Fare Evasion: Can you avoid a criminal conviction?
What is fare evasion?
Fare evasion is the deliberate avoidance of paying part of, or the entirety of a journey made on public transport. Fare evasion is a criminal offense that could lead to a £1,000 fine, or even prosecution and a criminal record. Fare evasion is commonly known to affect the railway and was made illegal under The Regulation of Railways Act 1889. Today, the offense is applicable across all public transport.
How is fare evasion detected?
Fare evasion can be detected in a number of ways across various different types of public transport. Train guards who patrol the train during its journey to inspect passenger tickets is a method well know to us all. Meanwhile, Transport for London (TFL) have developed more discrete methods of detecting the crime through “its irregular travel analysis platform (ITAP) […] which uses patterns in ticketing and passenger data” to identify people dodging travel fare’s. Other methods rolled out by TFL include body worn video cameras which are now part of “essential kit for all frontline customer facing staff” as fare evaders often act violently or aggressively towards staff.
In 2023 in London alone, TFL “prosecuted 19,614 people for fare evasion”, a 56% increase in the number of prosecutions made the year before. Fare evasion is
“estimated to cost TFL around £150m a year”
FAQ’s:
Can students be prosecuted?
Yes. Anyone above the age of 18 can be prosecuted for fare evading, regardless of whether you are in full time education. Sixth Form students, or anyone aged 16 or over are required to purchase an adult ticket when travelling and may also face consequences for fare evading.
Can I avoid a criminal record?
If you have been caught fare evading, the railway provider may be willing to settle the matter outside of court by way of a monetary fine. However, this is never guaranteed, and you may have to face more serious consequences for the offence.
Do my children travel for free?
It depends on their age and the railway provider. Most railway companies will allow children up to the age of 5 to travel for free with at least one paying adult. TFL allow children up to the age of 11 to travel free on London buses, tubes and trams. It’s important to check the railway providers website terms and conditions and remember there are a variety of discounts available for children of all ages.
How will I know if I am caught fare evading?
If you are approached by a member of railway staff and are asked to provide a valid ticket, travel pass or railcard but are unable to do so, you will be told that you have fare evaded. You will be required to provide your personal details, such as your full name, home address, and contact details. You will then receive an email or letter from the fraud investigations team explaining the offence and what happens next. The terms fraud and prosecution can be alarming but remember that the Ellis Jones team can reassure you and answer any of your questions or queries.
What railway companies can we Ellis Jones deal with?
- Arriva Trains Wales
- Avanti West Coast
- C2C Rail Ltd
- Chiltern Railways
- Cross Country Trains
- Docklands Light Railway (Transport for London)
- East Midlands Trains
- First Capital Connect
- Gatwick Express
- Govia Thameslink Railway
- Great Western Railway
- Greater Anglia
- Heathrow Connect
- Heathrow Express
- London Midland
- Merseyrail
- Northern Rail
- Southeastern
- South Western Railway
- Southern
- Transpennine
- Transport for Wales Digital Fraud Team
- Transport for London (TFL)
- Virgin Trains
- West Midlands Trains
What are the consequences?
The penalties associated with a convicted fare evasion offense include a monetary fine, a criminal record, or even a 3 month prison sentence which can all have life changing consequences. However, with the correct legal representation these cases can be dealt with and resolved outside of court.
Key things to remember:
You can be punished for fare evasion if:
- Your railcard is out of date
- You travel further than the destination on your ticket
- You travel at a time that is not permitted by your ticket conditions
- You are using a travel pass that isn’t yours
- You are 16+ years old and purchased a child’s ticket
If caught fare evading, railway providers are likely to investigate your ticket purchase history and may be able to detect previous fare evasion such as suspicious refunding which could impact your penalty.
Recent successes:
In August of last year our client, a university student, was found by a member of TFL staff to be travelling towards Waterloo without a ticket valid for the entire journey. Investigations into our client’s ticket purchase history were subsequently carried out and found that a total of 184 suspicious journeys were made in a 19-month period. With Ellis Jones representations, the matter was settled out of Court by payment of any unpaid fares and the railway company’s administrative costs.
Most recently, a client of ours was found by West Midland Railways to have travelled on a train that departed later than the time detailed on her ticket. The matter was settled out of court by payment of the journey made at the later departure time and the railway providers administrative costs.
Earlier this year our client, a college student, travelled on Chiltern Railways without a valid ticket for travel. Investigations into our client’s ticket purchase history were made which highlighted 28 other fare evaded journeys, and a number of inaccurately requested refunds. With our representations, the matter was settled out of court by payment of any unpaid fares, wrongly requested refunds, and the railways administrative costs.
How can Ellis Jones help you?
Having recently obtained a successful outcome for a client in relation to an evaded fare offence, our experts James Constable and Lovetta Pring in the Crime and Regulatory team can offer a reliable service to those with alleged or proven offences.
If you feel as though you could benefit from seeking advice in relation to a fare evasion offence, please do not hesitate to get in touch with us by emailing james.constable@ellisjones.co.uk or lovetta.pring@ellisjones.co.uk or via our online website enquiry form.
About the authors
James is a Senior Associate Solicitor based in our London office and specialises in Crime and Regulatory work.
Lovetta is a Secretary based in our London office and works to support our London team across a variety of matters and service areas including Banking & Finance Litigation and Crime.
How can we help?
When you submit this form an email will be sent to the relevant department who will contact you within 48 hours. If you require urgent advice please call 01202 525333.
