Really scared, unfair tfl fair evasion court summons? Really need some advice :(

[omaromal]

Hi, this all started last month when I was stopped by a revenues officer after making a lot of journeys with my 18+ oyster card (I'm 18, still in full time education). I believed that oyster cards stops taking money when you pass the amount for a daily travelcard. On my last journey from london bridge to croydon I had the seek assistance message at London bridge when I tried to tap in. Without checking my card, the man let me through the gates. If I had known I didn't have the money I would have got the bus for free. I believed I had spent the same amount as a daily travelcard as I'd done so many journeys and that I wasn't avoiding paying for a ticket.

 

When I was stopped at East Croydon, its the first time I've ever been stopped, the revenues officer didn't offer me a fine, he took my address so I assumed one would come in the post. He also told me if I gave him any spare change I had, he'd let me go and this wouldn't go further, which obviously sounded shady. I called TFL that night and told them everything, they said they saw it was a genuine mistake and thought I wouldn't hear anything more on this matter.

 

Today I received a letter saying that want to prosecute me - I have no idea what to do! It was a complete mistake and I didn't understand that if you journey though peak and off-peak time zones this effects the amount your oyster card maxes out at. I'm a student and would have no way to pay a £1000 fine, has anyone got any advise for me? I'm so confused about what to do.

[Conniff]

Not my section omaromal but there is nothing to be scared of. If it all goes against you, the £1,000 is the max and is never used also if all should go against you, you will be able to make an offer of an amount to pay each month that you can afford. You won't be told to pay something you can't.

 

Those that know will be along later, but it is weekend so may be slow.

[honeybee13]

Hello there and welcome to CAG.

 

I expect the guys in the know will be along soon, but as Coniff says, weekends can be quiet here.

 

Please could you tell us what offence TfL are charging you with to start things off here? I expect the guys will have other questions, but that information will help them to advise you.

 

My best, HB

[Old-CodJA]

HB is right, we will need more information on what TfL are alleging in your letter.

 

My initial thought is that if your Oyster flagged up 'Seek Assistance' and the member of staff at the barrier seeing this then allowed you through, they will have difficulty in continuing to prosecution unless there are factors that we are not aware of.

Edited April 29, 2012 by Old-CodJA

[omaromal]

hi guys, they're saying that I tried to avoid paying my fare.

[Old-CodJA]

hi guys, they're saying that I tried to avoid paying my fare.

 

Is that your interpretation of what the letter says, or does it state in the letter ' you intended to avoid a fare contrary to Section 5 of the Regulation of Railways Act (1889) ' ?

[omaromal]

Hi, my mums got the letter at the moment and I dont want to wake her because it's late, I can't remember the exact wording but it definitely stated that I was intending to avoid a fare. Sorry that I can't give an exact quote and I hope that gives you something to go on - thank you for your help

[Old-CodJA]

Hi, my mums got the letter at the moment and I dont want to wake her because it's late, I can't remember the exact wording but it definitely stated that I was intending to avoid a fare. Sorry that I can't give an exact quote and I hope that gives you something to go on - thank you for your help

 

Not really I'm afraid. If the letter states that TfL believe that you were 'intending to avoid a fare' I believe that there has to be more to this than your original post covers.

 

Perhaps you can post the exact phraseology later and we might be able to help then. Don't include any parts of the letter that can identify you.

[omaromal]

Hi, I will do after my drama class, but this is honestly the full version of what happened.

[glider3560]

If you travelled from London Bridge to East Croydon, it is likely you were stopped by either Southern or First Capital Connect, not TfL.

 

Could you confirm which company has sent the letter, as each operator has their own way of dealing with these matters.

 

(From what you've said so far, it sounds like First Capital Connect)

[honeybee13]

Hi, I will do after my drama class, but this is honestly the full version of what happened.

 

Hello again.

 

We don't disbelieve you, but the industry guys won't be able to give you any more advice until you tell us what offence you're being charged with if you are indeed being charged, as OC said earlier.

 

As long as you leave out identifiable details, I think it would be OK to post up the relevant parts of the letter.

 

HB

[The Urbanite]

By the sounds of things, the OP rang the Oyster Helpline.

 

I suspect there was a revenue block on at East Croydon. I would've hazarded a guess that it was Southern, but then it sounds very FCC to submit a report if someone refuses to pay a Penalty Fare.

 

It's not clear why the OP did not want to pay when it was made clear that no charge had been deducted from the Oyster Card. Subsequent refusal to pay any fare sounds like good grounds for a successful prosecution to me - it doesn't take a lot for certain TOCs to get defensive about their revenue these days. If you make a mistake and they give you a chance to pay the fare then you should take responsibility, instead of arguing with them when you just got a free ride.

Edited April 29, 2012 by The Urbanite

[weallmademistakes]

You will most likely need to write a letter apologizing for your action and say you won't do it again and offer to pay any costs, I think there are some letter formats somewhere on the forum (?). You not being aware of the fact you didn't have enough money on your oyster card for the journey wouldn't really matter (ignorance doesn't count apparently), but I can empathize with you on that matter :/

[glider3560]

You will most likely need to write a letter apologizing for your action and say you won't do it again and offer to pay any costs, I think there are some letter formats somewhere on the forum (?). You not being aware of the fact you didn't have enough money on your oyster card for the journey wouldn't really matter (ignorance doesn't count apparently), but I can empathize with you on that matter :/

A lot depends of which offence is being prosecuted.

 

Byelaw offences are strict liability, whereas a Regulation of Railways Act offence needs to have intent.

 

Without knowing what is written in the letter, it is difficult for us to give any further help.

[weallmademistakes]

That is true, let's wait for OP to reply then )

[iambilly]

Hey I got the same thing, I was using my friends freedom pass.

 

I have tried every way I can to get out of it but can't.

 

Did you go to court what happened? I have to go next week still don't know to plead guilty or not.

 

Please let me know how you go on and stuff thanks