Will I get prosecuted for fare evasion?

Recently, I was caught by a ticket inspector for having my father's freedom pass. They took down my details (name, DOB, address), asked me a questions "do you have a valid ticket", "can you afford to buy a ticket", "do you know you are not allowed to travel without a ticket". Unwisely, I said yes to the first and no to the rest. They then made me sign ( I think it is a witness statement). I told them I was using it because my dad is sick and he is the main earner, they didn't seem to care. After that, they said TFL will write to me and consider to prosecute me.They confiscated the freedom pass too.

My question is, how screwed am I? I can manage to pay the fine, but getting a criminal record is something that would be career ending (I work in finance and will probably lose the qualifcation i am studying for).

Reply 1

hotpud

18

Original post by Anonymous #1

Recently, I was caught by a ticket inspector for having my father's freedom pass. They took down my details (name, DOB, address), asked me a questions "do you have a valid ticket", "can you afford to buy a ticket", "do you know you are not allowed to travel without a ticket". Unwisely, I said yes to the first and no to the rest. They then made me sign ( I think it is a witness statement). I told them I was using it because my dad is sick and he is the main earner, they didn't seem to care. After that, they said TFL will write to me and consider to prosecute me.They confiscated the freedom pass too.

My question is, how screwed am I? I can manage to pay the fine, but getting a criminal record is something that would be career ending (I work in finance and will probably lose the qualifcation i am studying for).

If they write to you with a view to prosecution, I would suggest you ring some solicitors for advice. Did they caution you? The fact that they asked you questions which likely you did not understand, nor understand the consequence of the answers you gave could give you grounds for leniency. Also, if you are under a certain age, there may be mitigating factors.

Reply 2

martin7

20

Original post by Anonymous #1

Recently, I was caught by a ticket inspector for having my father's freedom pass. They took down my details (name, DOB, address), asked me a questions "do you have a valid ticket", "can you afford to buy a ticket", "do you know you are not allowed to travel without a ticket". Unwisely, I said yes to the first and no to the rest. They then made me sign ( I think it is a witness statement). I told them I was using it because my dad is sick and he is the main earner, they didn't seem to care. After that, they said TFL will write to me and consider to prosecute me.They confiscated the freedom pass too.

My question is, how screwed am I? I can manage to pay the fine, but getting a criminal record is something that would be career ending (I work in finance and will probably lose the qualifcation i am studying for).

The inspector's job is to identify people who haven't paid and to deal with them. They've probably heard all the sob stories before, and to be frank are going to be pretty sceptical of them.

The freedom pass was issued to your dad for his personal use. I suspect that the terms and conditions don't say he can let other people use it if he's the main earner and is sick.

My understanding, from what I've read, is that TfL do prosecute for this sort of thing. See their Revenue Enforcement and Prosecutions Policy, where it says (section 8.1): "TfL will have regard to the following factors in favour of prosecution: ... The offender has unlawfully used ... a Freedom pass ... issued to named holders other than the offender." It would be worth reading that policy through; section 8.2 contains some factors against prosecution.

Bear in mind that TfL will be able to look at the pattern of use of the pass, and may be able to draw conclusions as to how long this has been going on for.

If you do get a conviction you will need to declare it. Failing to mention it might be considered more serious that the conviction itself. You should look at your employer's policies (perhaps in a staff handbook) to see at what point you need to declare it -- whether as soon as you're asked to plead (this might all be done "on paper" without a need to attend court), or only once you have been convicted.

If you're a member of a trade union you should ask them for advice. If you're in a student union, the student union might be able to advise.

Reply 3

StriderHort

21

Original post by hotpud

If they write to you with a view to prosecution, I would suggest you ring some solicitors for advice. Did they caution you? The fact that they asked you questions which likely you did not understand, nor understand the consequence of the answers you gave could give you grounds for leniency. Also, if you are under a certain age, there may be mitigating factors.

I dunno how credible a claim to not understand those questions or those consequences is without looking like something is seriously wrong with you or you're insulting the investigators intelligence.

It's not like the OP actually said they didn't understand any of it.

Reply 4

ageshallnot

21

Original post by Anonymous #1

Recently, I was caught by a ticket inspector for having my father's freedom pass. They took down my details (name, DOB, address), asked me a questions "do you have a valid ticket", "can you afford to buy a ticket", "do you know you are not allowed to travel without a ticket". Unwisely, I said yes to the first and no to the rest. They then made me sign ( I think it is a witness statement). I told them I was using it because my dad is sick and he is the main earner, they didn't seem to care. After that, they said TFL will write to me and consider to prosecute me.They confiscated the freedom pass too.

My question is, how screwed am I? I can manage to pay the fine, but getting a criminal record is something that would be career ending (I work in finance and will probably lose the qualifcation i am studying for).

Yes, hopefully.

Reply 5

Anonymous #2

TFL have indicated recently that they intend to take tougher action on fare evaders (see the February press release on their website).

"During 2023, TfL prosecuted 19,614 people for fare evasion, an increase of 56 per cent on 2022, and investigated 421 people for habitual fare evasion. "

So despite doubling prosecutions over the last year, they intend to increase them.

According to an article published last year

" The transport authority classifies fare evaders in three categories, the first two of which cover accidental and opportunistic evasion. The third category is – where most of its work tackle the problem is targeted – is ‘chronic’ fare evaders. "

Noone here knows how TFL will class your habitual use of another person's card once they've analysed your use of it. You will hear in due course.

However, TFL has published on their prosecutions webpage a Revenue Enforcement and Prosecutions Policy. This gives information on their prosecution criteria.

One of the criteria in favour of prosecuting a fare evader is the use of a freedom pass issued in another person's name.

Reply 6

hotpud

18

Original post by StriderHort

I dunno how credible a claim to not understand those questions or those consequences is without looking like something is seriously wrong with you or you're insulting the investigators intelligence.

It's not like the OP actually said they didn't understand any of it.

When the police ask such questions, they read out a caution which warns you that anything you say may be taken in evidence etc etc. At this point, you have the right to remain silence. Here we have a power imbalance. We have authority asking questions which can be used to incriminate the person being asked.

This isn't about right and wrong. It sounds to me as if the OP admits they were in the wrong. But we live in a country where you are innocent until proven guilty and where the state is not permitted to encourage potential offenders to incriminate themselves under duress. That is my point.

Reply 7

Anonymous #2

Original post by hotpud

When the police ask such questions, they read out a caution which warns you that anything you say may be taken in evidence etc etc. At this point, you have the right to remain silence. Here we have a power imbalance. We have authority asking questions which can be used to incriminate the person being asked.

This isn't about right and wrong. It sounds to me as if the OP admits they were in the wrong. But we live in a country where you are innocent until proven guilty and where the state is not permitted to encourage potential offenders to incriminate themselves under duress. That is my point.

It doesn't sound anything more than the kind of standard information gathering that takes place by many operational staff in many settings.

For example, Security staff dealing with a shoplifter, Benefit staff encountering potential benefit fraud, Housing Officers dealing with a illegal subletting by a social housing tenant, and so forth. All of this happens prior to Police or Criminal Justice engagement.

The information collected can provide evidence that could lead to a prosecution but it is strange that you think there is an obligation for frontline customer service staff to provide a formal caution when they are dealing with potentially criminal behaviour.

Reply 8

Zarek

21

Get some experienced legal advice immediately. From what you describe it’s likely they will progress with prosecution unless someone can help present your mitigating circumstances persuasively. Also, there are second chances for people that make mistakes and I don’t believe a conviction would set your career back for ever

Reply 9

martin7

20

Original post by Anonymous #2

It doesn't sound anything more than the kind of standard information gathering that takes place by many operational staff in many settings.

For example, Security staff dealing with a shoplifter, Benefit staff encountering potential benefit fraud, Housing Officers dealing with a illegal subletting by a social housing tenant, and so forth. All of this happens prior to Police or Criminal Justice engagement.

The information collected can provide evidence that could lead to a prosecution but it is strange that you think there is an obligation for frontline customer service staff to provide a formal caution when they are dealing with potentially criminal behaviour.

I suspect the OP was dealing with a TfL Revenue Inspector rather than frontline customer service staff.

The Revenue Enforcement and Prosecutions Policy covers this in section 11: 'TfL Revenue Inspectors will “caution” any suspect in accordance with the Police and Criminal Evidence Act 1984 (PACE), where questions put to the suspect are likely to result in admissions or confessions prejudicial to the suspect’s case.'

Will I get prosecuted for fare evasion?

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