What Constitutes Fare Evasion?
You may face a summons or Notice of Intended Prosecution if you are alleged to have used another person's 60+ Oyster card, Freedom Pass, or Student Zip card; travelled beyond the zones covered by your ticket; failed to tap in at the start of a journey; travelled in First Class with a Standard Class ticket; or provided a false name or address to a revenue protection officer.
Railway Byelaws vs. Regulation of Railways Act 1889
Most TfL prosecutions are brought under Railway Byelaws — strict liability offences where the prosecution does not need to prove intent to avoid the fare, only that you did not hold a valid ticket. Byelaw convictions may not appear on a standard DBS check but can appear on an Enhanced DBS and will be disclosable to professional bodies. National rail operators more frequently use the Regulation of Railways Act 1889, which requires proof of intent to avoid payment. This is a recordable offence that appears on a standard DBS and the Police National Computer.
The Settlement Process
From the moment you receive a letter requesting your account of events, time is running. Do not respond without legal advice — an ill-considered explanation can amount to an admission and may make settlement impossible. We review your case and prepare formal legal representations to the prosecutions department, setting out your professional standing, the absence of previous incidents, and the disproportionate impact a conviction would have. In many cases we are able to negotiate a settlement under which the client pays the outstanding fare and reasonable administrative costs in exchange for the prosecution being withdrawn.
The Single Justice Procedure
If you have received an SJP notice, you must respond within 21 days. The notice will offer you the option of pleading guilty by post. Do not do this without legal advice — in many cases it is possible to resolve the matter through representations without attending court or entering a guilty plea.
