TFL Fare Evasion *COURT SETTLEMENT* HELP!

[enbee7]

Hi! (I have literally just joined this site so apologies if I do anything wrong!)

 

I will try to keep this as concise as poss - I recently got into trouble on a bus when I accidentally used my boyfriend's 16+ zip Oyster instead of mine (I have an 18+ student one). Like most people, I got v worried about this after googling what could happen - I'm a medical student so prospect of a criminal record is v v v scary!

 

Got the standard letter asking for an explanation - sought advice from head of my faculty, turns out this has happened to many students before, and she suggested going in to hand in my response letter in person, and try to speak to them in person and halt the investigation in its tracks.

 

I did so today. Spoke to a lawyer at TFL HQ, he said he believed that it was an honest mistake (which it truly was!!) and he referred me on to the investigator in charge, who thankfully offered to settle for £300. Although this seems a bit steep, I am glad I am no longer facing a criminal record. However, in the email he sent me, he said this:

 

'Please be aware that a guilty plea in court could result in the fines and costs being lower than an out of court settlement as they would take into account the individuals mitigation and means.'

 

I spoke to a friend who recently did the same thing as me, and he ended up pleading guilty via post and paying only £120 - and got no criminal record from it? This confused me, as I thought that going to court and pleading guilty = criminal record!?

 

So, my question now is - obviously the prospect of a lower fine is desirable (I'm a student with no income other than student loan/grant!), however, won't I get a criminal record from going to court and pleading guilty?? If not, should I go to court, get the lower fine, and try to not get a criminal record (if that's possible can somebody please explain what I need to do?) or should I just pay up the £300 now?

 

Thank you so much for taking the time to read this!

[dx100uk]

Appearing letter is always better than face to face

 

But it needs wording properly

 

Dx

[BazzaS]

Hi! (I have literally just joined this site so apologies if I do anything wrong!)

 

I will try to keep this as concise as poss - I recently got into trouble on a bus when I accidentally used my boyfriend's 16+ zip Oyster instead of mine (I have an 18+ student one). Like most people, I got v worried about this after googling what could happen - I'm a medical student so prospect of a criminal record is v v v scary!

 

Got the standard letter asking for an explanation - sought advice from head of my faculty, turns out this has happened to many students before, and she suggested going in to hand in my response letter in person, and try to speak to them in person and halt the investigation in its tracks.

 

I did so today. Spoke to a lawyer at TFL HQ, he said he believed that it was an honest mistake (which it truly was!!) and he referred me on to the investigator in charge, who thankfully offered to settle for £300. Although this seems a bit steep, I am glad I am no longer facing a criminal record. However, in the email he sent me, he said this:

 

'Please be aware that a guilty plea in court could result in the fines and costs being lower than an out of court settlement as they would take into account the individuals mitigation and means.'

 

I spoke to a friend who recently did the same thing as me, and he ended up pleading guilty via post and paying only £120 - and got no criminal record from it? This confused me, as I thought that going to court and pleading guilty = criminal record!?

 

So, my question now is - obviously the prospect of a lower fine is desirable (I'm a student with no income other than student loan/grant!), however, won't I get a criminal record from going to court and pleading guilty?? If not, should I go to court, get the lower fine, and try to not get a criminal record (if that's possible can somebody please explain what I need to do?) or should I just pay up the £300 now?

 

Thank you so much for taking the time to read this!

 

Be aware there are "recordable" and "non recordable" convictions.

A non-recordable conviction may not show on a basic or standard disclosure : this may be what your friend has.

If they are a medical student they may get a surprise the first time they apply for a medical job!

 

Firstly they won't be able to rely on not disclosing the conviction as the post will be exempt from the Rehabilitation of Offenders legislation.

 

Secondly, the conviction may appear on an enhanced DBS (where it wouldn't show on a basic or standard disclosure)

 

If they didn't reveal a conviction, it got noticed and that then got reported to the GMC : they then may find themselves visiting Hallam Street (where the disciplinaries are held) rather than Euston Road (where the Registration is dealt with).

 

If I were you I'd consider paying more for the reassurance of knowing you couldn't (in the future) find yourself having to reveal a conviction you thought wouldn't matter that later does matter.

You may pay out more but can be confident you can always truthfully answer "no convictions".

 

You could also phone the GMC for advice (or your defence Union if have student membership if you weren't happy asking the GMC!)

[enbee7]

Thank you for your response! I understand. No, he isn't a medical student - I don't think he quite knew what was going on himself, I think you may be right in that he may have one without realising it!

 

So there isn't really a way of going to court, and coming out without a record?

 

Yes, I am looking at just paying up the £300, even though it does seem a lot!

[BazzaS]

Thank you for your response! I understand. No, he isn't a medical student - I don't think he quite knew what was going on himself, I think you may be right in that he may have one without realising it!

 

So there isn't really a way of going to court, and coming out without a record?

 

Yes, I am looking at just paying up the £300, even though it does seem a lot!

 

"So there isn't really a way of going to court, and coming out without a record?" : not if you plead guilty, or plead not guilty but are found guilty.

If you plead "not guilty" and are found not guilty : this is the one way you can take it to court and come out with no record that could appear on an eDBS.