Caught using brother student oyster card-SOMEBODY HELP!

[shaharyar]

Before I narrate the incident

I'd like to declare that I have realized my mistake and I'm really ashamed of whatever I have done.

So please provide provide honest and truthful information.

 

I was scheduled to have an interview for a job.

I was running late and was wearing my brother's trousers as this is my first job interview (I do not have formal clothes).

 

as soon as I entered the rail station I checked my pockets and couldn't find my oyster and thought I had left my oyster card at home.

However, my brother's oyster was in the trouser and just so that I make it on time for my first interview, I decided to use his and

 

as soon as I touched the oyster (for tfl london underground tube) one of the staff member called and said show me your card.

I remained calm and showed him

 

upon seeing his picture he knew it wasn't mine so he took all the details and asked me why have I got his card and not mine

I said I was in a rush and by mistake I took his card.

 

He was very adamant and very strict so he asked me to write my name and sign a piece of blank paper.

He noted all the details such as house address, my appearance as well:|.

He said we'll investigate further and check where it has been used to cross check

which is completely fine because this is the first time I actually used his oyster and got caught straightaway

 

He did mention that I was using my brother oyster to avoid fare and I said no.

 

I left and walked out of the station,

while on my way back I randomly opened my bag to see if I had kept my oyster in there.

Surprisingly enough it was in my bag.

 

By the time I got back to the station, the inspector was gone and since I was getting late for my interview I did not decide to do anything.

 

What I want to know is that what are the consequences of this??

I know it is my mistake and because of my carelessness I could get into serious trouble.

I have been looking online and it says that for some cases, a person can be fined upto a £1000 and a criminal record:sad:

I am in so much stress because it is a matter of education and employment-it could be over due to this wrong decision I made.

 

A criminal record is the last I need because I am in 2nd year of my university doing a health-science course (NHS) and can affect my studies.

 

What is the possible outcome?

the inspector did not give me any paper or form.

 

I'm 19 and it is my first offence.

How long do they take to get back to you?

Will I just be fined or will I have to go court?

Anything that I can to prevent them taking this case to a courrt?

 

Any help will be much appreciated

[honeybee13]

Hello and welcome to CAG.

 

I've moved your thread and left you a link to follow, people should be along later with advice for you.

 

My best, HB

[dx100uk]

whoa...slow down

stop panicking.

 

you MIGHT receive a letter

in that letter it will ask for you side of events.

 

when you do

comeback here

1st offence a genuine mistake

grovelling letter should sort it out of court without a record

but will cost you sadly

 

lots of other threads in this forum to read.

 

don't do anything without coming back here

IF you do get a letter.

 

dx

[honeybee13]

Hello again.

 

Your brother's card that you used, was it a special type of Oyster card please? Like a child card or for someone on benefits? I ask because you say it had a photo with it.

 

HB

[shaharyar]

whoa...slow down

stop panicking.

 

you MIGHT receive a letter

in that letter it will ask for you side of events.

 

when you do

comeback here

1st offence a genuine mistake

grovelling letter should sort it out of court without a record

but will cost you sadly

 

lots of other threads in this forum to read.

 

don't do anything without coming back here

IF you do get a letter

 

dx

 

Thank you for your reply. Once recieved letter, I will summarise what it states on here. Can you send me link to similar.

Sorry what do you mean by "coast you sadly"?

 

Hello again.

 

Your brother's card that you used, was it a special type of Oyster card please? Like a child card or for someone on benefits? I ask because you say it had a photo with it.

 

HB

 

Yes it is a 18+ student card with his picture on it. We are both studying at university.

[dx100uk]

Cost you sadly

 

I mean

 

Use the search CAG box of the red top toolbar

 

Student oyster card

[shaharyar]

Thank you. Sorry to ask you so many questions, when you say cost are you referring to money?

[WarrenBuffet]

Yes!

[shaharyar]

I don't mind paying for it.

Even if it is a lot of money as long as it doesn't go to court because I do not want a criminal record:-(.

 

Can you get a criminal record for this?

[honeybee13]

Hello there. I'll try to write more when I get home, but yes, if they use the laws against you, there would be a conviction.

 

The best thing when they write is to be honest and try to negotiate an out of court settlement.

 

We'll help you through this, you need to wait for their letter first.

 

HB

[BazzaS]

Yes it is a 18+ student card with his picture on it. We are both studying at university.

 

Is your Oyster card also a 18+ student card?

 

If you had used your Oyster instead of his : would you have paid the same fare, just off a different card (albeit one that you were entitled to use rather the one you weren't supposed to be using)?

[shaharyar]

Oh god! What are the chances they'll take this matter to court?

 

 

I did speak to a different tfl staff member and he said it could take months for them to get back to you

 

If proven guilty will it show on a record?

[BazzaS]

It is usual they write to you and that takes up to six weeks.

IF (and it is a big IF) they decide to prosecute they may "lay the information in front of the court" within six months.

 

But, that is a way off.

 

 

For now, focus on if you have committed an offence (and if so which one : see my recent post on if your Oyster & your brother's are both 18+ student ones),

and then on how to persuade TfL not to prosecute.

Panicking won't help.

 

Providing relevant facts and working out your best way forward will help.

[dx100uk]

stop ringing them!!

 

wait for the letter IF one comes!!

 

dx

[shaharyar]

It is usual they write to you and that takes up to six weeks.

IF (and it is a big IF) they decide to prosecute they may "lay the information in front of the court" within six months.

 

But, that is a way off. For now, focus on if you have committed an offence (and if so which one : see my recent post on if your Oyster & your brother's are both 18+ student ones), and then on how to persuade TfL not to prosecute.

Panicking won't help.

 

Providing relevant facts and working out your best way forward will help.

 

Thanks for your support. I'll try to not to stress and not panick. I've not committed any offence before thus this would be my first one just because of my stupidity of not checking the oyster card properly

 

stop ringing them!!

 

wait for the letter IF one comes!!

 

dx

 

I didn't ring them, just spoke to one at station.

 

 

Just out of curiosity,

should i ring IRCAS and just ask the consequences

(my mind is stuck on this and won't be able to anything properly until i find out the actions they could take).

[honeybee13]

Could you answer Bazza's question in post #11 please?

 

HB

[king12345]

How old are you?

Home office guidelines discourage prosecution for minor offences to first offenders under 21.

Doesn't mean that they can't prosecute, but if you respond to their letter (if you get one) with a grovelling apology and give them your oyster number, they'll be able to check that you have a similar looking card and could have been mistaken.

Btw, I suppose your brother has a season ticket on the card and you don't, otherwise this would take you off the rra 1889 at least.

[shaharyar]

Could you answer Bazza's question in post #11 please?

 

HB

 

Actually i just have a normal payg oyster not a student. I had applied for a student few months ago but still haven't got it and I had totally forgotten about it.

[shaharyar]

How old are you?

Home office guidelines discourage prosecution for minor offences to first offenders under 21.

Doesn't mean that they can't prosecute, but if you respond to their letter (if you get one) with a grovelling apology and give them your oyster number, they'll be able to check that you have a similar looking card and could have been mistaken.

Btw, I suppose your brother has a season ticket on the card and you don't, otherwise this would take you off the rra 1889 at least.

 

I am 19 yrs old. I am actually using a normal payg oyster card where i top up weekly. Although I have applied for an oyster but haven't got a clue- what happened with my application.

He just has a 18+ card-discount price for fares. What do you mean by "otherwise this would take you off the rra 1889 at least"?

[BazzaS]

I am 19 yrs old. I am actually using a normal payg oyster card where i top up weekly. Although I have applied for an oyster but haven't got a clue- what happened with my application.

He just has a 18+ card-discount price for fares. What do you mean by "otherwise this would take you off the rra 1889 at least"?

 

 

Had you both had student 18+ oysters, and both been using them "pay as you go", the fare would have been the same for both Oysters.

Thus you could have argued that you never intended to avoid your fare (since both would have been deducted the same fare). "RRA 1889" is the Regulation of Railways Act 1889, where Section 5(3) deals with travelling without previously having paid the fare, with intent to avoid the fare.

This is one of 2 possible offences TfL often consider for ticketless travel, the other being railway / TfL Bylaw 18.

 

It may (thus) look to TfL more likely you were trying to pay a cheaper fare by using your brother's card (than if you'd both had student 18+ oysters, and been using them PAYG, where it would have been easier to argue that it was just an error and TfL wouldn't have been at risk of losing money).

[shaharyar]

Had you both had student 18+ oysters, and both been using them "pay as you go", the fare would have been the same for both Oysters.

Thus you could have argued that you never intended to avoid your fare (since both would have been deducted the same fare). "RRA 1889" is the Regulation of Railways Act 1889, where Section 5(3) deals with travelling without previously having paid the fare, with intent to avoid the fare.

This is one of 2 possible offences TfL often consider for ticketless travel, the other being railway / TfL Bylaw 18.

 

It may (thus) look to TfL more likely you were trying to pay a cheaper fare by using your brother's card (than if you'd both had student 18+ oysters, and been using them PAYG, where it would have been easier to argue that it was just an error and TfL wouldn't have been at risk of losing money).

 

No, only he has a 18+ oyester. I use an adult one since I haven't got my student oyster meaning I pay more and I think that's what the ticket inspector had in mind that i was trying to avoid fare.

Yes I know but it was an accident, I never meant to do it...

What are the actions they're most likely to take? and what can happen in worst case scenario?

[BazzaS]

What are the actions they're most likely to take? and what can happen in worst case scenario?

 

Most likely, they'll write to you, asking for your explanation of events.

 

Worst case scenario is if you don't tell the truth when you write back, as then they'll likely prosecute. This can happen if people try to "put a spin" on events, and end up describing something TfL know is unlikely .... so don't be tempted to embellish the truth!

[king12345]

I am 19 yrs old. I am actually using a normal payg oyster card where i top up weekly. Although I have applied for an oyster but haven't got a clue- what happened with my application.

He just has a 18+ card-discount price for fares. What do you mean by "otherwise this would take you off the rra 1889 at least"?

 

Looking at TfL fares, if your brother's card did not have a weekly, monthly ticket but just pay as you go, the fare is the same as adult oyster.

So, if you we're using pay as you go on your brother's oyster, you haven't evaded your fare: Pay as you go is transferable.

Did your brother's oyster have a weekly or monthly pass?

[king12345]

https://tfl.gov.uk/fares-and-payments/adult-discounts-and-concessions/18-student?intcmp=1768

 

Yes, pay as you go fares on 18+ are same as adult fares.

[BazzaS]

Looking at TfL fares, if your brother's card did not have a weekly, monthly ticket but just pay as you go, the fare is the same as adult oyster.

So, if you we're using pay as you go on your brother's oyster, you haven't evaded your fare: Pay as you go is transferable.

Did your brother's oyster have a weekly or monthly pass?

 

There can be a difference in payg fare : there is also a discount to some Payg fares if the 18+ Student Oyster has had a 16-25 (year old's) Railcard applied to it.