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act0145

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  1. Hi all, A bit of an update. My mitigating letter was accepted and I was issued a warning letter with a fine of £951.85 The letter noted that despite strong grounds to prosecute me (multiple offenses, lying to the revenue inspector etc), based on my mitigating circumstances (and by the grace of my Creator) they have decided not to prosecute. The matter is now settled with no further action. It is needless to say how relieved I am and what a nightmare I went through. I wanted to thank the CAG forum and to give back in some way, by sharing the below tips: -Solicitors are truly worthless. They tend to scare you into spending money you'll need later on. Avoid them, read up on CAG -Write your own, heartfelt, and sincere letter. Show genuine remorse. Thank TFL for the opportunity to provide your side of the story -Read the TFL Prosecution Policy thoroughly and draft your letter accordingly. Any prosecution decision will be made following those exact guidelines and Solicitors use that very document to draft your letter (for £250 and upwards) -Buy an annual travel card to prove that there is no intention or opportunity to reoffend and submit that as evidence with your mitigating circumstances letter -If your health has deteriorated or impacted as a result of the stress, submit medical evidence to that effect. -TFL is committed and bound by the Human Rights Act and any conviction decision will need to be fair and proportionate. Those are very important and serious concepts. -Display in your mitigating letter how a conviction decision will be unfair and disproportionate. For example, a criminal conviction will mean limiting future career progression, mortgage applications, travel prospects, personal health, volunteering opportunities etc -Emphasise that you are willing and able to pay any fines and penalties applicable to avoid the inconvenience of TFL taking you to court The mitigating circumstances letter is the make or break of your case. Each situation, level of offense, type of concession card, and personal circumstances are different. You may have a lot of "aggravating factors" (e.g. lies, multiple offenses etc) but remorse and active steps not to reoffend (buy an annual travel card if financial means to do so and offer the penalty payment upfront) goes a long way. Hope the above helps in some ways. I will be regularly visiting the forum to provide my insights if I can. Thank you.
  2. Hi, Rather the very opposite, it may be in the public interest to prosecute me for those very reasons.
  3. Hi HB, Yes cause the fact that I am the sole earner is a strong factor for me as it's true that any loss of income will be devastating for us. The other aspect of prosecuting me being in public interest (high profile role and professional status), how can I argue that it won't be in public interest to prosecute?
  4. Morning, I realised something else. In my letter, when I mention my spouse's unemployed status, it'd contradict the RPI's notes as I lied to her saying that my spouse works in the area I got caught in. How am I going to address this...
  5. Thank you BazzaS and HB. Would it be wise to mention that I will be losing my professional status in the event of a conviction and prosecution? Or is it best not to bring this to their attention?
  6. Thank you BazzaS for putting this in a concise and highly articulate manner. Another query if I may. In my letter, to support the impact a criminal conviction will have on my future livelihood, I would like to state that I have a lot of credit card debt and loss of earnings (due to prosecution) will mean I will not be able to afford the monthly interest payments in the future. Would this be reasonable to include in my letter?
  7. Hi, I am in a similar situation to yours. If I may ask regarding your 94 usages, how long does the date span range? Thanks.
  8. thank you dx. It appears that majority of the offences on the public transport forums related to Freedom Pass abuse. In my case, it was an annual student Oyster card in my spouse's name which I had paid for on their behalf being the sole earner in the household. I have the receipts to display the card used to pay for their Oyster card is mine. Do you think I should mention it in my letter?
  9. ok...thank you. I have read the post (thank you for guiding me to that) and will write in similar thread. My worry is that I lied to the inspector about not having used the card before. I also recall now that he did not ask me to sign the notes he took so I am worried I have no idea what he wrote down. Without my signature on his notes, would this be admissible evidence in court?
  10. Thank you dx. I know I have asked this question already, but is there any merit at all in sending the initial letter through a solicitor? I have read the reviews on some of them and it seems that if the initial letter is sent through a solicitor, things are resolved quicker. Your opinion is much appreciated.
  11. Thank you dx. Regarding losing my job, how would I go proving that as HR won't give me a letter and I'm reluctant to share internal policy information.
  12. Thank you honeybee and dx100uk. When I said post the letter on my own I meant to send it with supporting evidence and the letter via Royal Mail. Also, how would I go about proving that I lose my job if I get a criminal conviction? HR won't give me a letter to say so and I am reluctant to share internal guidances. Also, how would I address the multiple offences issue in my letter?
  13. thank you dx. The other question I had was: Should I a) Respond to the email address mentioned on the letter instead of posting my response b) Get a solicitor to write it on my behalf and post it on their letter headed paper c) Post the letter on my own
  14. hi dx, I have been using it for the last 3 months on working days. so yes there will be a regular pattern.
  15. Thanks dx, In a multiple usage context, your advice as to how to word the letter to reflect that will be sincerely appreciated.
  16. Thank you dx100 and BazzaS for your constructive criticisms. I would request you both to not to jump to any conclusions about my actions. Honeybee- thank you, I will bear that in mind.
  17. yes they would see a regular pattern to/from work that they could pin on me. in my defence, I can say that as my spouse is unemployed, we are extremely financially strained however I have already purchased an annual travel card so as not to repeat this offence.
  18. Good Evening dx, I have received the attached letter from TFL. I am hoping to respond with the below: "Dear Sir or Madam, Thank you for your letter. I accept the offence and would like to take this opportunity to apologise profusely for my actions in this occasion. I have pride in my integrity and honesty and I feel extremely ashamed of my very poor judgement. As the sole income earner for my family, where my spouse has been unemployed for several years due to their ongoing mental and physical health issues, a criminal record on my part would push us towards financial destitution as my employment relies upon a clean criminal record. We have no other family in the UK apart from each other, and my spouse is wholly reliant on me for their financial wellbeing. I will not be able to secure suitable employment in the future with a criminal record. Moreover, my right of abode in the UK also relies on a clean criminal record. A criminal conviction will end my right to stay in the UK and I will have to leave my spouse, a prospect that is unbearable to contemplate for me. A criminal conviction will also prevent me from travelling to Canada, where my only sibling resides and I visit them frequently. I am a keen volunteer where I participate in local community events and have recently signed up to mentor youth in my local area. A criminal conviction will not allow me to start this activity that I was hoping to engage in to give back to the society I live in. I have no previous convictions and have lived as a productive member of society in the UK so far. A criminal conviction will have devastating consequences for my family life, financial circumstances, current career, reputation, and future career prospects as well. I have had a particularly stressful week at the time this event occurred. I was very sleep deprived on the day as I had to show up to work extremely early in the morning (7:50am). When stopped by the revenue inspector, in my complete stupidity and panic I realised I was carrying my spouse's Oyster card. I made a very bad choice that has kept me awake and tearful for the last two days. I deeply regret this event and I am shameful for what I have done. I would be grateful for the opportunity to make immediate payment of any incurred costs and necessary recompense for the financial aspects that my actions have caused. I have already purchased an annual travel card so as to ensure I will not make a mistake like this again. Thank you for taking the time to consider my letter and I sincerely hope to rely on your leniency in this matter." I have tried my best to portray my thoughts in the above but any feedback/comments will be much appreciated. TFL Letter_Redacted.pdf
  19. Hi All, First of all thank you for reading my post. I am terribly stressed at what happened recently and am on the brink of a meltdown. I am employed in a high profile role, with a professional qualification that has taken me many years to achieve. My spouse is unemployed, and has a student TFL Oyster card. I used their card to travel as I felt that having paid for it fully and being their spouse I could use it. I was stopped yesterday early morning by a TFL Revenue Inspector at Oxford Circus. I told a series of lies as I was extremely stressed (including saying my spouse has put the card in my wallet and they work around the area-the spouse does not work), and was also running really late for a meeting. The inspector noted down my details and displayed the caution (prior to asking actual questions). I mentioned that I would like to answer the questions however I am running late for my meeting, which was true. I also mentioned to the inspector that I was really stressed and I have not faced such a situation in my life before and that my career will be over if I receive a criminal conviction. He mentioned that I will receive a court summons and that I should be honest in any response I provide. He also mentioned that in very rare circumstances an out of court settlement may be considered in light of career impact. I then thanked him for his advice and left. I have been on my nerve's end since this encounter and the implications of a criminal conviction is unbearable to think about. I will lose my job and my professional qualifications for sure. As the sole earner in my household with no other sources of financial support, we will be destitute if I lose my job. However, I am aware that I lied and any investigation will clearly show that. I am hence very agitated that this will go against me. Any advice will be most appreciated. Thank you.
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