Fare Evasion Prosecutions Post Lockdown in England and Wales

In this blog post you will read about:

• An estimate of fare evasion offences during the lockdown in the UK
• Enhanced fare evasion controls in 2021
• What happens if you get charged with fare evasion
• How a specialised solicitor can help in dealing with fare evasion
• Why also honest mistakes result in fare evasion prosecutions
• How Aletta Shaw Solicitors can help in dealing with fare evasion

An estimate of fare evasion offences during the lockdown in the UK

Fare evasion prosecutions were rising steadily in the years before lockdown, and losses incurred due to fare evasions amounted to approximately £116 million, as recorded by TfL, and £240 million across the UK. However, the actual losses are likely to be very much higher than that, as these figures only include numbers for people who were caught fare evading. As you can imagine, this is a massive cost to the train and bus companies, and that money could be used to improve their services and therefore public transportation.

Enhanced fare evasion controls in 2021

Ticket inspections were scaled back when the country went into lockdown due to the coronavirus pandemic. However, most networks have now re-introduced inspectors and prosecutions are being stepped up to make an example of those who are breaking the law by not having a valid ticket for their journey. Ticket inspectors are given rigorous training and resources to assist with their job. They may work in uniform or even in plainclothes when out and about inspecting tickets, so you could be caught out when least expecting it. They use data collected from electronic payments made by Oyster or contactless to detect patterns of irregular activity by using algorithms. This allows them to target serious long-term offenders.

We have also noticed that some train companies are taking more seriously the use of staff passes by friends or family members and prosecution is now more likely even for one-off offences. The staff member may well lose their job if they allowed a friend or family member to use the staff pass.

What happens if you get charged with fare evasion

A conviction for fare evasion will result in a criminal record and a fine of up to £1,000. You may also have to pay an amount in compensation for previous fares that have been avoided, a victim surcharge and the prosecution costs. Depending upon how long you have been travelling without a valid ticket this could result in you having to pay a very hefty sum if convicted.

Fare Evasion is an offence of dishonesty or fraud in certain circumstances. Collected data can mean that repayment of fares evaded can result in heavy compensation being paid where the deception has been going on over a long period of time.

A prosecution is something that may need to be disclosed to an employer through a DBS (Disclosure and Barring Service). Depending upon what type of job you do, this may well impact your employment prospects in the future, particularly for those people who work in finance, accountancy, the law, medicine, teaching or other professional organisations. Some people may even lose their jobs. Those who work in the media or have high profile jobs could also be affected by any publicity about their case. Having a criminal record may also impact the ability to travel to some foreign destinations. Not only could this restrict your holiday plans, but if you are required to travel due to your job this would be a much more serious consequence.

We have had numerous clients who face this prospect. Many people are not aware of the serious implications to them of a conviction and the long-term impact it may have on their lives, particularly young people who are only just starting their working life.

How a specialised solicitor can help in dealing with fare evasion

There has recently been a move to online pleading. This has been done to free up Magistrates so that they can deal with more complex cases, and this has resulted in many people pleading guilty without having had the benefit of advice from a solicitor. As we have done on many occasions, a specialist solicitor would be able to tell them if they have mitigating circumstances and to help them reduce the fine or compensation or assist with obtaining an out of court settlement.  Further proposed changes to an automated process whereby Defendants can pay their penalty instantaneously will only exacerbate the problem and is neither reasonable nor fair and has the potential to cause injustice where individuals are led to believe that they have no choice but to make a guilty plea, which is not the case. This is a cause of concern when a conviction may have such enormous consequences.

Why also honest mistakes result in fare evasion prosecutions

Many people are also not aware that all TfL Fare evasion prosecutions are strict liability offences. A strict liability offence is one where the prosecution does not need to show that you intended to travel without a valid ticket. This means therefore that even if you made an honest mistake, you could face prosecution. Several clients have approached us when faced with prosecution in such circumstances. For example, we had a client who fell asleep on the train on his way home from work. When he woke up, realising he had missed his stop, he took a train back to the railway station where he should have disembarked. He did not think that he had to buy a ticket for the return journey. He was stopped by an inspector on the return journey and, to his surprise, they decided to prosecute. Fortunately, we were able to assist him, and the prosecution was dropped. Another client accidentally got on the wrong train and realising the mistake jumped on a train back to the station from where they had initially departed, not realising that they needed to buy a ticket. A valid ticket should have been purchased for this journey even though it was a mistaken journey.

How Aletta Shaw Solicitors can help in dealing with fare evasion

If you find yourself faced with prosecution for a fare evasion offence, we at Aletta Shaw Solicitors can offer our services to you throughout England and Wales. We can offer face to face meetings, telephone advice or over the internet by Zoom, Skype or other electronic means, whichever is most convenient for you. You will find our fees are very competitive and that we offer fixed fees where we can.  Please call us on 0208 301 4884 or email us at enquiries@alettashaw.co.uk