Accepted [unknown] Fake paper railcard from stranger - got caught!! **SETTLED OUT OF COURT**

[Bamboo_fighter]

here is the story.

 

 

On Saturday (25th Oct), early in the morning I was heading towards the Tube station in London

and I saw some fella heading towards me.

 

 

He then stopped and offered me his paper railcard, saying that he's done with travelling for the day

and kindly offered me to take his card.

 

 

I accepted this as an act of kindness from the stranger and continued walking towards the station.

 

 

Since I got a valid rail card, my initial intent to top up my existent Student Photocard Oyster was foregone.

The rail card worked perfectly and was actually valid till the end of the next day (weekly pass, worth 57 pounds).

 

 

Unluckily for me, in the station that I got off, I was stopped by an inspector.

I gave him this railcard I had received and he asked for a photocard associated with this travel pass.

 

 

I explained the situation to the investigator that I do not have it and I was given this card by a stranger outside the tube station.

 

 

He then said that this is illegal and I haven't paid for my travel.

 

 

He also mentioned, that this card may be fake, which I was absolutely unaware of.

He also scanned my Student Oyster (there was 80p only) and took my details from there, and took notes on his notebook (Qs and As).

At the end he said that I should receive a letter shortly with either a warning, a fine or a prosecution.

 

I am panicking and stressing hell of a lot.

 

 

I am a master's graduate from prestige University and also am a financialist by a profession.

 

 

I want to avoid criminal record at any cost as it may ruin my life and career.

 

 

Please advise on the most obvious outcome and what should I do next??

 

Also, I was not asked to sign anything by the inspector and was let to continue with my journey.

[dx100uk]

moved to the transport forum

 

 

have a read of a few threads here

 

 

you need to await you letter [iF you get one]

 

 

then post here again.

 

 

dx

[Bamboo_fighter]

dx100uk, thanks for your reply.

 

[iF you get one] means that there is a chance that I will not get any letter at all?

[dx100uk]

correct.

 

 

dx

[Bamboo_fighter]

Hi All,

 

I have received letter from TFL. It states "the facts of this incident are being considered and I must advice you that legal proceedings may be taken against you in accordance to TFL prosecution policy"

 

It also asks me to add any i formation and return the letter within 10 days.

 

Does that mean that I will be prosecuted?? How can I sort this out without court?

 

Please help!

[dx100uk]

I notice you've read around

 

 

now you send the begging letter

pleading to settle out of court [affects job etc etc]

offer to pay all resonable costs and eqiv cost to the fines

 

 

don't waffle

 

 

be honest

 

 

dx

[Bamboo_fighter]

I have been advised by a lawyer, to write NO CONTEACT / NO CONSENT / RETURN TO SENDER

And do that to every letter.

 

What do you think of this?

[honeybee13]

I have been advised by a lawyer, to write NO CONTEACT / NO CONSENT / RETURN TO SENDER

And do that to every letter.

 

What do you think of this?

 

Hello there. It's not normally what we advise here. I will defer to the opinion of the rail experts, but I think this could make things worse.

 

What sort of law does this person practice please?

 

HB

[dx100uk]

your lawyer wants shooting

 

 

 

 

you could end up with a criminal record here

 

 

and baiiffs at your door if you do that

 

 

dx

[Old-CodJA]

I have been advised by a lawyer, to write NO CONTEACT / NO CONSENT / RETURN TO SENDER

And do that to every letter.

 

What do you think of this?

 

 

 

 

An absolutely crazy idea.

[*RainbowTears*]

An absolutely crazy idea.

 

I agree with OC on this...

 

But I've a question. Why would a Lawyer say such a thing as this?

 

Surely they would know that this could end up in Court, with potentially disastrous consequences for the OP!

[honeybee13]

That's what I wondered too, Rainbow. It sounds more like FoTL advice.

 

HB

[*RainbowTears*]

That's what I wondered too, Rainbow. It sounds more like FoTL advice.

 

HB

 

 

Your right it could be HB..

 

As It doesn't make any sense whatsoever for a Lawyer to say such a thing!

[Bamboo_fighter]

Hi everyone,

 

TFL investigation team has received my explanation letter, as I have called them asking whether they have received it. The person on the phone (investigator/prosecutor) told me that my information is going to be considered when decision will be made.

 

The waiting time is slowly killing me and I feel kind of stressed. I am thinking to call the investigator, politely asking whether there is a chance to discuss my case over a telephone in order to find out what will be the most likely outcome in this situation. Or should I rather email them? It takes them 3 working days to respond to my email, so I am considering calling.

 

What do you think of this action? Would it annoy them? last time i called them, i was very polite and wished them a lovely day (hope that made them think I am a polite person).

 

Waiting for your opinion.

 

Thanks

[rebel11]

Just wait for them to get back to you. They said they received it and will consider it. They probably have loads of cases to work on each day, no doubt people phoning up doesn't help, when they have stacks to do.

 

Hi everyone,

 

TFL investigation team has received my explanation letter, as I have called them asking whether they have received it. The person on the phone (investigator/prosecutor) told me that my information is going to be considered when decision will be made.

 

The waiting time is slowly killing me and I feel kind of stressed. I am thinking to call the investigator, politely asking whether there is a chance to discuss my case over a telephone in order to find out what will be the most likely outcome in this situation. Or should I rather email them? It takes them 3 working days to respond to my email, so I am considering calling.

 

What do you think of this action? Would it annoy them? last time i called them, i was very polite and wished them a lovely day (hope that made them think I am a polite person).

 

Waiting for your opinion.

 

Thanks

[Bamboo_fighter]

Hey rebel11,

 

Thanks for your prompt response. I initially thought the same way, just was wondering whether calling them up and negotiating would ease their process and reduce my waiting time. Thanks, will have to wait.

[dx100uk]

no you need to wait.

 

 

dx

[firstclassx]

Hey rebel11,

 

Thanks for your prompt response. I initially thought the same way, just was wondering whether calling them up and negotiating would ease their process and reduce my waiting time. Thanks, will have to wait.

 

They have up to 6 months from the date of the offence to deal with the matter. Time isn't really too important for them, and they won't particularly want to prioritise your case just to make you feel better!

 

If you ring up and start irritating them etc, they will eventually prioritise your case, but not in a way that you would want!

[Bamboo_fighter]

Hi everyone,

 

I have received a summon to court and now have an option to Plead Guilty (and reduce the penalty) or plead not guilty.

 

 

Please tell me how a criminal record from this situation can negatively affect my job?

 

 

Some people told me that this is not a very bad case and won't have a big effect.

 

 

Do I have to notify my employer?

 

 

Will this record expire after a year and will not be visible anymore?

 

Many thanks!

[worried person]

It all depends on whether you plead guilty or not and what the charge is, can you elaborate?

[Bamboo_fighter]

It says 'an application will be made in court for a £130 contribution towards the costs of tfl. There will also be an application for compensation of £4.70 in respect of the fare avoided'

 

I am really worried about criminal record, as I am working for a reputable place. With my current mood I want to call them and tell them that I'm planning to jump off a bridge...

[worried person]

Think you have got off lightly then, looks like you are being brought before the court on railway byelaws then rather than fraud. firstclass or OldCJA will be better placed to advise

[Bamboo_fighter]

It says 'Contrary to S.5(3)(a) of the Regulation of Railways Act 1889 as amended by Section 84 (2) of the Transport Act 1962 and Section 18 of the British Railways Act 1970. Was travelling on the railway without having paid the fare and with intent to avoid payment thereof.'

[Old-CodJA]

It says 'Contrary to S.5(3)(a) of the Regulation of Railways Act 1889 as amended by Section 84 (2) of the Transport Act 1962 and Section 18 of the British Railways Act 1970. Was travelling on the railway without having paid the fare and with intent to avoid payment thereof.'

 

 

 

If you are pleading guilty to this offence it will result in a criminal record on DBS. It is a recordable offence, generally considered 'spent' after a year, but remains on DBS for around 10 years

 

The result, depending on what you have said in your letter to the Court, will be a fine, plus an order to pay compensation of the unpaid fare/es to the rail company, you may be ordered to pay all (or a part) of the prosecution costs application and a victim surcharge.

 

Please don't look on this as being such a dark issue, it is not a life threatening matter in the scheme of things and most employers are pretty good about it. It is only persons working in professions that require a high standard of integrity such as finance, the law etc. who might have any difficulty and even then, if you are open, honest and up-front it rarely causes major problems.

[Bamboo_fighter]

Old-CodJa,

 

Thank you for your response. I am working in finance industry and I hope that this won't stand on my way. If I choose to plead guilty and do not attend, they might reduce my charge (as it says on the letter)?

 

Is there still a chance of out-of-court settlement? Perhaps calling TfL or popping in their office?

Edited February 4, 2015 by Bamboo_fighter