No Penalty fares just prosecution

[missty]

It all happen when i got on a c2c train from barking to upminster

 

I touched in at the gates at barking got on the train to Upminster during the journey rail inspector asked for my ticket which I handed for checking but it wasn’t reading I opened up the sleeve to remove all the cards to find my oyster missing it had slipped into an inner pocket it took several minutes to actually locate the oyster card.

 

I buy each week zones 3 to 6, which expires on Sunday I had sufficient funds on my oyster to pay for my single journey fare to Upminster i had about £13 with the intention of purchasing my weekly 3 to 6 zones later on that morning, which I offered to do but was declined and told I didn’t have the cash at hand to do so.

 

i was given any caution of what act i had committed before my 'rights' where read and i was then asked questions upon questions because i didnt understand what was happening my oyster was taken away,

 

there were a couple of whispers among the inspectors in which i felt very intimidated i was not issued a penalty fare but a prosecution notice. i have never been caught fare evading, cctv footage will clearly show me tapping in.

 

i was made to feel like a criminal i dont earn much so i have to budget, it had never crossed my mind to evade a fare when i clearly had the means to pay and i think the inspectors were quite upset they had to get off the train with me cos one of them was mubberling they could have sorted this all out on the train before reachin upminster which is like a 6 minute journey.

 

sorry for the long story but i feel so helpless and need advice asap. thank you

Edited February 7, 2012 by honeybee13
I put in some paragraphs for ease of reading.

[honeybee13]

Hello and welcome to CAG. I hope our transport guys will be able to get here later.

 

I'm not sure I follow, could I ask a couple of questions please?

 

You swiped your ticket when you got on at Barking, or was it your Oyster card?

 

Why did they confiscate your Oyster?

 

My best, HB

[missty]

thank you.

yes i swiped my oyster sleeve and was unaware my oyster card wasnt in that sleeve, unknown to me it had dropped into an inner pocket in my coat it took me several mins to actually locate it thats why the inspectors were moaning that they could have sorted it on the train before we got off at upminster.

The reason the inspector collected the oyster was because they were going to prosecute me, i was not told what i had done all i did was ask for a penalty notice so i could appeal then if i loose then i'll have to pay fair enough but instead he then began to read me my rights this was before handing me the prosecution notice when i did ask for my oyster i got a very agressive response and a smirk look from his other colleague and immediately left as i felt very intimidated by the 3 men. thank u for your response

[honeybee13]

Thank you for that.

 

So you swiped an Oyster card that wasn't there? I think I'm right in saying that the inspector doesn't have to offer you a penalty fare.

 

Is this the first time you've had a problem?

 

My best, HB

[SRPO]

When you swiped the empty sleeve what caused the reader to beep & green light to activate to show that you had successfully touched in?

It is at the inspectors discretion how to deal with the offence, i.e. sell a ticket, warning, penalty, report for prosecution.

I suggest you have a read through the various threads on here & prepare a response to the letter that will eventually come.

[missty]

thanks all

yes this is the first time i have had a problem.

No the barriers were open i was in hurry and just tapped in and rushed to the platform to catch my train.

 

so the inspector doesnt have to issue me a penalty fare even though it wasn't intentional and there is cctv to show in touch if i did plan to evade i would have just walked through.

[missty]

Do you have an idea what is usually contained in these such letters?

[honeybee13]

and there is cctv to show in touch if i did plan to evade i would have just walked through.

 

But I thought you just said you swiped an empty wallet? The machine would have told you if the swipe hadn't worked.

 

Do you have an idea what is usually contained in these such letters?

 

You should find information on other threads here. I believe it will say which byelaw, etc you broke and let you tell your version of what happened.

 

My best, HB

[andydd]

It is quite unlikely in my opinion to swipe something which isnt there, even on no barrier Oysters you should wait for the beep and the green light.

 

So clearly you travelled on TfL without a valid oyster, if caught you could be given a penalty fare or prosecuted, Im afraid to say, if I was an inspector I would seriously doubt your story.

 

It is only your claim that it wasnt intentioanl, after all the swipe the empty oyster holder might be just a [edit] youve come up with.

 

Anyway, Im sure the others will advise you hopw to proceed, it is possible to reply to the prosecution letter, offer to pay an amount and the prosecution is then dropped.

 

Andy

Edited February 7, 2012 by honeybee13
Please refrain from trying to circumvent the language filter.

[missty]

Thank You all,

No it was never my intention, i do utterly regret this situation. i had more than enough money on my oyster to pay so there was no reason why i wouldnt.

something similar has happened same station swiped in when i got to my destination swiped out, later that day wanted to make a top up on my oyster and i was told i had a negative balance of £5 plus when i asked at the station what happened i was told i didnt touch in or out, so i got charged an incomplete journey. journey should have cost 65p. This was an innocent error on my part.