Prosecution for unfair fare evasion

captainpants · 2 May 2018 at 10:05AM

Wondering if anyone had some tips/experience for my problem.

I travel on a weekly student photocard and lost my photocard during the journey home on the overland network last month. I only realized I didn't have my photocard on me when I went to go through the barriers. I then went to one of the inspectors on the platform (our station is a hotspot for fare evaders) and told him the situation and also giving him my driving licence as I assumed he would need my details to give me a penalty fare and send me on my way.

However he reported me for fare evasion instead (didn't even offer me a chance to pay a penalty fare) and I am waiting to hear back whether TfL will prosecute me for fare evasion. They sent me the 'Intention to prosecute' letter which I responded to by stating I did not evade my fare and also sent proof of (a) the purchase of the valid weekly pass on my bank statement and (b) my journey history which shows I touched in at the first station on that day but never touched out. I called them today to ask what the progress was (it's been a week since I responded) and they said they were 'still investigating'.

Investigating what? They have all the proof that I had a valid ticket. The oystecard journey history was requested from TfL so it's not like I faked it. I ALWAYS buy a ticket to travel. If I had used someone else's pass or had tried to get a free trip I would accept it but it's not the case.

I feel this is incredibly unfair and can't believe I am facing a criminal conviction for losing my pass during the journey. On top of this, I am studying law and trying to change career but I am faced with the prospect of being unable to practice because of a conviction while being 000's of £ in debt from a uni degree I can never use.

Any similar experiences? Would love to know how they turned out.

How long does it take TfL to look at the evidence and come to the conclusion that I didn't evade my fare?

Raddy · 2 May 2018 at 11:42PM

Hi

I have been stopped recently too

didn't have a ticket to cover all the right zones. Seems like they are taking a zero tolerance approach and don't want to fine people from what I hear from chatting to solicitors and they just want to prosecute now - they changed their policy about 2 months ago.

Now they are trying to prosecute me - have had the same 10 day letter. Could lose my job as subject to a dbs, exacerbating my mental health issues and am really struggling. Am not sure what to do.

Sorry to hear your'e in a similar boat.

giraffe69 · 3 May 2018 at 12:54PM

I have been stopped recently too didn't have a ticket to cover all the right zones. Seems like they are taking a zero tolerance approach

As a fare payer I'm pleased to hear that. What prevents you from having the right ticket for the journey?

daveyjp · 3 May 2018 at 1:52PM

TFL will need to investigate, calling after a week probably isn't long enough for ti to get allocated.

There isn't a lot you can do until they respond.

Its sad it has come to this, but it is worth having a photo of your photo card so at least you have evidence that one did once exist.

My local unmanned station now has a ticket machine and I have to buy a ticket before boarding. If the machine isn't working when I try and buy I always take a photo as evidence.

lildoonbuggy · 3 May 2018 at 8:00PM

I had something similar - tapped in and realised at the platform on arrival that I couldn't find my card. I also have that card saved on android pay so theoretically could have tapped out with that but checked in with staff as I hoped my card had been handed in (and didn't need to be cancelled).

I barely even finished my sentence before the staff member started accusing me of not travelling with a valid ticket. He started writing a ticket straight away, and when I argued he made me crouch in a corner and search my bag in front of him and refused to let me use android pay. The guy was totally agro, so I started calling customer service. Funny, because 3 minutes later he handed me my card and said it was 'just handed in'.

From that awful experience I learned in a round about way that if you can prove you lost a valid ticket, that you can appeal the ticket/process (I.e. With evidence of bank statements/annual subscription). I also learned that the customer service and complaints people won't even consider your case, they will just quote their policy repeatedly. Therefore I can highly recommended putting in a complaint via resolver as complaints via them seem to be prioritised, and also because resolver let's you escalate to the next body/ombudsman with the click of one button as soon as the previous step has been exhausted. Good luck, I feel your frustration!

Raddy · 3 May 2018 at 11:31PM

I'm so glad you're feeling pleased and and take pleasure in judging others. I very much doubt you are holier than thou yourself. :T

captainpants · 4 May 2018 at 9:43AM

daveyjp - taking a photo is great idea. I'm gonna do that for the future. Thanks for the tip.

giraffe69 · 6 May 2018 at 4:10PM

I'm so glad you're feeling pleased and and take pleasure in judging others. I very much doubt you are holier than thou yourself.

What's "holier than thou?" You travelled and didn't have the right ticket. Was there a reason why this was so? I'll guess you were seeking to save money and had got away with it before. Does that ring a bell?

DUTR · 6 May 2018 at 5:22PM

Raddy wrote: »

I'm so glad you're feeling pleased and and take pleasure in judging others. I very much doubt you are holier than thou yourself. :T

You mention doing all sorts aftwerwards but not mentioned getting a replacement id card.

captainpants · 13 May 2018 at 10:27AM

Quick update: Happy ending.

I received a letter from the Compliance Unit yesterday to tell me that they reviewed my case and have decided that I did have a valid ticket for the journey so no further action will be taken.
What a relief!

t0rt0ise · 24 May 2018 at 9:20AM

By the way, just in case others read this.. you can't use a card to tap in and phone pay to tap out. When the card is put on phone pay, it uses a dummy card number and is in effect a separate card so you will end up with two incomplete journeys.

Prosecution for unfair fare evasion

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