There are potentially serious implications to a prosecution for fare evasion or TFL oyster card offences. Railway and train companies are increasingly seeking to crack down on fare evasion, and we are seeing large number of people being prosecuted in the courts for what appear to be very minor infractions.
Fare evasion is punished in court by a fine of up to £1,000. However, the imposition of a criminal conviction often carries far more serious consequences and could lead to the loss of your job.
A genuine mistake or misunderstanding can still result in these consequences. However, the Prosecutions Units are typically more concerned with deliberate Fare Evasion, such as buying tickets which do not cover the whole journey or travelling on expired Railcards. In the case of TfL, they tend to prosecute the misuse of ‘high value’ travel cards (Freedom Passes, Zip Cards and weekly or monthly passes).
It is extremely important to know that, with the right approach, a criminal conviction can be avoided. This is what we seek to achieve on your behalf, by settling the matter out of court.
We can step in on your behalf to seek to prevent a criminal prosecution at any stage prior to a court hearing date. However, we recommend that this is done as early as possible in the proceedings to maximise your chance of success.
Reeds’ Fare Evasion Solicitors can provide advice and services throughout England and Wales. If meeting in person isn’t possible, we can offer remote consultations through Zoom, Teams, Skype and WhatsApp. We can also often offer appointments outside normal office hours.
Obtaining legal advice at an early stage is crucial. If you would like to discuss any aspect of your case, please email us at fareevasion@reeds.co.uk or contact us here. Alternatively, you can phone 0333 240 7373
Recent Case Studies
D was travelling home on a ticket which did not cover the full journey. There were no barriers at his destination station, so the Ticket Inspector was immediately suspicious of the explanation given that it was a simple mistake. D had written to Transport Investigations Limited (acting as agents for Transport for Wales) to ask them not to prosecute but they responded that they were pressing ahead with the court case, which was only one week away by the time that Reeds were instructed. We submitted representations and the matter was settled out of court.
E was a medical student, who used his sibling’s 11-16 Zip Card to travel on the London Underground with a 50% discount. TFL wrote to him to verify his details, which would normally lead to a prosecution. Reeds were instructed to write representations to avoid a criminal conviction. We submitted a detailed letter with more than 10 accompanying documents and TFL agreed to issue a Warning Letter instead of a prosecution.
B was travelling by train over an 8-month period, purchasing ‘short tickets’ as well as reusing tickets multiple times. The train company noticed this suspicious pattern and wrote to him, inviting him for a voluntary interview under caution. Reeds Solicitors intervened on his behalf, cancelling the interview process and instead submitting representations. The matter was settled out of court.
F was caught using a ticket, which was invalidated because she had misapplied a railcard discount. She was told to expect to receive a letter from the train company and was extremely concerned about how a prosecution might impact her career in finance. She immediately instructed Reeds Solicitors to contact the train company proactively, which prevented any threatening letter being sent out to her. The matter was discretely settled out of court.
I would recommend them anytime. I was referred to Reeds by a friend and did not regret
contacting them.
Zoe and the team were friendly, reassuring and knowledgeable of all outcomes. I would recommend them anytime.
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27/11/2023
Exactly what a lawyer should be Zoe was flawless with my case from start to finish. She was well prepared, extremely familiar with the facts, and answered every question I had quickly and clearly. When I felt unsure, she reassured me quickly and made me feel calm and confident. I cannot recommend her work more highly - exactly what a lawyer should be.
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E.W.
13/10/2023
Transport Investigations Limited Matter - Great professional firm Very happy to have found this firm online. After reading the reviews and testimonials, I knew that Nathan Seymour-Hyde would be able to help me out - he did not disappoint. Turned around the whole situation in less than a week. Would highly recommend.
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S
20/02/2023
TFL matter - Expert Guidance From Nathan Many thanks to Nathan who expertly and professionally guided my son through the process of collecting essential mitigating evidence that he would not have been aware of. And of course, for presenting the evidence in a professional letter to TFL that resulted in his case being dropped. First class service.
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Graham
20/02/2023
Govia Thameslink matter Nathan is super helpful and solve my case within a week. Very professional and know what he need to do then give me the best advice. Very delightful experience highly recommend.
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Lucy
25/01/2023
TFL matter - Highly Recommend Nathan I received the help from Nathan Seymour-Hyde. He helped me regarding a fare evasion accusation. From start to finish, I had huge support from Nathan, he was very professional and sympathetic. Thanks to his work my case had a successful outcome.
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Maggie
20/01/2023
TFL 60+ matter I felt that from the very start that Nathan understood what I was going through. I had a requisition to attend court in 4 weeks and my mitigating circumstances for an OOC settlement vs TFL had already been rejected. Needless to say I had a very low chance of success at this point and had given up all hope. I approached Nathan and we went through numerous drafts, submitting more than 10 supporting documents. We were successfully able to settle out of court with TFL within a week of submission. I could not recommend Nathan enough, he is the best for fare evasion cases re TFL.
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F.N.
20/11/2022
Southeastern Trains Because I tried to avoid paying for the train fee and I was caught, the railway company opened a prosecution case on my name. My solicitor listened to my case, provided detailed information about what could be done, helped in structuring correctly the needed letters, and completing the other necessary procedures. Fortunately, my prosecution case was settled out of court, and I just had to pay a fine to the rail company, of around £350. This case had a successful ending only because of my solicitor, Mr. Nathan, who I am so thankful to.
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D.P.
09/11/2022
Transport Investigations Limited Above and beyond! Nathan Seymour-Hyde helped me with what was a somewhat unusual case - securing a much needed out of court settlement. I felt well informed throughout the whole process and it’s clear that Nathan’s expertise was the reason for the end result. I was well supported throughout the process with all my questions answered quickly and professionally. It’s clear Nathan cared about my case and I would 100% recommend this firm to anyone having similar issues.
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M.A.
10/10/2022
Southeastern Trains Nathan Seymour-Hyde was extremely professional and responsive in dealing with my train fare evasion matter. He displayed sound knowledge of how such matters are viewed by train companies and tailored an approach bespoke to my case to give the best chance for a successful outcome. Nathan showed an attention to detail in establishing the facts and was sympathetic to my circumstances. Nathan is personable, diligent and I felt reassured my matter was in safe hands. I am grateful for Nathan's service and I would highly recommend him to anyone seeking a solicitor.
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T.A.
20/09/2022
Northern Rail Nathan's advice was extremely valuable, and I am very glad I decided to get in touch with him for help. Northern Rail confirmed that they are offering me the opportunity of paying a fine with no criminal conviction. I'm extremely happy with this outcome - I was so distressed thinking about everything.
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M.A.
12/09/2022
TFL 18+ zip card Dear Nathan Seymour Hyde, thank you so much for representing me on my fare evasion case. I have managed to avoid a prosecution and get off with a warning, and it is all thanks to you that I can carry on with my future plans, unhindered by a criminal conviction. I am very grateful for all the hard work you've done.
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A.U.
10/09/2022
Transport Investigations Ltd Nathan helped us with a fare evasion case against our student son. It was a very anxious time for us as a family. Nathan responded quickly to our out of hours request and professionally and courteously explained the potential consequences, outcomes and next step actions. He spoke kindly to our son and listened patiently, gathering the necessary details to assist our response, which was required within tight deadlines. Nathan called at times to suit us and worked in the background with Transport Investigation Ltd to better understand the issues and to prepare our best defence. The letter and evidence drawn up and presented was successful in withdrawing a court appearance and avoiding a criminal record. Nathan’s expertise in this area was evident throughout and I would not hesitate to recommend Nathan for matters relating to fare evasion.
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S.A.
20/08/2022
Govia Thameslink I received a Notice of Intention to Prosecute from a train company saying that I would not only be fined but likely prosecuted for an invalidated ticket. Nathan at Reeds responded to me within hours of me contacting Reeds for help. He arranged a meeting for the next business day, we spoke at length not only about the incident but about my background, and within 24 hours he had resolved the issue with the rail company. I was impressed by Nathan’s communication, his efficiency and how quickly he conducted and concluded the matter. After this experience I would say that Reeds Solicitors do exactly what they promise they would.
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13/08/2022
Fare evasion - TFL matter From the moment I received a letter telling me that I was going to be prosecuted, my heart dropped. I didn't know what to do with myself. My heart was pounding non-stop. I didn't want to get convicted because of one silly mistake. So I went online, searching for help and I came across Reeds Solicitors LLP. They completely saved me. They put me in touch with Nathan Michael Seymour-Hyde and he was brilliant right from the start. Nathan was very knowledgeable, he knew exactly what he was talking about. He dealt with my case professionally and he was a pleasure to talk to. Nathan wrote to TFL on my behalf and they dropped my case thanks to his clear and polished email. Once again Nathan if you're reading this I want to thank you from the bottom of my heart! Thank you so much! I am extremely grateful for everything you done for me. Thank you for taking my case and helping me out.
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Ismail
13/12/1901
TFL Court Case Nathan was really helpful in advising me and committed to helping me out of this case, spending long hours perfecting my draft and was always approachable when I had concerns.
‘A truly outstanding and empathetic expert with a winning mentality!
'When we first engaged with Nathan Seymour-Hyde on the video call we immediately knew we had made the right call to maximise our chances of success with our TFL case. He was a great listener, had real empathy for the challenge we were facing and, most importantly, his in-depth knowledge and considerable experience in this field enabled him to construct the best possible case , which needless to say, went on to secure the best possible outcome. We would recommend Nathan wholeheartedly!’
TFL matter / June 2024 / Reviewsolicitors.co.uk
‘A truly outstanding and empathetic expert with a winning mentality!
'When we first engaged with Nathan Seymour-Hyde on the video call we immediately knew we had made the right call to maximise our chances of success with our TFL case. He was a great listener, had real empathy for the challenge we were facing and, most importantly, his in-depth knowledge and considerable experience in this field enabled him to construct the best possible case , which needless to say, went on to secure the best possible outcome. We would recommend Nathan wholeheartedly!’
TFL matter / June 2024 / Reviewsolicitors.co.uk
‘A truly outstanding and empathetic expert with a winning mentality!
'When we first engaged with Nathan Seymour-Hyde on the video call we immediately knew we had made the right call to maximise our chances of success with our TFL case. He was a great listener, had real empathy for the challenge we were facing and, most importantly, his in-depth knowledge and considerable experience in this field enabled him to construct the best possible case , which needless to say, went on to secure the best possible outcome. We would recommend Nathan wholeheartedly!’
TFL matter / June 2024 / Reviewsolicitors.co.uk
‘A truly outstanding and empathetic expert with a winning mentality!
'When we first engaged with Nathan Seymour-Hyde on the video call we immediately knew we had made the right call to maximise our chances of success with our TFL case. He was a great listener, had real empathy for the challenge we were facing and, most importantly, his in-depth knowledge and considerable experience in this field enabled him to construct the best possible case , which needless to say, went on to secure the best possible outcome. We would recommend Nathan wholeheartedly!’
TFL matter / June 2024 / Reviewsolicitors.co.uk
‘A truly outstanding and empathetic expert with a winning mentality!
'When we first engaged with Nathan Seymour-Hyde on the video call we immediately knew we had made the right call to maximise our chances of success with our TFL case. He was a great listener, had real empathy for the challenge we were facing and, most importantly, his in-depth knowledge and considerable experience in this field enabled him to construct the best possible case , which needless to say, went on to secure the best possible outcome. We would recommend Nathan wholeheartedly!’
TFL matter / June 2024 / Reviewsolicitors.co.uk
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FAQ
If you are unable to show a valid ticket for all or part of your journey to a ticket or revenue inspector you may be accused of fare evasion. Fare or ticket evasion is travelling on public transport without paying the correct fare, whether deliberately or inadvertently. This is sometimes referred to as ‘fare dodging’ or by the method used, such as ‘turnstile jumping’ or ‘tailgating’.
Fare evasion is prosecuted in one of two ways:
s.5(3) of the Regulation of Railways Act 1889 – intentionally travelling on the Railway without having paid the fare.
Companies such as Chiltern Railways, Cross Country & Transport for Wales (using Transport Investigation Limited as their agent) and Southeastern usually prosecute under this offence.
Railway Bye Law 18(1) & 17(1)- Entering a train for the purpose of travel without a valid ticket. This offence does not require any intention to avoid paying the fare – only that you had the opportunity to buy a ticket before boarding (i.e. at the machine or kiosk).
TfL, Govia, Thameslink, West Midlands Trains, and Greater Anglia tend to prosecute under this Bye Law.
You may be prosecuted for the following:
Using another person’s ticket or pass (11-15 Zip Card, 16+ Zip Card, Student Oyster Card, Freedom Pass, 60+ or another type of discounted travel card)
If your Rail Ticket does not cover the full journey
If you board the train without having purchased a ticket
If you are travelling on a discounted ticket but do not have the accompanying Rail Card.
If you travel further than the ticket permits
If you are caught travelling on an incorrect ticket type, for example a young person’s ticket when over the age of 16
You are travelling on a day, date or time during which restrictions are imposed which render your ticket invalid.
Travelling in a class of accommodation for which you do not have a valid ticket (for example ‘first class’).
The ticket or permit is restricted to a different train company.
You are travelling with a ticket or permit after the expiry date (unless the ticket expires during your journey, in which case you will be allowed to complete your journey).
The train company (TFL or various others) typically write to an individual who is suspected of fare evasion, asking them to confirm whether they accept that they committed the offence. There will be an opportunity to provide information to ‘take into consideration’ while they consider a prosecution.
Some train companies, such as Govia Thameslink and Chiltern Railways, send out a Notice of Intended Prosecution letter, which clearly states that it is their intention to take the matter to the Magistrates’ Court.
A number of regional railway companies (including Transport for Wales and Avanti West Coast) employ Transport Investigations Limited (TIL) to recover revenue and prosecute cases on their behalf as an agent. You may therefore receive correspondence from TIL.
In advice set out by TfL, it reminds those that are being prosecuted for allegedly committing an offence to seek advice from a solicitor. It confirms that fare evasion (under the byelaw) is a “strict liability offence”, which means that intention is irrelevant; You may be guilty by simply not holding a valid ticket.
This varies depending on the train company. Transport Investigations Limited and Southeastern Trains allow 21 days to reply. Chiltern, Govia Thameslink, Northern Rail and West Midlands Trains afford 14 days. TFL allows 10 days to reply. Southeastern and Greater Anglia only affords 7 days to respond.
When you receive the initial letter, it is an ideal time for us to intervene on your behalf, because the final decision to prosecute has not yet been made by the train company. It’s a great opportunity to set out personal mitigating factors and supporting documents.
If they decide to prosecute, you will receive a Court Summons in the post, providing a date when the hearing will be heard. The form will ask you whether you intend to plead guilty or not guilty and will give you an option to enter your plea by post.
It is extremely important that you do not complete this paperwork without consulting our Fare Evasion Solicitors if your aim is to avoid a criminal conviction.
If you were to plead guilty at court or to be found guilty after a trial, this is a criminal conviction. This can affect your ability to secure jobs and work. It may prevent you from travelling to certain countries, and could influence visa decisions if you are not a current British Citizen.
CRB checks were taken over by the Disclosure and Disbarring Service (DBS) in 2012. All criminal record checks for a job are undertaken by the DBS.
A conviction under s.5 of the Regulation of Railways Act 1889 would appear on a basic DBS check until ‘spent’. It would also appear on Standard and enhanced DBS checks until ‘filtered’ after 11 years. This can have a profound impact on someone’s career prospects, particularly in certain fields.
The conviction may also have to be disclosed on various types of visa and immigration applications.
We have many years’ experience in dealing with the various train companies and have an excellent track record of settling the matters out of court.
We can make an out of court settlement offer on your behalf. This includes drafting powerful and persuasive arguments to convince the company not to prosecute you.
The best fare evasion solicitors will have a direct line of contact with the relevant Prosecutions Unit and can make representations on your behalf in an efficient and timely way.
In short no. Legal aid is not available to cover legal fees for fare evasion offences at court.
We offer a fixed fee service.
The service includes:
An hour face-to-face consultation (either in the office or via zoom / teams / whatsapp etc)
Drafting a detailed letter to the Train Company – inviting them to settle out of court without a prosecution
Guidance on providing supporting documents to enhance the chances of success
Transport for London (Docklands Light Railway, Tube, London Overground)
Transport Investigations Limited (acting as agents for Chiltern Railways, Avanti West Coast and Transport for Wales)