Caught using my friends season ticket - Please help - sounds usual but...

[moral]

Hi everyone

 

I am a 18+ student and was caught using my friends 18+ student season oyster card cos mine was expiring on the same day 14th oct and i had applied for new one 2 days before and was waiting for it.

 

honestly i told the inspector about this he noted all my details and my friends student oyster card and also my student oyster card, i also told that i took my friends oyster card without his knowledge. inspector said i should have used my own card without discount or taken the ticket.

 

i enquired with my friends, they are saying its an IDENTITY FRAUD and this would lead to 1000 pounds FINE with CRIMINAL RECORD, I am worried and feeling bad about myself.

 

i never used others card, i was stressed a lot about money recently i came back from my native country on 9th of oct and came to knowon 10th oct that i lost my job cos i was in my country for 1 month, this made me stressed and just thought of saving money where ever possible under this situation it was hurting me to pay 5 pounds per day where i was paying 11.60 for 1 week zone 2-3 ticket on my student card so to save money i used my friends card and got caught and now... i am laughing at myself... going mad.... i never did these kid of things in my life

 

can any1 please let me know is it an identity fraud and is fine 1000 with criminal record? how to procede?

 

i have gone through similar problems in this forum but still this problem is mine and seriously i need sugesstions and help, i am a student and v difficult to arrrange 1000 pounds.

 

Thanks & Regards

[Desperate Daniella]

I honestly don't know, but I wish you luck with this. Not the right thing to do but a very high penalty if you are right about this.

 

DD

[moral]

Hi DD

 

Thanks for ur wishes, and sparing time for my post

 

Regards

[Old-CodJA]

Firstly, I see that you have posted the same query on two different threads so take a deep breath and slow down a little.

 

Now let's get the explanation together.

 

There could only be a case for consideration of 'identity theft' if you gave your freinds details instead of your own when you were asked for your name and address. What you may have been told is that the maximum fine if you are convicted of fare evasion is £1000. That is correct.

 

However, if you are prosecuted as may be likely, and this is your first offence, then any penalty imposed by the Court will be very much lower.

 

Don't worry until you get a letter from the rail company and then write back asking if this can be settled without going to Court.

[moral]

Hi Old-CodJA

 

Thanks for the reply and was waiting for your reply. I have given my details, name address and date of birth, itself to the inspector and had told that without informing my friend i have used his card. inspector took my friends oystercard for reference i had shown my student oyster card to him and he noted my card details too.

 

he also said that my friend can apply for new 1 as lost and stolen, he got a new 1 and i too received my new student oyster card on 21st oct

 

Regards

 

will it be 1000 pounds?

[Old-CodJA]

Hi Old-CodJA

 

Thanks for the reply and was waiting for your reply. I have given my details, name address and date of birth, itself to the inspector and had told that without informing my friend i have used his card. inspector took my friends oystercard for reference i had shown my student oyster card to him and he noted my card details too.

 

he also said that my friend can apply for new 1 as lost and stolen, he got a new 1 and i too received my new student oyster card on 21st oct

 

Regards

 

will it be 1000 pounds?

 

NO.

[moral]

Hi Old-CodJA

 

Thank you so much now i got some relief, i would need your suggestions once i get the letter and so i would come again for your help, thanks a lot.

 

Regards

[moral]

Hi all/Old CodJA

 

Merry Christmas everyone.....

Its a long posting, I plead you to help me with this.......I received a letter today stating as below.....

 

Dear Mr. .....my name

 

On 14/10/2009 at 18:45 an incident took place at Upton Park station where by you were spoken to by a member of London Underground staff regarding your train journey and the associated fare.

 

The facts of this incidents are now being considered and I must advice you that legal proceedings may be initiated aainst you regarding this matter in accordance with the London Inderground prosecution policy.

 

If you have any comments to make regarding this incident please write them on the reverse side of this letter and complete the information panel below, returning the whole letter in the freepost envelop provided which does not require a stamp, within 10 days.

 

You do not have to reply to this letter but it may harm your defence if you do not mention something which you may later rely on in court. Anything that you do provide in writing may be used in evidence.

Failure to respond to this letter may result in the matter being progressed by the London Underground Prosecutions Department without further notification.

 

Yours sincerely

Mr. his name

Prosecution Manager

 

Kindly suggest me please.....

please edit my letter below and guide me, I am not good at English and conveying information, please correct my letter with additions or deletions, please make my letter easily understandable and to please the Prosecution Officer to decide for minimal punishment.

 

Do I need to include this information which I had told to inspector previously that “I took my friends oyster card without his knowledge”? so that my friend should not face any problem.

My response letter.....

Dear .......his name

I accept my first offense and promise that I would never do this again in my life. Please consider my request to settle the issue out of court also plead you not to file any case against me in court.

I would like to explain what and why it happened from me,

I am 18+ student having 18+ student oyster card and was caught using my friends 18+ student oyster card because mine was expiring on the same day 14/10/2009 and was not allowed to top-up for weekly which I tried on 09/10/2009 at Heathrow airport (I had applied for new one 2 days before and was waiting for it) however, I had used my card the previous day paying around £5.00.

It was hurting me to pay £5.00 per day where in before I was paying £11.60 for 1 week zone 2-3 ticket on my student oyster card, I want to explain that I accept what I did was wrong, this was my first wrong act and I accept to be fined but not high fines or to the extent of court case, to add, I was calm and very much co-operative with the inspector and answered the truth and honestly whatever he questioned even though I was panicked as this kind of thing was happening with me for the first time. I am a student and cannot afford for high fines and can’t even think of court case which could be very depressing for me. I accept what I did was wrong, would never repeat and plead you to consider for minimal fine.

The following explanation may not interest you but I feel to write down, I was stressed a lot about my health and money recently when I came back from my native country after medical treatment on 9/10/2009, couldn’t top-up for weekly at airport and came to know on 10/10/2009 that I lost my job because I was in my country for 1 month, this made me still more stressed and made me to think of saving money where ever possible, under this situation I had to pay more than I paid previously as explained above.

I feel if my card had the validity till the end of my course, I would have used my card itself as usual and this could have never happened. However I accept what I did was wrong and plead you for minimal fine.

Also please.......

what would they consider the most to settle it out of court?

even if it is settled out of court, will I have a criminal record?

do I need to explain this issue during my application for visa renewal/Post Study Work/ or for any job applications to the company?

 

Please.......... Please......... Please.........

 

I know, it would have taken your precious time and would take some more time for reading and to suggest to my problem, thanks every one for giving time, is greatly appriciated and thankful.

 

Kind Regards

Moral

[moral]

My response letter

Mr....his name

 

I accept my first offense and promise that I would never do this again in my life. Please consider my request to settle the issue out of court also plead you not to file any case against me in court.

 

I would like to explain what and why it happened from me.

I am 18+ student having 18+ student oyster card and was caught using my friends 18+ student oyster card because mine was expiring on the same day 14/10/2009 and was not allowed to top-up for weekly which I tried on 09/10/2009 at Heathrow airport (I had applied for new one 2 days before and was waiting for it) however, I had used my card the previous day paying around £5.00.

It was hurting me to pay £5.00 per day where in before I was paying £11.60 for 1 week zone 2-3 ticket on my student oyster card, I want to explain that I accept what I did was wrong, this was my first wrong act and I accept to be fined but not high fines or to the extent of court case, to add, I was calm and very much co-operative with the inspector and answered the truth and honestly whatever he questioned even though I was panicked as this kind of thing was happening with me for the first time. I am a student and cannot afford for high fines and can’t even think of court case which could be very depressing for me. I accept what I did was wrong, would never repeat and plead you to consider for minimal fine.

The following explanation may not interest you but I feel to write down, I was stressed a lot about my health and money recently when I came back from my native country after medical treatment on 9/10/2009, couldn’t top-up for weekly at airport and came to know on 10/10/2009 that I lost my job because I was in my country for 1 month, this made me still more stressed and made me to think of saving money where ever possible, under this situation I had to pay more than I paid previously as explained above.

 

I feel if my card had the validity till the end of my course, I would have used my card itself as usual and this could have never happened. However I accept what I did was wrong and plead you for minimal fine.

[moral]

above 3 postings are mine sorry in 1st of d postinf some font verdana problem was there so edited and again posted, I apologise for that and need all your suggestions and help

 

Thanks a lot

Moral

[Old-CodJA]

I think your letter appears to be generally well written and I'm sure that a compassionate mind might be sympathetic, but the act of using someone else's card or, season ticket is clearly wrong and any decision made by the prosecution office will bear that in mind.

 

In doing so, you have acted in a pre-meditated manner and that suggests a clear intention to avoid a fare.

 

I suggest that it might be better to leave out the following parts:

 

and made me to think of saving money where ever possible, under this situation I had to pay more than I paid previously as explained above.

 

I feel if my card had the validity till the end of my course, I would have used my card itself as usual and this could have never happened.

Whilst I understand that you are probably trying to be as truthful as you feel necessary, those two sentences might be counter-productive as they simply remind the reader that you knew what you were doing was wrong, but went ahead and did it anyway. That is unlikely to get a sympathetic response.

[moral]

Hi Old-CodJA

 

Many thanks, I understood your sugesstions and deleted the bit of letter and going further with the letter.

 

I would come back to you with the result of this issue.

also thank you for replying at both posts.

 

Many Thanks

Moral

[moral]

Hi Old-CodJA

 

I apologise I was bit confused, tensed and posted in the wrong thread.

http://www.consumeractiongroup.co.uk/forum/public-transport-trains-tubes/138489-oyster-card-hell-3.html#post2668254

 

I have moved 2 Chelmsford-Essex and also posted the letter through Recorded delivery, it seems to be delivered on 22/12/2009. I took photocopy of letter for my refernce but not finding now and dont know I would fid it or not. I was not having ref. no. too, however I found my reference no. but not the photocopies.

 

I wanted to call the prosecution department and ask to know what is going on with my issue. I dont know it is right or wrong. through tfl customer care i found the no. as 02079186085 but no 1 is answering. Is this the right no. I understand its too early to get back for my letter because of Christmas and Bank holiday, but still I wanted to know something about it.

 

Thanks

Moral

[Old-CodJA]

It may seem a little harsh, but you really will have to slow down and wait in this case. I understand that you may be a little anxious, but think about the time of year and the fact that yours is only one of many hundreds of similar cases.

 

TfL customer services have given you the number that you need to ring and as you say yourself, your letter was only delivered on 22 nd December

 

That office deals with thousands of cases annually and hundreds of letters each week

 

Since delivery there has only been 2 working days and the work that was already in hand will invariably be dealt with first.

 

If I were you I would wait until Monday 4th January and give them a call then.

 

Happy New Year

[moral]

Hi Old-CodJA

 

Thanks for the wishes and same to you

Happy New Year 2010

Many thanks for reply.

I will wait surely till 4th Jan and then try

with phone call.

 

Regards

Moral

[sonic121]

...........................

[Old-CodJA]

A timely reminder sonic121.

 

Perhaps Moral can update us?

 

What response did you get to your letter?

[moral]

I apologise for delayed reply. I was quite busy with my final dissertation.

 

I am waiting for their reply/decision to my reponse letter. hope u might have read my response letter above. I called them on Jan 4th 2010, 02079186085 with my refernce no. for my issue, they said it would take 2 months. I am stilll waiting, I was told I can do only waiting nothing else and so doing. I would surely update what ever I receive from them.

 

Thanks for ur wishes.

Moral

[Old-CodJA]

I apologise for delayed reply. I was quite busy with my final dissertation.

 

I am waiting for their reply/decision to my reponse letter. hope u might have read my response letter above. I called them on Jan 4th 2010, 02079186085 with my refernce no. for my issue, they said it would take 2 months. I am stilll waiting, I was told I can do only waiting nothing else and so doing. I would surely update what ever I receive from them.

 

Thanks for ur wishes.

Moral

 

Ahh well, it's a bit of a long wait, but as I said earlier, it is a busy office.

[moral]

Hi Old-CodJA

 

Waiting ended, I received summonsed letter and nervous. I need ur help. please suggest me how to progress with this letter. I will scan all d papers nd send 2 u. I humbly request u 2 advice me. My career is just 2 begin I got part time job in Dec end nd now going ok. in summon letter there is "means information" which asks for employers address do i need 2 provide my part time emplooyers address? is dis part time job considered as employment because still i am student. if address given will they contact my employer? i may loose job, dont know how 2 proceed now. Please sugesst me.

 

i will scan all d papaers nd send

 

Thanks

Moral

[moral]

Hi All/Old-CodJA

 

I am worried and at the same time confused.

i received summons letter on 6th feb.

i couldnt do it till now because of studies.

 

I want to attach summons letters, i dont know how to attach here, please get me your email id i will send all the scanned documents. i dont know whether you have time for this. i dont want to commit any mistake in this while replying.

 

 

 

many thanks

moral

Edited February 27, 2010 by MARTIN3030
Email ID removed.

[MARTIN3030]

Please note-posting of email Ids is against site rules.

You should consider using photobucket (see stickie in the Welcome forums)

[moral]

Dear MARTIN3030

 

I apologise, i wasnt knowing.

 

Regards

[Old-CodJA]

Hi All/Old-CodJA

 

I am worried and at the same time confused.

i received summons letter on 6th feb.

i couldnt do it till now because of studies.

 

I want to attach summons letters, i dont know how to attach here, please get me your email id i will send all the scanned documents. i dont know whether you have time for this. i dont want to commit any mistake in this while replying.

 

 

 

many thanks

moral

 

I'm sorry that I hadn't seen your last posting until now.

 

Firstly, you don't need to send all of the papers, the important one is the Summons.

 

Somewhere near the top it will specify the charge. Tell us what that says.

 

It is likely to read something like this:

 

That you did on DATE between PLACE & PLACE, travel without a valid rail ticket and did attempt to use a season ticket belonging to another person with the intention to avoid payment of the fare due, contrary to Section 5.3.a of the Regulation of Railways Act (1889).......etc

 

If you type out here exactly what it says on your actual Summons and tell us the date on which you received it and the date when your Court hearing is set for, I'll try to advise.

 

Leave out your name and the actual stations, just use the words Station 1 & Station 2 when you type up the charge that they have alleged.

 

I know what all the other papers should say, they are standard process so we don't need to see them. It is just the offence that you have been charged with that is important.

Edited February 27, 2010 by Old-CodJA

[moral]

Dear Old-codJA

 

Many thanks for replying. as suggested i have witten below

 

You are hereby summonsed to appear on ----date at ----am before city of London court at---to answer the following laid today:

That you on ---did travel on the London underground railway without having previously paid the fare a magistrate and with intent to avoid payment thereof.

Contrary to S.5(3)(a) of the regulation of railway act 1889as amended by section 84 (2) of the transport act 1962and section 18 of the British railways act 1970.

Cost applications

If you are convicted, the court will be asked to order you to pay costs in addition to any fine or the penalty imposed.

If you plead guilty in writing the application will be as shown below (very long 2pages)

On the above date in court London underground will be applying for the sum of £120 towards costs incurred.

Statement of facts

On ------Mr. ------travelled from station1 to station2, he produced a oystercard student valued at21.10 that did not belong to him. He later admitted it belonged to his friend and that he was using it as travel was expensive and his card has run out.

Compensation for the outstanding fare avoided of £4.00 is claimed, together with the sum of £120 as a contribution towards prosecution costs.

Acknowledgment and notice of plea (which one shall i choose?)

1.Pleading guilty and ask the court to deal in absence

2.Accept the offence, attend the court and plead guilty – no solicitor representation

3.Intend to plead not guilty

Statement of your income and outgoings

Is this information must, I am a student and doing job part time does it mean I am employed. I recently from December got the job (Dec to Jan end £5.80 per hour and from Feb £6.80 per hr for 20 hrs) my money income was 0 zero at the time of this incident and till November and December’s income went only for travel as I used to travel from London to Chelmsford for job. So practically I am earning from January. Which figure I have to show them I have pay slips of December of £71-£94 but now have £138. But this 138 is not the representative figure. also after 2 months not sure whether i will be having this amount of salary or not. What to do? Which one to fill and will there be increase in fine, all these doubts to be cleared or explained will it be good to attend the court plead guilty and explain about income. They have also asked for employer’s details, will they call the employer and let them know about this case. I am on training still, I may loose job. Please suggest what to do.

Can I pay the fine and amount now itself by calling them on phone?

 

Many thanks

Moral