Fare Evasion Solicitors - Avoid a Prosecution

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, particularly if previous invalid tickets are discovered by the train company.

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, including before you have even received the initial letter from the train company.

We regularly deal with fare evasion investigations and prosecutions brought by TfL, Govia Thameslink Railway (GTR), Southeastern, Northern, SWR, Transport Investigations Limited and many more. We understand how different prosecution teams approach these cases and how to make early, targeted representations to avoid court proceedings.

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 [email protected] or contact us here. Alternatively, you can phone 0333 240 7373

What is Fare Evasion?

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. It is sometimes referred to as ‘fare dodging’ or by the method used, such as ‘tailgating’ or ‘short ticketing’.

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 Avanti West Coast and Transport for Wales (using Transport Investigation Limited as their agent) and Southeastern usually prosecute under this offence.

1. 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 Bye Laws.

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 ticket does not cover the full journey (short-ticketing or ‘doughnutting’)
• Making false claims under the delay repay scheme
• If you board the train without having purchased a ticket
• If you are travelling on a discounted ticket but do not have the accompanying Railcard
• If you are caught travelling on an incorrect ticket type, for example a child ticket or 16-17 Saver
• Travelling in a first class carriage with a standard class ticket

What Happens if You’re Accused of Fare Evasion?

If you are suspected of fare evasion, the train company, TfL or their prosecution agent will usually write to you asking you to confirm your details and respond to the allegation. This may be described as a verification letter, investigation letter or in the case of Govia Thameslink – a Notice of Intended Prosecution.

Rail companies have systems to flag suspicious patterns, which means you may receive a letter out of the blue raising concerns about “travel irregularities” or issues relating to Delay Repay claims.

The letter will usually invite you to provide any information you want the prosecution team to take into account before deciding whether to bring a case. This is often the most important opportunity to put forward mitigation, explain what happened, and make representations for the matter to be resolved without court proceedings.

You should avoid sending a rushed response before taking advice. What you say at this stage can affect whether the matter is prosecuted, whether an out of court settlement is offered, and how the allegation is later viewed.

Can Fare Evasion Be Settled Out of Court?

We have many years’ experience in dealing with the various train companies and have an excellent track record of settling 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.

We also have direct lines of communication with the relevant train prosecutors, which can greatly speed up the process, ensuring your matter is resolved as quickly as possible.

Recent Case Studies

Sandwich tickets: Our client was travelling home on a ‘sandwich 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. Our client 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.

TFL bylaw offence: Our client 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.

Reused tickets and false details: Our client had travelled by train over an 8-month period, reusing tickets multiple times. When challenged by the inspector, he panicked and provided false details, which is itself a separate byelaw offence. We carefully addressed these issues on his behalf and successfully negotiated an out of court settlement.

Delay repay false claims and interview request: Our client was contacted by a train company, accusing him of making fraudulent claims through the Delay Repay scheme. He was also invited to attend a voluntary interview under caution. Reeds Solicitors intervened on his behalf, resulting in the interview being cancelled while written representations were submitted instead. The matter was ultimately settled out of court.

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