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She was not CAUTIONED and She didn't signed any statement/paper, didn't shown any ID proof and she has benn issued RTM ticket for her further Journey.

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I think that this one needs a 'Tfl/London Bus' expert.

 

I never get involved with cases west of the M25, so I have no expertise in dealing with 'Tfl'. I have a vague thought that some of their matters are passed to 'CPS' (Crown Prosecution Service).

 

Bottom line is that there is enough to prove 'theft' here, albeit 'by finding'. I would suggest that you need a carefully written response to Tfl, and that you might want to get personal advice, possibly from 'CAB' or perhaps from a high street solicitor.

 

In an open forum, there may be too many questions, and potentially incomplete answers, for proper 'advice'.

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  • 2 weeks later...

Hello London Underground

 

I was caught by a tfl member on underground. It was rush hour and I got in to the station without realising that I have not tapped in properly. Then the tfl member came and told me that i did not tapped in and unfortunately I did not had enough credit. He took my details and ask me some questions and then told me I am going to receive a letter. I had a zone2+3 pass on my card and was travelling from zone1.

 

After three months I receive a letter from tfl stating that legal proceeding may be initiated against me. I call tfl and they told me to reply to the letter. I wrote back to them saying that I did not intend to evade fares, I also agreed that I have made a mistake and willing to pay penalty fees. I also wrote them that I have never tried to evade fares before.

Again after 2 months they sent me a court summon stating that I have to be on court in next month.

I don’t know how to react to this ? I don’t want the criminal record. Please HELP….

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Hello ovik. Is this the only time you've had this problem? It sounds quite a harsh reaction from TfL. I expect the guys will be along later to advise you, but please give us all the information you can without identifying yourself.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Hello HB

The incident took place on 31st January. I went out with my friend. I had zone2+3 pass and some credit on my student oyster card. I went out from zone 1 and it was fine. after an hour I got in to station again, It was a rush hour and took the large ticket barrier. Upon entering the station I was looking for my friend just beside the ticket barriers. Then the tfl member came to me and checks my card. I told him that I was not aware that I did not tapped in and also how much credit I had on my card.He told me that I am going get a letter from tfl regarding this matter.

When I received the later in the middle of march, I called tfl and ask about the details of my case as I don’t remember the incident properly after 3 months. They told me they will not give me any information and I have to reply to them with whatever I remember. Then I replied to them with things that I remembered.

And now I have this court summon stating that I tried to travel without previously paid for the journey and with an intent to evade fares.

The only thing that contradicts my letter (that I sent 3 months ago) with their evidence on the summons is , in my letter I wrote them I had some money on my card left I did not knew whether It was enough for the journey and on their evidence (the statement of my card) it shows that I had a negative balance on my card. However, the statement does not give the full details of how my card got negative balance.

This is the first time I had this problem for sure. Please let me know whether you want to see a copy of what I wrote to them earlier.

 

Thanks

Ovik

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Hello again. Thank you for the extra information. I believe that TfL can search your Oyster card for its history over a good number of journeys.

 

I can't tell you any more than I already have, I hope the guys will be along later with information for you.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Hello again. Thank you for the extra information. I believe that TfL can search your Oyster card for its history over a good number of journeys.

 

I can't tell you any more than I already have, I hope the guys will be along later with information for you.

 

My best, HB

 

Hello HB

 

Now what do think how should I response to the court summons? If I plea guilty then I will get the criminal record, isn’t it?

I just called the prosecution department, they were very rude. They told me that if I have any further information to tell them I have to do so in writing. They will not listen anything over phone. I have also asked for contact no. or email of the person who have been dealing with my case. They told me that they will not give me any details as there is no single person working for each case in particular. Also they did not gave me any reason why this letter went to court even though I have replied to them at the first place.

 

It is now really getting on my nerve.

Thanks

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I don't think it is rude to inform you to write. It is correct.

 

Why one case goes to Court and another does not is not important, the issue is what to do now that you have a summons. What we will want to know is what 'act and section' is being used. That will make a difference to our collective suggestions.

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I had zone2+3 pass and some credit on my student oyster card. I went out from zone 1 and it was fine. after an hour I got in to station again, It was a rush hour and took the large ticket barrier. Upon entering the station... I was not aware that I did not tapped in

 

Hi Ovik. This STILL needs clarifying. Where had you travelled from when you were stopped? Had you gone from Zone 3 (or somewhere) and got stopped leaving in Zone 1, or stopped in Zone 3 having travelled from Zone 1?

 

@HoneyBee, it maybe that TfL are treating this with immediate severity because they (like me!) cannot understand how it is possible to enter the Underground system without touching in to physically open a gate. Sorry that was a slightly convoluted sentence!

 

The OP has to explain how he managed to enter the system without either 'touching in' or, for instance, tail-gating another passenger....

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Hello grotesque. It's all a bit of a mystery to me.

 

Would I be right or just incredibly uninformed that the problems seem to happen with pay as you go Oyster cards? I thought there was a facility to link it to another [credit?] card that would top it up automatically and avoid the hassle.

 

My best, HB

Illegitimi non carborundum

 

 

 

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  • 2 weeks later...

I hope you can help me. I am waiting for a summons to arrive from London Underground Prosecution Dept because I was travelling using a staff nominee card that I believed was in my name but it was still in my step mums name. My dad is a train driver for the underground and has been for a number of years. He told me last year that he would get the travel card changed from his wifes name to mine because she never uses publc tansport. A few months later she gave me a card . I started using it thinking it was in my name. I am a student and I am going to University in September to study nursing. If I get a criminal record I will not be allowed to become a nurse as I need to be CRB checked. I can't believe this has happened to me. I have never been in trouble before and I don't know what to do.

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Hello there, welcome to CAG.

 

I haven't seen one of these passes, but I expect the guys here will know about them.

 

Is the pass still in your possession? Also, do you know or can you remember what it said on it and did it need a photo to go with it please?

 

My best, HB

Illegitimi non carborundum

 

 

 

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Hello HBThank you very much for replying.The card was taken off me when I was being questioned. It was an oyster card with staff nominee written on the top of it. No name was on it. It is supposed to be used with a photo ID card but my step mum did not give this to me with the card so I did not know I had to have photo ID to use it. If she had given me the photo ID I would of know then that the card wasn't mine and I would not of used it.My dad had filled out the form to have the card put into my name but he forgot to return it to his office.My mum phoned the prosecution department a few days ago and the man she spoke to told her that he had dealt with my letter that morning and a summons was going to be sent out to me. My mum asked him if he could do anything to stop the summons as it would ruin my future career as a nurse. He didn't care.I am so worried about all of this. I am also worried about my mum as she is losing so much weight and is looking ill because she is so worried for me.

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Hello again HBI haven't heard anything from the experts on here. Could it be they haven't seen my thread.Before I receive the summons do you think I should contact the prosecution department and apologise again for the mistake and misunderstanding with this card and to say I had no intention of fare evasion. I am the only one in my family who has ever used this card and I genuinely thought the card was for my use when it was given to me. My future career will be over if I get a conviction.Do you think they will allow me to settle out of court? I will pay the fine and all of the costs in order to stop this from going any further.

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Hello again.

 

I hope the guys will see this later; there haven't been many of us around this week.

 

The normal advice is to wait until you have a letter from Londond Underground, because if you contact them without a reference they may not be able to locate your papers, but I hope you'll have some more information here.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Thank you HB. I am worried that when the summons arrives I wont have enough time to write to them because the court date could be within days. I can't express how scared I am.Thank you so much for your prompt response.

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Yes, I had a letter on 8th May 2011 saying the facts of the incident were being considered and that legal proceedings may be initiated against me regarding this matter and I could write to them on the reverse of their letter with any comments, which I did and sent the letter back on the 10th May. My mum rang them on 28th June to see what was going to happen. This is when she was told a summons was going to be sent out to me.

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Right, thank you for that.

 

I'm afraid we need to wait for the guys to come along now because it's not something I know about. But it should be enough information for the guys to tell you some more.

 

Fwiw, if they do issue a summons, it won't be for the next day so you'll still have time. And there's been advice here before about going along and trying to speak to the prosecutor [from memory] and trying to sort something on the day.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Yes, I had a letter on 8th May 2011 saying the facts of the incident were being considered and that legal proceedings may be initiated against me regarding this matter and I could write to them on the reverse of their letter with any comments, which I did and sent the letter back on the 10th May. My mum rang them on 28th June to see what was going to happen. This is when she was told a summons was going to be sent out to me.

At this stage I'd probably consider writing a sincere letter of apology, and offering to reimburse all reasonable admin costs in order to remain out of court. It's worth outlining what effect this could have on your future employment should you be convicted at court, and say you'll never do such a stupid thing again. Remember to put a reference at the top of any correspondence so they know who yiou are and what case you're talking about! They don't have to accept, but all you can do is try. LU take matter such as this one very seriously, as it's a perk of the job for staff, and they don't like being defrauded in this way.

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Thank you very much for your reply and advise. I do not have a reference number but I do have the name of the man who spoke to my mum. I will send a letter of apology on Monday. Thank you again for your help.

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The suggestion made by Honeybee is spot on in my opinion, I cannot really add anything of material importance.

 

TfL and all rail operators do view this sort of offence as a serious breach of trust, but you should try to mitigate it with the explanation that you have given here and ask for their understanding. Offer to pay all of their reasonable costs and fares due to try to dispose of this without Court action.

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