My sister was caught using my Oyster card and few days she received a letter from London Underground asking me to make comments before their decision of prosecution. She couldn't find her Oyster card and took mine without being aware it has a photo on it in order to get to the tube station and get a new one. I was just wondering whether i should write them anything to apologize and ask for settling out of court or i just wait till the court summon comes. Thanks.
HiThank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.-Could you explain your situation a little more?
Have they specifically asked you rather than her to make representations?Or did she give a false name when she was stopped?
No. She gave her correct name address and the letter is addressed to her by name.
I see. That would be common. Usually they write to the offender asking for their comments rather than the Oyster card holder.I'm not quite clear whether you are saying this was a mistake or not? Originally you seem to be saying that she took it knowing that it belonged to you?
It was mistake. I left in on the desk near the door. You know when you get the Oyster card from the ticket office they have similar envelops. She thought it was hers and took it.
Ok. She is in a rather difficult situation.If this is TFL though they will probably rely on S17 of the Railway ByeLaws which you will find here.http://www.tfl.gov.uk/assets/downloads/TfL_Railway_Byelaws.pdfat para 17That just plain prohibits travel without a ticket and doesn't seem to include a dishonesty element so the mistake is no defence to that. If you give me 20 mins I will just trace the law that supports that as is seems odd that there is no mens rea at all.There is obviously an offence of fare evasion to which she would have a defence because this is a mistake.Either way, they can give her an internal fine on a first occasion. If they accept it was a mistake then thats most likely. If she can truthfully say it was a genuine error and make the point that it was an understandable mistake for whatever reason she has then that will be helpful. In this case it would do no harm to send a letter to that effect. Her explanation amounts to a defence to fare evasion and she would only be accepting facts that we know they can prove anyway.Obviously though, its important not to sound as though you are making excuses as that would just invite a summons. Just apologise and explain it was an error which won't be repeated etc.Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.Please rate my answer with OK SERVICE or more and then I will continue for free.
The bye laws are of strict liability unfortunately.
So, what do you propose?
Thats fine. Thats a case of saying just enough to make the point and not enough to put your head in the noose.If the bank statements do show regular top ups then that would be fine.
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Just wondering how everything is going?Do you need any more help?
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