Stopped for Fare Evasion | Now What? | Free Discovery Call

Stopped for Fare Evasion | Now What? | Free Discovery Call

Fare evasion refers to the act of using public transportation services without paying the correct fare. This can occur either through deliberate actions, such as not purchasing a ticket, or by mistake, such as using an invalid or expired pass. In the UK, fare evasion is treated seriously, particularly by Transport for London (TFL) and other transport authorities, which have the power to impose penalties and even prosecute offenders.

Stopped for Fare Evasion | Now What?

A conviction for fare evasion can have long-lasting effects, including financial penalties, criminal records, and reputational harm. Therefore, it is essential to understand your rights, the potential defences available, and how to respond if you are accused of fare evasion.

Types of Fare Evasion

Fare evasion can occur in various ways, including:

1. Travelling Without a Ticket:
   • Occurs when a person boards a bus, train, or tube without having purchased a valid ticket beforehand.
   • Example: Boarding a train without paying for a ticket or touching in on an Oyster card or contactless payment device.
2. Using Another Person’s Ticket or Pass:
   • Occurs when an individual uses a concessionary pass (such as a Freedom Pass) or any travel card they are not entitled to use.
   • Example: Using a senior citizen’s Freedom Pass or a child’s Oyster card, even when you do not qualify for these discounts.
3. Underpayment of Fare:
   • Happens when a person purchases a ticket for a shorter journey than the one they actually take, or when a discounted ticket is used fraudulently.
   • Example: Buying a ticket for Zone 1-2 when your journey ends in Zone 4.
4. Failure to Produce a Valid Ticket:
   • Occurs when a passenger cannot show a valid ticket, pass, or proof of payment when requested by a ticket inspector or transport official.
   • Example: Forgetting to tap in with an Oyster card, not having a paper ticket, or failing to tap out at the end of the journey.

Laws Governing Fare Evasion

Fare evasion can be prosecuted under different legal provisions, depending on the nature of the offence. The two primary legal frameworks are:

1. Regulation of Railways Act 1889 (Section 5(3))

• Overview: This section of the law is used to prosecute passengers who deliberately avoid paying the fare. It specifically targets those who have the intent to evade payment.
• Prosecution Requirements: To secure a conviction under this Act, the prosecution must prove that the passenger intentionally avoided paying for their journey. This requires evidence that the passenger knew they did not have a valid ticket and deliberately sought to evade paying.
• Penalties: If convicted under this Act, the court can impose a fine of up to £1,000, along with additional costs such as:
  • Prosecution Costs: The costs incurred by the transport authority in bringing the case.
  • Victim Surcharge: A fee that is applied in criminal cases as part of the fine.
  • Compensation: Reimbursement for the unpaid fare.

A conviction under the Regulation of Railways Act 1889 is considered a criminal offence and may result in a record that appears on your DBS (Disclosure and Barring Service) certificate.

2. Transport for London Railway Byelaws (Byelaw 17)

• Overview: Byelaw 17 focuses on passengers’ responsibility to hold and produce a valid ticket when travelling on the transport network. Unlike the Regulation of Railways Act, Byelaw 17 is a strict liability offence, meaning the prosecution does not need to prove intent to evade payment. Simply travelling without a valid ticket is sufficient for conviction.
• Prosecution Requirements: The prosecution only needs to show that the passenger failed to produce a valid ticket when asked by a ticket inspector.
• Penalties: Passengers convicted under Byelaw 17 typically face a fine. The exact amount can vary, but it is generally less severe than the penalties imposed under the Regulation of Railways Act.

A conviction under Byelaw 17 may still appear on a DBS check, depending on the seriousness of the offence and whether it forms part of a broader pattern of criminal behaviour.

Consequences of Fare Evasion

Fare evasion, whether prosecuted under the Regulation of Railways Act or the TFL Byelaws, can have serious consequences. These include:

1. Financial Penalties

• Penalty Fare Notices: For minor infractions, transport authorities may issue a Penalty Fare Notice, which is a civil penalty rather than a criminal offence. The standard penalty fare is £80, but it may be reduced to £40 if paid within 21 days.
• Criminal Prosecution: For more serious or repeated offences, the matter may proceed to court. A conviction can lead to fines of up to £1,000, as well as additional court fees and surcharges.
• Compensation: You may be ordered to pay the fare that was avoided, in addition to any fines imposed by the court.

2. Criminal Record

A conviction for fare evasion can result in a criminal record, which could appear on your DBS certificate. This can have far-reaching effects on your employment prospects, especially in sectors that require background checks, such as education, healthcare, and finance. Even a minor conviction can impact your ability to secure a job, apply for certain licences, or travel to certain countries.

3. Reputational Damage

Being convicted of fare evasion can damage your personal and professional reputation, especially in professions that require high ethical standards. Even if the offence is minor, it can lead to embarrassment and difficulties in both your career and social life.

4. Visa and Travel Restrictions

Some countries, such as the USA, Canada, and Australia, have strict entry requirements and may refuse visas to individuals with a criminal record. A fare evasion conviction, particularly if it is prosecuted as a criminal offence, could affect your ability to travel internationally for work or leisure.

Potential Defences to Fare Evasion

Depending on the circumstances, you may have a valid defence against a fare evasion charge. Some common defences include:

1. Lack of Intent (for Section 5(3) Charges):
   • If you can demonstrate that you did not intend to avoid paying the fare, this could be a strong defence.
   • Example: You mistakenly used a family member’s Freedom Pass, genuinely believing it was your own Oyster card. This shows a lack of intent to deceive.
2. Failure of the Ticketing System:
   • If there was a problem with the ticket machine or payment system that prevented you from purchasing a valid ticket, this could serve as a defence.
   • Example: A ticket machine malfunctioned, or an Oyster card reader failed to register your tap-in or tap-out.
3. Medical or Personal Emergency:
   • If you were unable to purchase a valid ticket or failed to present a ticket due to a personal or medical emergency, you may be able to argue that the situation was beyond your control.
   • Example: A sudden medical emergency or cognitive impairment that caused you to forget to buy a ticket or present it to an inspector.
4. Inspector’s Failure to Follow Proper Procedures:
   • If the inspector failed to follow correct procedures, such as not issuing a proper warning or not documenting the case correctly, this procedural error could be used to challenge the fare evasion charge.

How Fare Evasion Cases Are Handled

If you are accused of fare evasion, the matter may be handled in one of the following ways:

1. Penalty Fare Notice

• For minor offences, transport authorities often issue a Penalty Fare Notice. This civil penalty typically does not result in a criminal record.
• You will be required to pay a fine, usually £80, reduced to £40 if paid within 21 days.
• If the penalty fare is not paid within the specified time frame, the case may escalate to court, where additional fines and costs could be imposed.

2. Out-of-Court Settlement

• In some cases, particularly where the offence is less severe or the passenger has no prior offences, an out-of-court settlement may be offered.
• This involves paying the fare that was avoided along with an administrative fee (usually between £100-£150).
• The benefit of an out-of-court settlement is that it avoids prosecution and a criminal record.

3. Criminal Prosecution

• For serious or repeat offences, transport authorities may proceed to criminal prosecution. If convicted, the court may impose fines of up to £1,000, along with other costs.
• A criminal conviction could result in a criminal record, which can have lasting implications for your future.

4. Pleading Guilty Early

• If you believe the evidence against you is strong, you may decide to plead guilty at the earliest opportunity. Courts typically reduce the sentence by one-third for early guilty pleas.
• Early admission of guilt can reduce the fine and potentially minimise the overall impact on your record.

5. Defending the Charge in Court

• If you believe you have a strong defence (e.g., lack of intent, ticket machine failure), you can contest the fare evasion charge in court.
• A successful defence could lead to the dismissal of the case or a reduced penalty.

Steps to Take if Accused of Fare Evasion

1. Respond Promptly:
   • If you receive a Penalty Fare Notice or a letter from TFL, respond within the time frame given to avoid further escalation.
   • Ignoring the notice can result in additional penalties and court proceedings.
2. Seek Legal Advice:
   • If you are unsure of your legal position, or if you believe you have a defence, consult a fare evasion solicitor who can guide you through the legal process.
   • A solicitor can help negotiate an out-of-court settlement or represent you in court.
3. Consider Negotiating an Out-of-Court Settlement:
   • If offered, an out-of-court settlement can resolve the matter efficiently without the need for a court hearing or a criminal record.
4. Prepare for Court if Necessary:
   • If the matter proceeds to court, gather any evidence that may support your defence, such as medical records, witness statements, or proof of ticket purchase attempts.

Conclusion

Fare evasion, whether intentional or accidental, can result in significant legal and financial consequences. The penalties range from fines to potential criminal records that can impact various aspects of your life, including employment, travel, and personal reputation.

If you are accused of fare evasion, it is crucial to understand your rights, the defences available to you, and the options for resolving the matter. Seeking legal advice early on can help you navigate the process and achieve the best possible outcome, whether through an out-of-court settlement or defending your case in court.

If you have been accused of fare evasion and need assistance, we recommend contacting us to discuss your case in detail and explore the most appropriate course of action.

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