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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64690
Experience:  Over 5 years in practice.
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I have been got by an inspector today on bus, because I used

Customer Question

I have been got by an inspector today on bus, because I used my friends student-oyster card. I didn't confess the truth when I was got caught and I insisted that I was the owner of the card. The inspector seemed not trust me and took the oyster card. I left my friend's address when the inspector asked me to leave an address. I want to know how they will deal with my situation. Should I wait for their mail or confess right now? I feel so regretful to do this. Thank you so much:)
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

Why did you use his card?
Expert:  Jo C. replied 1 year ago.
And did he know?

Was it a mistake?
Customer: replied 1 year ago.

yes, she knew it. Should we confess asap?

Customer: replied 1 year ago.

hi, Jo, are you still there?

Expert:  Jo C. replied 1 year ago.
Yes, I just lost my connection. I'm back in now.

i just need 10 mins to type out an answer if thats OK?
Customer: replied 1 year ago.

okay, thank you:)

Expert:  Jo C. replied 1 year ago.
I'm not a fan overall of making confessions. My own practice is that you never make confessions unless its in your interests to do so.

However, in this instance I think you may as well. They will ultimately find out and anyway there is no way this can be maintained that I can see without behaving unethically.

At least if you confess they may look upon your case leniently as they would not if they found out that this was a deception.

Overall, I wouldn't write them to confessing now. It might all disappear into nothing but if they do make contact with you or her then you must confess at that time.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64690
Experience: Over 5 years in practice.
Jo C. and other UK Traffic Law Specialists are ready to help you
Customer: replied 1 year ago.

thx, can I contact you when I got the mail from them?

Expert:  Jo C. replied 1 year ago.
Yes no problem. The question won't close from your side.
Customer: replied 1 year ago.

Hello Jo,


 


My friend received a letter today. It says that "if you have any comments to make about this incident, please write them on the reverse side of this letter." it also says " you do not have to reply to this letter but it may harm your defence if you do not mention something which you may later rely on in court. Anything that you provide in writing may be used in evidence"


 


And I don't know how to respond to it?


Since I insisted I was her and gave her address the day I was caught up.


I have searched online, it seems that the letter they send to "me" is a version they normally sent to the offender, not the card owner.


I'm not sure whether I should tell the truth since I have searched online people in similar situation as me and they were brought to court and prosecuted. And I think the police can easily get to me since as a foreign student here, we were required to register in the police office and they definitely have my images on the cctv.


 


I was so worried. Could you make some suggestion about the correct action for me to take and to respond to this letter.


 


Thank you so much.

Customer: replied 1 year ago.

Hi Jo,


 


Are you there?

Expert:  Jo C. replied 1 year ago.
Yes I am now. I was off earlier.

What would you like to know about this?
Customer: replied 1 year ago.

Now my friend received a letter today. It says that


"If you have any comments to make about this incident, please write them on the reverse side of this letter.


Should your pass have been withdrawn because you were unable to produce a valid photocard to accompany it, please enclose a photocopy of that photocard with your reply.


If you had been unable to produce a pass because you did not have it with you, please enclose a photocopy of that pass with your reply. In the case of an Oyster card, please include the full serial number in your reply."


it also says


" you do not have to reply to this letter but it may harm your defence if you do not mention something which you may later rely on in court. Anything that you provide in writing may be used in evidence"


And I don't know how to respond to it. Since I insisted I was her and gave her address the day I was caught up, I have searched online, it seems that the letter they send to "me" is a version they normally sent to the offender, not the card owner.


As for the information from website from people in similar situation as me, they were not given them a chance to pay fines to stay out of the court and were brought to court and prosecuted not only for the fare evasion but more importantly for identity fraud.


I was so scared and worried. Could you make some suggestion about the correct action for me to take and to respond to this letter. And would it possible for you to tell me how they will deal with my situation?

Expert:  Jo C. replied 1 year ago.
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Customer: replied 1 year ago.

Sorry, I'm a little bit confused about internal fine and a charge and out of court settlement.


 


And another case I have found that even they agree on out of court settlement, I will still got a criminal record. And this is the worst situation I definitely want to avoid and make a sound decision now.

Expert:  Jo C. replied 1 year ago.
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Customer: replied 1 year ago.

May I ask what is the difference between enhanced checked crb and crb?


And I thought they were kept that information for 5 years?

Expert:  Jo C. replied 1 year ago.
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Customer: replied 1 year ago.

I speak to a lawer today. He suggest that I should not involved in the response of my friend to TFL cause we are not supposed to response together.


And another thing is that given my case, the letter is sending to my friend not me right now, I should wait to see what happens next and explain to them when they come to me. I'm a little bit worried this would deprive me the only chance to make apology to them and get police involved.


They can easily find me since we are living on the same address, and I used my bank card to pay the monthly ticket for that card, as well as the cctv.


What's your advice on the wait strategy?

Expert:  Jo C. replied 1 year ago.
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Customer: replied 1 year ago.

To be clarity, are you saying that they would not contact me but I have to write to them now since I am bounded within the time limits for the letter they send to my friend?

Expert:  Jo C. replied 1 year ago.
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Customer: replied 1 year ago.

But my friend tell me that she want to respond to them she lost her card and don't know what happened.


That would make me get into more trouble.


I have suggest earlier to tell the truth.


I'm so desperate.


 

Expert:  Jo C. replied 1 year ago.
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Customer: replied 1 year ago.

So the only thing for me to do is to wait until they get in touch with me and respond to them telling the truth?

Expert:  Jo C. replied 1 year ago.
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Customer: replied 1 year ago.

I see your point, but I have found two cases in which a women was chased given a wrong name and address, and another student who just returned back to his country in India.



Is it okay for me to contact you with the progess of my case?


And a further question am I allowed to talk with her about her decision and any further information she give to TFL?

Expert:  Jo C. replied 1 year ago.
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