Caught evading fares by transport police

[traveller_348]

Hi,

I would really appreciate views and advice on my situation:

I was caught and cautioned by a transport police officer today for evading a fare. I gave vague details of my consistent fare evasion to the officer in the stress of the situation and am now concerned about criminal conviction.

I have bought a ticket that only covers the first part of my journey consistently a couple of times a week for 2.5 years. I guess would equate to £3000 in lost revenue for greater anglia.

Having read through various threads, it is apparent best case scenario is a fine, pay back earnings and settlement out of court. I am desperate to avoid a conviction given it would massively impact my career.

- is there a danger greater anglia make an example out of me given the sustained fare evasion?
- do the facts that I have not been cautioned before and significant impacts on my career improve my chance?
- will greater anglia notify me of their investigation, giving me an opportunity to attempt to settle out of court prior to any possible court summons? If so, am I best to get a solicitor involved?

Any help would be massively appreciated.

 

[telstarbox]

Which station were you stopped at?

 

[John R]

We've seen a few cases not dissimilar to yours where GA has made a settlement offer, despite the repeated fare evasion over a long period. You'd have to ask if they don't take cases like yours to court then when would they, but for the moment, that does appear to be the general policy.

Are you sure though that you were stopped by a Transport Police officer? It's normally an employee of the train company - I'm assuming that would be GA from what you have said. Are you able to upload any documentation you were given, with identifying details redacted?

Ultimately we can't guarantee anything, although on the last point, yes GA will write to you and ask for your side of the story. It's important then to be completely honest and very contrite if you are to persuade the investigator that it is appropriate not to prosecute you.

 

[traveller_348]

thanks for the responses. It was at Stratford station, London. The fact I was cautioned and given “whatever you say may be given in evidence…” suggests to me it was transport police. If it was indeed a traffic police officer does that affect my case?

I was given no documentation, only the officer noting details in his notebook and asked me to sign to agree what he wrote matched what I said. Is this irregular?

Which station were you stopped at?

It was at Stratford station, London which makes me think it’ll be passed from the police to greater anglia

We've seen a few cases not dissimilar to yours where GA has made a settlement offer, despite the repeated fare evasion over a long period. You'd have to ask if they don't take cases like yours to court then when would they, but for the moment, that does appear to be the general policy.

Are you sure though that you were stopped by a Transport Police officer? It's normally an employee of the train company - I'm assuming that would be GA from what you have said. Are you able to upload any documentation you were given, with identifying details redacted?

Ultimately we can't guarantee anything, although on the last point, yes GA will write to you and ask for your side of the story. It's important then to be completely honest and very contrite if you are to persuade the investigator that it is appropriate not to prosecute you.

The fact I was cautioned and given “whatever you say may be given in evidence…” suggests to me it was transport police. If it was indeed a traffic police officer does that affect my case?

I was given no documentation, only the officer noting details in his notebook and asked me to sign to agree what he wrote matched what I said. Is this irregular?

 

[signed]

If you have any paperwork, please post a picture of it with your personal details and references censored

 

[traveller_348]

If you have any paperwork, please post a picture of it with your personal details and references censored

I received no paperwork, the officer made notes in his notepad before letting me go. Is this unusual?

 

[signed]

I assume your details were taken

Watch your mail, it is crucial now, if you are going to be absent, arrange for someone to pick out your mail.

Then post what you recieved here and we'll try to help you navigate it

 

[Bertie the bus]

The fact I was cautioned and given “whatever you say may be given in evidence…” suggests to me it was transport police. If it was indeed a traffic police officer does that affect my case?

The traffic police don't check tickets at railway stations. You will have been dealt with by either a Greater Anglia or TfL revenue inspector. If Greater Anglia deal with your case you might get away with an out of court settlement. If TfL deal with it you will be prosecuted.

 

[signed]

If TfL deal with it you will be prosecuted.

Will TfL deal with a GA case? I doubt it

 

[traveller_348]

Will TfL deal with a GA case? I doubt it

My offences only relate to journeys on GA trains so surely tfl can’t prosecute me?

I assume your details were taken

Watch your mail, it is crucial now, if you are going to be absent, arrange for someone to pick out your mail.

Then post what you recieved here and we'll try to help you navigate it

Does this first letter usually arrive close to being caught?

 

[Bertie the bus]

The station is managed by TfL, therefore it is likely it was a TfL inspector. It is not unusual for the company who catches fare dodgers to deal with them, whether they have used their services or not.

 

[traveller_348]

The station is managed by TfL, therefore it is likely it was a TfL inspector. It is not unusual for the company who catches fare dodgers to deal with them, whether they have used their services or not.

But how do I return lost revenue to GA if tfl prosecute? I therefore assume tfl dealing with the case would likely result in criminal conviction?

 

[Bertie the bus]

If TfL deal with it is isn't likely you will be prosecuted and get a criminal conviction. You will be prosecuted and get a criminal conviction.

 

[WesternLancer]

thanks for the responses. It was at Stratford station, London. The fact I was cautioned and given “whatever you say may be given in evidence…” suggests to me it was transport police. If it was indeed a traffic police officer does that affect my case?

I was given no documentation, only the officer noting details in his notebook and asked me to sign to agree what he wrote matched what I said. Is this irregular?


It was at Stratford station, London which makes me think it’ll be passed from the police to greater anglia


The fact I was cautioned and given “whatever you say may be given in evidence…” suggests to me it was transport police. If it was indeed a traffic police officer does that affect my case?

I was given no documentation, only the officer noting details in his notebook and asked me to sign to agree what he wrote matched what I said. Is this irregular?

I think the reason you get read that statement of rights is because railway operators have powers of private prosecution. It’s not necessarily a sign that it was a police officer that stopped you.

But I don’t think it makes a great deal of difference to what happens as things progress.

Other threads will give you an idea of the process.

As you are unsure who it was then you probably need to wait and see who writes to you about this.

 

[Haywain]

I received no paperwork, the officer made notes in his notepad before letting me go. Is this unusual?

No, nothing out of the ordinary.

The station is managed by TfL, therefore it is likely it was a TfL inspector.

We see a good few cases here where the poster has been stopped at Stratford and the case has been handled by Greater Anglia.

 

[AlterEgo]

It sounds like you were stopped by a TfL inspector and made the error of talking to them and giving them a free confession despite being advised that you did not have to.

This may well end up in the magistrates' court.

TfL do not issue you with paperwork when they stop you; you will be reported for prosecution and asked to give your side of events. They may only wish you to make comment about a single offence, or they may want to deal with all of your historic offending. It will be hard to say until you receive a letter from them.

Does this fare evasion involve a wheeze where you don't get a ticket for your full journey and use Oyster/contactless at the gates at Stratford?

 

[furlong]

If it was GA and no paperwork was issued then that should be raised as a serious matter of formal complaint as every national railway company has pledged always to issue you with documentation(*). One of the key reasons for this is so that the very question of which company it was that spoke to you and how to contact them about the matter if you want to doesn't arise!

(*) https://www.raildeliverygroup.com/about-us/publications/acop/199-2013-05-atoc-acop-1.html

5 iii) c) Where a passenger’s details are recorded in connection with a travel irregularity but no notice is issued, they will be provided as a minimum with a card stating:
- The name of the train company taking the details
- Website and telephone contact details to allow the passenger to access the TOC’s revenue protection policy (including the action that may be taken subsequently, and their rights and obligations in connection with this)

 

[traveller_348]

If TfL deal with it is isn't likely you will be prosecuted and get a criminal conviction. You will be prosecuted and get a criminal conviction.

So the lack of paperwork almost confirms it is tfl and criminal conviction is likely? Oh dear indeed.

If it was GA and no paperwork was issued then that should be raised as a serious matter of formal complaint as every national railway company has pledged always to issue you with documentation(*). One of the key reasons for this is so that the very question of which company it was that spoke to you and how to contact them about the matter if you want to doesn't arise!

(*) https://www.raildeliverygroup.com/about-us/publications/acop/199-2013-05-atoc-acop-1.html

There were plenty of GA staff operating on the platform checking tickets. What I believe to be a traffic officer stopped me after I walked past them and took details. Is it likely tfl and GA were operating and checking tickets on the same platform?

It sounds like you were stopped by a TfL inspector and made the error of talking to them and giving them a free confession despite being advised that you did not have to.

This may well end up in the magistrates' court.

TfL do not issue you with paperwork when they stop you; you will be reported for prosecution and asked to give your side of events. They may only wish you to make comment about a single offence, or they may want to deal with all of your historic offending. It will be hard to say until you receive a letter from them.

Does this fare evasion involve a wheeze where you don't get a ticket for your full journey and use Oyster/contactless at the gates at Stratford?

Yeah I was buying in incomplete ticket and tapping in at stratford

 

[WesternLancer]

So the lack of paperwork almost confirms it is tfl and criminal conviction is likely? Oh dear indeed.

I think on this you will need to see who gets in touch with you, then you will know what and who you are dealing with - I assume yu gave an accurate name and address where you can be contacted over the next few weeks and months. It is vital that you enagge with and respond to anythign they send you (also check e-mail and spam) if you want to have any chance of avoiding prosecition.

Then you can head back here for advice that you need as things develop.

There were plenty of GA staff operating on the platform checking tickets. What I believe to be a traffic officer stopped me after I walked past them and took details. Is it likely tfl and GA were operating and checking tickets on the same platform?

It's possible that they were operating a 'Revenue Block' ie lots of staff checking tickets from GA and TfL supported by Transport Police perhaps in that area of the station - but I would doubt Traffic Police as presumably they are police officers that work on the road network.

Yeah I was buying in incomplete ticket and tapping in at stratford

Your OP explains that you have been persistently and deliberately evading fares for a prolonged period on your journeys. No doubt you will have to accept that the risk of prosecution is a likely outcome of that when you eventually got caught. You can not really have been under much doubt of the risk of that although perhaps you thought that if caught you would get a one off Penalty Fare of £100/£50 and it was a chance worth taking as the occasional payment of £50 made saving c£3000 worth the risk. Sadly it does not work like that because if they suspect evidence of persistent evasion then one of those Penalty Fares isn't usually the option they will chose to issue.

But you will get useful advice on the options available to you from people here as things progress and also people can advice you on the way any punishment from being taken to court is calculated, and where you can get advice on when any conviction would be spent / where it has to be declared etc. Also you can see this sort of info on other threads if you want to have a look through.

One piece of advice for now is to be able to show immediately from this point on you have learned your lesson and changed your ways - that is something that might help convince them not to prosecute you - either by ALWAYS buying the correct ticket for your travels and keeping proof of such purchase in case needed, or by buying a season ticket for your journey.

Good luck with things, and if and when you need further advice feel free to ask.