Home Fare Evasion Solicitors

Fare Evasion Solicitors

Accused of Fare Evasion? Respond the Right Way

Fare Evasion Solicitors

Bexleyheath, Blackheath & Petts Wood

Despite the serious implications of a prosecution for fare evasion or an oyster card offence, legal aid is not available.

Although fare evasion is usually punished by a fine, which can be up to £1,000, if a decision is made to prosecute and you subsequently plead guilty or are found guilty at trial, it will lead to a criminal record. This could result in you losing your job, may prevent you from travelling or working abroad in certain countries, or it may affect your right to remain living in this country if you are not a British Citizen.

How we can help

  • We can provide legal advice about the possible outcomes of your case and implications if you are convicted.
  • We can make representations to the rail company to negotiate an out of Court settlement or alternative to a prosecution, such as a warning letter.
  • We can represent you at an interview under caution (see below about interviews).
  • We can provide representation at a Court hearing (see below about Court hearings).
  • We can also provide initial advice even if you wish to represent yourself or make your own representations.

When you could be fined

Passengers using public transport may be liable to pay for a fine or prosecution in the following circumstances:
  • If you travel on a train or bus without a valid ticket or permit to travel.
  • If you travel in a class of accommodation for which the ticket is not valid.
  • If you are present in a compulsory ticket area without a valid ticket or permit to travel.

What happens next?

There can be harsh consequences, even where there is a genuine mistake or misunderstanding of the law if the case is not properly argued. It is therefore important that you seek legal advice at the earliest opportunity.

If you have been stopped and it has been alleged that you have evaded fares this will trigger a process. The earlier that we can be involved in this process the more likely it is that we will be able to resolve the matter for you.

Interviews

In fare evasion matters the rail company can ask you to attend an interview at a station. This is often because they suspect that there have been other offences committed in the past or they are concerned about a suspicious pattern of journeys.

If you are invited for an interview, Aletta Shaw can arrange for a representative to attend with you. We will obtain initial disclosure of evidence from the investigator and advise you accordingly before the interview. During the interview the representative will ensure that the interview is being conducted following the proper rules and procedures and intervene if you are asked a question that is inappropriate. They will also be there to assist if you need further advice or any special measures during the interview. Our representative will also use the time at the interview to try to negotiate a settlement or other disposal to avoid prosecution or Court proceedings. Our approach has been very successful for our clients, for many years.

Representation at Court

We often find that clients come to us once a hearing has already been listed. Even if the hearing is only a few days away we can still help. This is the case for all rail companies including, Southeastern, Govia Thameslink and Transport Investigation Limited.

In our consultation we will advise you of your options and can arrange for a representative to attend Court with you, if required. We will guide you through the process and can offer advice even if you wish to represent yourself.

The benefits of instructing a representative to attend Court with you will depend on the facts of your case. Where we believe there are grounds to negotiate a settlement, we can either do so before the hearing or request an adjournment in order to allow more time to correspond with the rail company.
In cases where the rail company has refused to settle and the matter proceeds to a hearing there are still benefits of taking a representative along with you. In recent cases where clients have entered guilty pleas, we have still managed to secure an absolute discharge with no costs or fine to pay. During our consultation meeting we will be able to advise you about this and the possible outcomes of your case.

Transport Investigations Limited (TIL)

We have been dealing with cases from Transport Investigations Limited for many years. Their process usually begins with a letter to you asking for a response within 21 days. In our consultation we will advise you about the law and the usual next steps in a case against TIL. We have secured excellent outcomes for our clients even if the deadline to respond has passed.

Govia Thameslink (GTR)

We have been dealing with cases from Transport Investigations Limited for many years. Their process usually begins with a letter to you asking for a response within 21 days. In our consultation we will advise you about the law and the usual next steps in a case against TIL. We have secured excellent outcomes for our clients even if the deadline to respond has passed.

We also have extensive experience dealing with the following rail companies:

Our fare evasion solicitors can offer our services throughout England and Wales. We offer consultations by Zoom, Microsoft Teams, FaceTime or telephone if a face to face meeting is not possible.

Contact Aletta Shaw on 020 8301 4884 to see how we can help you.

Fare Evasion case studies

These are just some examples of the cases we deal with on a daily basis.

Daughter’s rail pass misuse

The client accidentally used her daughter’s rail pass on one occasion. She was accused of use on multiple occasions. We were able to obtain an absolute discharge and were able to reduce the number of multiple uses to only one.

Teacher using relative’s Freedom Pass

The client, who was a teacher, had been using the Freedom Pass of a relative. She had subsequently moved abroad to work and if prosecuted would have lost her job and visa. The client had already made her own representations to TFL, which were unsuccessful in persuading TFL to withdraw the prosecution. We put forward further representations and TFL agreed not to proceed with the prosecution and accepted an out of court settlement.

Travel card outside zones offence

The client had purchased a travel card for zones 1 and 2, but travelled outside these zones using an oyster card with insufficient monies to exit the station. The client was summonsed to court. We were able to secure an adjournment so that written representations could be made by us on behalf of the client to TFL. The client was a professional and a criminal conviction would have resulted in him losing his job and consequently, possibly his home if he was unable to pay the mortgage. On the basis of our written submissions an out of court settlement was agreed and the client was able to keep his job.

Film director no ticket rush

Our client was a film Director; he was meeting a friend and in a hurry so he jumped on a train without a ticket and tried to exit using an oyster card with insufficient top up. The client risked losing a promising career if he was unable to travel to the United States, a conviction would have prevented him from doing so. Following written submissions we were able to persuade the train company to settle out of court.

Banker misusing Freedom Pass

A banker allegedly misused a family member’s Freedom Pass. TFL decided to prosecute. As this is a dishonesty offence the banker would have been unable to continue to practice if convicted. We were able to successfully persuade TFL to agree an out of court settlement.

Student card misuse at trial

The client had allegedly been using a student card belonging to a friend. The case went to trial and we were able to prove that proper procedure had not been followed by the revenue inspector. TFL were forced to withdraw the prosecution and we were able to secure a defence costs order for the client.

Store manager using in-law’s pass

The client was a store manager working in customer service. On one occasion only he travelled using the freedom pass of his mother-in-law. The client would have lost his job had there been a conviction. We wrote to TFL on his behalf and were able to persuade them to agree to an out of court settlement.

Media worker stopped at barrier

The client works in the media industry he did not have a valid ticket and tried to go through the barrier but was stopped. A decision was made to prosecute. We were able to prevent a prosecution by providing mitigation to TFL who agreed an out of court settlement.

Banker accused of no valid ticket

The client, who works in the banking industry and would have lost his job. He was allegedly travelling without a valid ticket for his journey. A decision was made to prosecute. Following representations by us to TFL, they agreed to withdraw the prosecution and settled out of court.

One-off no ticket travel adjournment

Our client travelled on one occasion without a valid ticket. A decision was made to prosecute. The client would have lost his job if prosecuted. Although the client tried to mitigate initially on their own behalf, they were unsuccessful. We were then instructed and were able to obtain an adjournment on behalf of the client and made further representations, on his behalf. As a result of these representations an out of court settlement was agreed.

Friend’s student discount misuse

The client misused his friend’s student discount card in error. A decision was made to prosecute. Following representations the prosecution was withdrawn. We were able to show that this was an isolated incident and it was used in error. The client works in financial adviser and his career and employment prospects would have been destroyed.

Deceased mother’s pass misuse

The client used her deceased mother’s freedom pass on multiple occasions. A decision was made to prosecute. Following representation an adjournment was agreed. We raised legal arguments in correspondence. The prosecution was withdrawn and an out of court settlement agreed.

Student prosecution during degree

The client was a student in the middle of his degree, during his degree he was required to travel and therefore a conviction would have impacted on his ability to complete his degree course. The client received a court summons and sought advice after his own written representations were unsuccessful. An out of court settlement was agreed on payment of a small fine.

Deputy head using husband’s pass

The client used her husband’s freedom pass on one occasion. She worked as a deputy head of a school and had done a lot of charity work. We were able to put forward mitigation which resulted in there being an out of court settlement.

Financial adviser multiple offences

The client was a financial adviser who relied on his job to support his whole family, here and abroad. Despite there being multiple offences we were able to put forward mitigating circumstances that resulted in an out of court settlement.

Teacher & trainer mother’s pass

The client was a teacher and personal trainer. He used his mother’s Freedom pass on one journey only. We were able to negotiate an out of court settlement.

US worker using staff card

The client had moved to live and work in the United States and had returned for a month to visit family. She faced a prosecution for travelling without a valid ticket having used her brother’s staff discount card. The client would not have been able to return to the United States had there been a conviction. We were able to negotiate an out of court settlement.

HR worker multiple no tickets

The client, who worked in HR, was found to have been travelling without a ticket on more than one occasion. If convicted she would have lost her job and been unable to pay her mortgage.

Supermarket worker in-law’s pass

The client worked in a supermarket and used her mother in law’s freedom pass. She had done so on only one occasion, we acted on her behalf and agreed an out of court settlement.

Bus passenger no ticket

We represented a client who was found to have been travelling on a bus with no ticket. An out of court settlement was agreed.

Lecturer using father’s pass

A client, who was due to become a university lecturer travelled using the freedom pass of his father. He had been offered a job abroad and a conviction would have resulted in him losing the job offer. An out of court settlement was negotiated on his behalf.

Banker facing job loss

The client worked for a financial institution and would have lost her job. We were able to put forward mitigation on her behalf and an out of court settlement was agreed.

Son using deceased mother’s pass

The client used his mother’s freedom pass several times following her death. Human rights arguments were put forward on behalf of the client, who would have been deported to a dangerous situation. The client received a court summons and sought advice after his own written representations were unsuccessful. We were able to produce written representations which achieved an out of court settlement and the proceedings were withdrawn.

Long-term ticket evasion case

The client had allegedly not been buying a ticket over a long period. The client would have lost her job had there been a conviction and she had a young family to support. We were able to offer mitigation and an out of court settlement was agreed.

Banker with baby facing job loss

The client worked for a large financial institution, he had a baby on way and the family were financially reliant on him. He would have lost his job. We wrote to South Eastern Railway and were able to agree an out of court settlement.

Finance worker overshot train stop

The client fell asleep on a train and went beyond his destination by mistake. Without thinking he was doing anything wrong he boarded a South Eastern train, without obtaining a ticket, to return to his intended destination. The client, if convicted would have lost his career in finance and may have had his visa to live and work in this country revoked. As a result of written representations by us, the train company agreed an out of court settlement.

Six months no ticket false name

The client had been travelling without a valid ticket for 6 months and gave a false name when interviewed by the ticket officer. The client received a court summons and sought advice after his own written representations were unsuccessful. We were able to make written representations to the train company and reached an out of Court settlement at the Court hearing.

Young banker one-off no ticket

The client was a young man starting off his career with financial company. He travelled without a ticket on one occasion. Following mitigation an out of court settlement was agreed.

Banker misusing family pass

The client worked for a financial institution and had used a family member’s same as above but one off freedom pass and family member. The client received a court summons and sought advice after his own written representations were unsuccessful. An out of court settlement was agreed.

Businessman abroad sentence reopened

The client owned businesses in England and Dubai. He was abroad and was sentenced in his absence, but did not receive papers. We were able to reopen the case and agreed out of court settlement. He would not have been able to travel to Dubai to manage the business if the conviction had not been overturned.

Architect one-off barrier offence

The client was an architect and could have lost his job. On one occasion he allegedly tried to go through a barrier without ticket. Following representations by us on his behalf the prosecution was withdrawn and an out of court settlement was agreed.

Politics hopeful barrier offence

Client whose plans to work in politics would have been destroyed, went through a barrier without a valid ticket. We responded on her behalf to their initial letter and agreed an out of court settlement.

Finance worker one-off no ticket

The client, who worked in finance, had travelled without a valid ticket on one occasion. With a criminal conviction he would have lost his job and future career prospects. We put forward mitigating circumstances and an out of court settlement was agreed.

Law graduate secretary ticket case

The client was a secretary with law degree and had allegedly been travelling without a valid ticket and her career prospects would have been destroyed. Following representations by us an out of court settlement was agreed.

Writer carnet ticket misuse

The client was a writer. It was alleged that he misused a carnet ticket in Wales by using it twice. The client received a court summons and sought advice after his own written representations were unsuccessful. We were able to successfully reach an out of court settlement through negotiation with the rail network.

Deputy head one-off ticket case

The client was a deputy head teacher and was alleged to have been travelling without a ticket on one occasion. He would have lost his job and would not have been able to pay mortgage if convicted. He sought advice when he received a court summons after his own written representations were unsuccessful. Following representations by us an out of court settlement was agreed.

Banker mitigation settlement

The client worked for a large financial institution and would have lost her job. We put forward mitigating circumstances and an out of court settlement was agreed.

NHS worker 11 journeys unpaid

The client worked for the NHS and did not purchase ticket. It was suspected that the client had been doing this over a long period of time and that he had travelled without a ticket on 11 journeys. The client also provided misleading information at the scene and was investigated over a period of a week. The client received a court summons and sought advice after his own written representations were unsuccessful. We were able to achieve an out of court settlement for the client at the court hearing after a number of letters were sent to the Prosecution.

Media worker partial fare offence

The client, who worked in the media industry travelled without a valid ticket on one occasion paid as he had only paid for part of journey. The client received a court summons and sought advice after his own written representations were unsuccessful. An out of court settlement was agreed.

Editor repeated no tickets

The client was an editor. He had travelled several times without a valid ticket. We negotiated an out of court settlement on behalf of the client.