How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

My daughter accidently used her brother's 16+ oyster card instead

Resolved Question:

My daughter accidently used her brother's 16+ oyster card instead of her own topped-up 18+ oyster card. TfL has now written to her asking for her comments. This is what happened (and her draft reply) but we are worried TfL will not believe this. Is this a "good" reply
"Thank you for your letter and giving me the opportunity to comment. I am very sorry about what happened on Tuesday 9th September 2014 on the bus. I am willing to pay any penalty fee and/or fine and would be very grateful if this could be settled out of court please.
I had my topped up 18+ oyster card and my brother’s 16+ oyster card in the same purse and I accidentally tapped the wrong side of my purse on the oyster card reader. I am really sorry I should have paid more attention. I realised my mistake when the inspector asked for my oyster card and I opened my purse to take the card out, and my brother’s card was on the side where I thought my card would be.
I had my brother’s oyster card with me because I was going to meet him in Oxford Street to give it to him so he could take the bus home. As I didn’t see him there, I just left his oyster card in my purse to give it to him at home. I am sorry, I now realise that I should not have kept them in the same purse.
I am sincerely ***** ***** everything that has happened. I know this is not acceptable and should not have happened. I promise this will not happen again."
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

How did the cards happen to get mixed up? Were they not kept separate if they belong to different people please?

Customer:

Thanks Alex, This is explained in her draft reply copied to my question. She had both cards in her purse as she was to meet her brother in Oxford Street to give his card to him. She did not see him there so she just kept the card in her purse. She had both cards in her purse, which was not clever, and she accidently tapped the wrong side of the purse on the oyster reader on her way home (on her way to oxford st she used correctly her own card). Her purse looks the same both sides. I am really worried for her, thanks for helping

Alex Watts :

Indeed, clearly this is an offence.

Alex Watts :

But it would usually be resolved with a fixed penalty fine

Alex Watts :

That means it wont go to Court and indeed the letter does say that she would accept a fine

Alex Watts :

I would also add before the letter itself 'Without Prejudice'

Alex Watts :

This means it can not be used in Court against her

Alex Watts :

But the wording on the letter appears fine

Alex Watts :

Can I clarify anything else for you today please?

Customer:

Thank you. We will add 'Without Prejudice' before the letter. You said the letter appears fine




Customer:

sorry send too quickly i am still writing

Alex Watts :

Yes

Customer:

TfL letter said that anything she writes can be used against her if it goes to court. We will add the without prejudice but does it make any difference as TfL letter states otherwise. You said letter appears fine, is there anything you would advice to change please

Alex Watts :

Not if it states without prejudiece

Alex Watts :

But I would say that any offer is in fill and final settlement

Alex Watts :

She just needs to add that there was no dishonesty as it was a mistake

Alex Watts :

This takes away any part of the offence

Alex Watts :

Does this help?

Customer:

thank you, ***** ***** in the letter you would add any offer is in full and final settlement. Do you think tfl will believe her and just not think she is lying, as have seen on many websites that people do not seem to believe even when it is genuine mistake

Alex Watts :

Its hard to say, but they are likely to issue a fine, rather than take to Court based on what you have said.

Alex Watts :

Can I clarify anything else for you?

Customer:

where would you put the any offer is in full and final settlement? Would be off if 19 year old writes that in her reply letter

Customer:

I meant to write ODD if 19 year old..

Alex Watts :

I would put it at the end.,

Alex Watts :

Start without prejudice dont forget

Alex Watts :

Does this help?

Customer:

thank you yes, unless you can give me any other advise as i am really worried

Alex Watts :

Don't worry they are likely to accept out of Court settlement such as a fine

Alex Watts :

There is a genuine non dishonest explanation

Alex Watts :

Can I clarify anything else for you?

Customer:

thank you for your help. no, that's all unless you have any other advise. i will add all the things you mentioned

Alex Watts :

No, that's it - the letter is very good.

Alex Watts :

Is there anything else I can help with today?

Customer:

Thank you for your help. No, that is all now.

Alex Watts :

Great. If I could invite you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Ash and 3 other Law Specialists are ready to help you