whatever it says in the Verification Letter. Email is normally ok but they might want a scanned copy of a latter which includes your signature. If you send it by ROyal Mail then used 'Signed For' so you can be certain it's been received.

I have long medicinal condition too and I was thinking to put it in with the doc notes and proof of medicine prescription.

The the medical condition is a relevent reason as to why you used the Freedom Pass then inclide it, but if it's part of a sob-story then I'd leave it out.

 

[jpaleu]

Do whatever it says in the Verification Letter. Email is normally ok but they might want a scanned copy of a latter which includes your signature. If you send it by ROyal Mail then used 'Signed For' so you can be certain it's been received.


The the medical condition is a relevent reason as to why you used the Freedom Pass then inclide it, but if it's part of a sob-story then I'd leave it out.

Thank you for your advice, really appreciated!

 

[MotCO]

If your Forum Name is your real name, it may be wise to change it. You have 'confessed' to other trips other than the one on which you were caught, and train company employees often read this forum's blogs.

 

[jpaleu]

If your Forum Name is your real name, it may be wise to change it. You have 'confessed' to other trips other than the one on which you were caught, and train company employees often read this forum's blogs.

Thank you for the warning, really appreciated

 

[Haywain]

If your Forum Name is your real name, it may be wise to change it. You have 'confessed' to other trips other than the one on which you were caught, and train company employees often read this forum's blogs.

Given that TfL have access to the Oyster history, I'm not sure that's going to make a difference. TfL are not likely to be trawling the internet when they have ready access to everything they need.