My husband used my Oyster card - help needed

[Rochell]

Hi I am dealing with a similar issue n i am very worried can you tell me what did you write in the e mail and how can I avoid any criminal offence against me..... My husband accidentally used my student oyster and wants to accept it and pay the fine....plz let me know how to go about it... We have two days left to respond...... Plzzzz I am waiting

[honeybee13]

Hello and welcome to CAG.

 

I've started a new thread for you as the one you posted on dates back to 2012.

 

Please tell us what happened, how long ago and whether TfL have written to either of you yet?

 

HB

[unclebulgaria67]

I think you just contact TFL revenues protection people and pay the administrative fine. They probably can accept debit card payment. If they have not decided the administrative fine yet, he just needs to explain how he managed to use your student card. Did he pick it up in error ? Or did he have no money on his card, so decided to use your card, not thinking it was a problem ? He needs to explain exact circumstances of how he came to use your card. He needs to be honest and to say sorry for his mistake.

[rambo]

Yet another one........

[Rochell]

I think you just contact TFL revenues protection people and pay the administrative fine. They probably can accept debit card payment. If they have not decided the administrative fine yet, he just needs to explain how he managed to use your student card. Did he pick it up in error ? Or did he have no money on his card, so decided to use your card, not thinking it was a problem ? He needs to explain exact circumstances of how he came to use your card. He needs to be honest and to say sorry for his mistake.

 

Thank u for ur reply....my husband was going to get medicine for me as I had stomach aches I also went to the doctor the same day...

 

when I got the letter from Tfl I wrote back to them stating he was in a hurry and don't realise he took my card as it had the same cover pack as his... I also attached a copy of my prescription .....

 

The charge sheet says Tfl has applied for a £125 against costs of prosecution.... I am really afraid of the charge sheet means my husband will have a criminal record!!!! I have been given three options 1 plead guilty outside court 2 plead guilty in the court and 3 do not plead guilty.... I want to plead guilty and apologise for the ignorance...

 

But i am financially not very stable to pay a huge fine today is the last day as the letter got posted on 1 st of October but I got it yesterday 19 th of October and as it says I have 21 days to respond I don't even have time to think or consult any one ....

 

Can you please let me know what would be the best option ....

Edited October 20, 2015 by honeybee13
Paras.

[unclebulgaria67]

Thank u for ur reply....my husband was going to get medicine for me as I had stomach aches I also went to the doctor the same day...when I got the letter from Tfl I wrote back to them stating he was in a hurry and don't realise he took my card as it had the same cover pack as his... I also attached a copy of my prescription ..... The charge sheet says Tfl has applied for a £125 against costs of prosecution.... I am really afraid of the charge sheet means my husband will have a criminal record!!!! I have been given three options 1 plead guilty outside court 2 plead guilty in the court and 3 do not plead guilty.... I want to plead guilty and apologise for the ignorance... But i am financially not very stable to pay a huge fine today is the last day as the letter got posted on 1 st of October but I got it yesterday 19 th of October and as it says I have 21 days to respond I don't even have time to think or consult any one .... Can you please let me know what would be the best option ....

 

Just means they will charge £125 as as administrative fine, if he admits to the mistake and pays the £125. If he does this, it won't go to court, so no criminal offence.

 

Your husband should phone TFL saying the letter has only just been received, even though it is dated 1st October and that he cannot pay the £125 in full. He might be able to part paet now and the rest by a given date. He Won't find out, unless he phones them.

[honeybee13]

Hello again.

 

For us to be able to advise, can I ask some more questions please?

 

You're talking about a charge sheet, so you mean a court summons?

 

And whose name is on it, yours or your husband's?

 

What is the offence stated on the summons?

 

If you have a name and a reference number on the letter from TfL, then if we give you some more information, you could ring them once you've dealt with the court paperwork to see if they will negotiate. Let's deal with the urgent stuff first though.

 

HB

[honeybee13]

Sorry, crossed posts with UB.

 

HB

[ashmk]

Oyster card, the most 'accidentally' used card in the world.

[unclebulgaria67]

Oyster card, the most 'accidentally' used card in the world.

 

Which is why they charge £125 as an admin charge if you get caught and if you don't pay you get taken to court.

 

From what i understand, a lot of people use Oyster cards belonging to someone else who receives reduced travel fares. They keep the Oyster cards on the side at home for family usage. If they wanted to avoid a mix up, just keep them in own wallets or handbags.

[Rochell]

Hello and welcome to CAG.

 

I've started a new thread for you as the one you posted on dates back to 2012.

 

Please tell us what happened, how long ago and whether TfL have written to either of you yet?

 

 

 

Thank you for the response. Yes Tfl did contact me few days after the incident which happened on 21 st of July 2015 .. I wrote back to them saying it was an accident as my cover pack was same as his and he was in a hurry to get my tablets I also attached a prescription copy with the letter I wrote to them and apologising for the negligence. However , I still got a letter from the court with a charge sheet that says Tfl has applied for £125 for the costs and further charges may incur if this doesn't get sorted by the single magistrate court....I am terrified with the terms like " sentence" and fine, charge sheet...the charge sheet states court summons with charges 7(1) (b)

 

I don't know if I should plead guilty outside court as my husband is not v good with talking .. Please advice as I want to apologise and pay the fine with no criminal record... Plz help

[unclebulgaria67]

You have been advised what to do. Your husband simply accepts the out of court £125 charge which means no criminal record and he arranges to pay TFL the money.

 

If he is not good with English, you can phone TFL while he is with you and you can sort it out with them. TFL staff may be available who speak the same native language as your husband.

[Rochell]

Hello again.

 

For us to be able to advise, can I ask some more questions please?

 

You're talking about a charge sheet, so you mean a court summons?

 

And whose name is on it, yours or your husband's?

 

What is the offence stated on the summons?

 

If you have a name and a reference number on the letter from TfL, then if we give you some more information, you could ring them once you've dealt with the court paperwork to see if they will negotiate. Let's deal with the urgent stuff first though.

 

HB

 

Hi yes it is a notice from the court with my husband name on it saying he needs to respond in 21 days but it is dated 1st October and I received it yesterday 19th October I am afraid I have to respond today , however if it reaches them after 21 days would be a problem

 

The charges include contrary to regulation 7(1) (b) of the public service vehicles ( conduct of drivers, inspectors, conductors and passengers) regulations 1990 sl.no 1020 and contrary to section 25(3)of the public passengers vehicle act 1981

[honeybee13]

Thank you for the information, Rochell. I have sent an SOS to one of the forum regulars to see if he can get here today.

 

HB

[unclebulgaria67]

Thank you for the information, Rochell. I have sent an SOS to one of the forum regulars to see if he can get here today.

 

HB

 

Not sure what information Rochell is wanting. TFL have offered out of court settlement for £125 and if they want to avoid court action with criminal record, then they just need to contact TFL to accept their offer arranging to pay the £125.

[Rochell]

Hi I want to know if plead guilty outside court will my husband have a criminal record and is the complete fine £125 as the letter also says it will decide the "sentence" and "fine " and what can I write in the mitigating circumstances form ...n should I call Tfl or respond to the court letter ... How should I pay...

[Rochell]

N it is a court notice not from Tfl .... Hence I am afraid that is a offence and also the time allotted is 21 days as I received it yesterday ... I don't know if they would still not consider it if they receive it after 21 days as I don't know when will it reach them

[Rochell]

Thank you for the information, Rochell. I have sent an SOS to one of the forum regulars to see if he can get here today.

 

HB

 

 

Thank you honeybee... Appreciate it

[honeybee13]

If you don't hear from anyone else by about 4pm, I think you should try ringing TfL. Maybe they will also give you an email address and then you can write today as well.

 

I'm still a bit confused about this letter. Is there any chance you could scan it or take a picture of it, remove personal details and post it up for us to look at please?

 

HB

[unclebulgaria67]

N it is a court notice not from Tfl .... Hence I am afraid that is a offence and also the time allotted is 21 days as I received it yesterday ... I don't know if they would still not consider it if they receive it after 21 days as I don't know when will it reach them

 

A bit confused that this is from a court. Normally TFL respond offering an administrative fine as an out of court settlement, which if paid means no criminal conviction. If you pay an out of court settlement, it means no criminal record. Only a Magistrate or Judge in a court can issue someone with a criminal conviction.

 

Surely there is a telephone helpline on the letter received, which you can phone to find out what you need to do. Also to advise them that you have only just received the letter.

[BazzaS]

Not sure what information Rochell is wanting. TFL have offered out of court settlement for £125 and if they want to avoid court action with criminal record, then they just need to contact TFL to accept their offer arranging to pay the £125.

 

I'm not sure this is correct, UB

 

I read it as this is a court form, not from TfL

Where the OP can plead guilty and not attend court, plead guilty and attend court, or plead not guilty and attend.

 

I think the £125 is the costs TfL will seek in court, rather than TfL accepting £125 for an "out of court settlement".

[unclebulgaria67]

.

I'm not sure this is correct, UB

 

I read it as this is a court form, not from TfL

Where the OP can plead guilty and not attend court, plead guilty and attend court, or plead not guilty and attend.

 

I think the £125 is the costs TfL will seek in court, rather than TfL accepting £125 for an "out of court settlement".

 

I was reading it, as a response from TFL, but seems they have decided to just prosecute. So yes you could be right that pleading guilty paying the £125 means a criminal conviction.

 

If this is the case, they need to contact TFL to find out whether they have refused an out of court administrative settlement, to avoid a criminal conviction.

[Old-CodJA]

I think we need complete clarification on this one please

 

Rochell, please answer the following and I'm sorry if you think you have done so before, but it is really important to be precise:

1. Does the paper you have seen say on it 'You are summonsed to attend a Court" or words to that effect. If it does it will state what Court to go to and what date and time.

 

2. Is the paper addressed to you or your husband? It will have the person's name on it.

 

3. What exactly does the allegation state?

 

 

If you can answer those three points clearly I'll come back and respond again.

 

Please do NOT assume that TfL have given an opportunity to pay a settlement unless that is EXACTLY what the letter says

[Rochell]

I'm not sure this is correct, UB

 

I read it as this is a court form, not from TfL

Where the OP can plead guilty and not attend court, plead guilty and attend court, or plead not guilty and attend.

 

I think the £125 is the costs TfL will seek in court, rather than TfL accepting £125 for an "out of court settlement".

 

Yes that's what I think it is a court notice saying it will be dealt with single justice court ... I believe £125 is the amount they r fighting for in the court n I need to respond to the court so m afraid has it already become a criminal offence

[honeybee13]

Hello again.

 

Please can you copy what the letter says verbatim so we can see what you need to respond to? Given that you don't have much time, it's important not to be guessing.

 

HB