Pls help! TFL Single Justice Procedure plea FARE EVASION prosecution

[erika94421]

Hi all,
Please help/advise me I really urgently need it! On 4th November 2024, I have received a Single Justice Procedure notice (SJPN) and have until 25th November 2024 to send my plea by email or post. On the 16th of October 2024, I was running and rushing late to my university lecture and stupidly forgot to tap in at my local station -Pudding Mill Lane DLR so I took 1 stop to Stratford where I was going to tap in but then there were the TFL ticket inspectors and they stopped me and I explained to them that I'm sorry I didn't pay for one stop and that I was going to tap in at Stratford DLR which I have done so after the conversation. He took down my name and address and on the 4th November I've received my SJPN and must make a plea of guilty or not guilty. I tried seeking help from solicitors however I'm a first year uni student with a single mother and have no funds for their prices. I'm not sure on what to plea as I'm scared that even if I plead not guilty they can just say that I still didn't pay for one stop. I'm terrified of going to court and having a criminal conviction/record as I never had anything like this. I think I will have to plea guilty and I'd want to go to court. Is there any advise or people in similar or had similar situations as mine? I wasn't given any penalty fare to pay it was straight away jumped to a prosecution (SJPN) and I only have until the 25th November 2024 to send in my plea by email or post. I only took one stop unpaid from Pudding mill lane DLR to Stratford DLR. Maybe I could say this when I go to court that this seems to be very unfair that I've been prosecuted and facing a criminal record for going one stop (I tapped in at Stratford DLR to continue my journey to uni after) or will they not care and I shouldn't really say anything at the court. Please help me I'm a first year uni student and really am scared that this will impact my life at such an early stage of my career.

Thank you.

 

[island]

What offence have you been charged with?

 

[erika94421]

What offence have you been charged with?

A fare evasion offence. I forgot to tap in as I was rushing to uni and saw my train coming

 

[Hadders]

Welcome to the forum!

Boarding a train without a ticket (or touching in) is a criminal offence and Transport for London take a robust approach and often prosecute in these situations. They should've sent you what is valled a Verification Letter where they ask you to confirm or deny the offence and give any mitigating factors you want them to take into account before thet decide how to proceed. Did you receive this letter? How did you reply?

TfL often prosecute using the Single Justice Procedure Notice. You have three choices in how to proceed:

1. Plead NOT GUILTY - you will have to attend court in person for a trial
2. Plead GUILTY but ask to appear in person. This won't change the fact that you're guilty but you can present any mitigating factors you want the court to take into account before they decide the level of punishment to impose which will be a fine.
3. Plead GUILTY - and give your mitigation in writing when youi reply. The court will consider this and write to you with details of the fine you have to pay.

If you are plead guilty (or are found guilty by the court following a trial) then you will have to pay:

- A fine based on your income
- A surcharge of 40% of the value of the fine
- A contribution towards TfL's costs
- Compensation for the fares avoided

If you are found guilty then this is a criminal conviction. If you are prosecuted under the TfL Bylaws (which is what normally happens) then the conviction isn't normally recorded on the Police National Computer and won't normally appear on Basic DBS checks although we always advise people to be honest when asked if they have a conviction.
A criminal conviction for a railway ticketing matter won't normally affect future career prospects.

Here's a link to TfL's Revenue Enforcement & Prosecutions Policy which you might find worth reading:

https://content.tfl.gov.uk/revenue-enforcement-and-prosecutions-policy.pdf

 

[erika94421]

Welcome to the forum!

Boarding a train without a ticket (or touching in) is a criminal offence and Transport for London take a robust approach and often prosecute in these situations. They should've sent you what is valled a Verification Letter where they ask you to confirm or deny the offence and give any mitigating factors you want them to take into account before thet decide how to proceed. Did you receive this letter? How did you reply?

TfL often prosecute using the Single Justice Procedure Notice. You have three choices in how to proceed:

1. Plead NOT GUILTY - you will have to attend court in person for a trial
2. Plead GUILTY but ask to appear in person. This won't change the fact that you're guilty but you can present any mitigating factors you want the court to take into account before they decide the level of punishment to impose which will be a fine.
3. Plead GUILTY - and give your mitigation in writing when youi reply. The court will consider this and write to you with details of the fine you have to pay.

If you are plead guilty (or are found guilty by the court following a trial) then you will have to pay:

- A fine based on your income
- A surcharge of 40% of the value of the fine
- A contribution towards TfL's costs
- Compensation for the fares avoided

If you are found guilty then this is a criminal conviction. If you are prosecuted under the TfL Bylaws (which is what normally happens) then the conviction isn't normally recorded on the Police National Computer and won't normally appear on Basic DBS checks although we always advise people to be honest when asked if they have a conviction.
A criminal conviction for a railway ticketing matter won't normally affect future career prospects.

Here's a link to TfL's Revenue Enforcement & Prosecutions Policy which you might find worth reading:

https://content.tfl.gov.uk/revenue-enforcement-and-prosecutions-policy.pdf

Hello, thank you your reply! Yes I received the letter on 15/10/24 and wrote them an email stating that I am very sorry and it was one stop that I mistakenly forgot to tap in but I did tap in at Stratford after because I was rushing to my uni lecture. I've mentioned that this procedure is really impacting my mental health as I've been crying all day and it's affecting my studies as I'm really scared of having a criminal record.

 

[erika94421]

Is there a chance for me to plead NOT guilty and to explain that it was one stop that I forgot to tap in for and that I did tap in at Stratford dlr after? I believe this is a really minor offence as I didn't use an expired railcard on multiple journeys or a card that didn't belong to me. I simply forgot to tap in for one single stop as I was rushing to my university and I really regret not doing so but at the time I couldn't think straight. Or should I just plead guilty and attend court and explain to them in person there? Please help

 

[AlterEgo]

What offence have you been charged with?

The attachments have now been added. Bylaw 17 (1)

17. Compulsory ticket areas
(1) No person shall enter a compulsory ticket area on the railway unless he has with him a valid ticket.

 

[Hadders]

Hello, thank you your reply! Yes I received the letter on 15/10/24 and wrote them an email stating that I am very sorry and it was one stop that I mistakenly forgot to tap in but I did tap in at Stratford after because I was rushing to my uni lecture. I've mentioned that this procedure is really impacting my mental health as I've been crying all day and it's affecting my studies as I'm really scared of having a criminal record.

Thanks for confirming. It's your responsibility to make sure you hold a valid ticket or touch in before you board the train. Unfortunately you did not do this which, however harsh it seems, is a criminal offence.

Is there a chance for me to plead NOT guilty and to explain that it was one stop that I forgot to tap in for and that I did tap in at Stratford dlr after? I believe this is a really minor offence as I didn't use an expired railcard on multiple journeys or a card that didn't belong to me. I simply forgot to tap in for one single stop as I was rushing to my university and I really regret not doing so but at the time I couldn't think straight. Or should I just plead guilty and attend court and explain to them in person there? Please help

The court can only decide wither your are guilty or not guilty based on the facts. Based on what you've told us if you plead not guilty you will be found guilty by the court. All that TfL have to demonstrate to the court is that you did not touch in, which reading the inspector's statement, you admitted when you were stopped at Stratford.

I'm afraid it being a minor offence isn't going to change things. The court might take your mitigation into account when deciding teh level of the fine, but it won't change whether you are guilty or not.

It's also worth mentioning that the fine imposed by the vourt if you are guilty is normally reduced by a third if you plead guilty at the earliest opportunity. You will not benefit from a reduction if you plead not guilty but are then found guilty following a trial.

 

[erika94421]

Thanks for confirming. It's your responsibility to make sure you hold a valid ticket or touch in before you board the train. Unfortunately you did not do this which, however harsh it seems, is a criminal offence.


The court can only decide wither your are guilty or not guilty based on the facts. Based on what you've told us if you plead not guilty you will be found guilty by the court. All that TfL have to demonstrate to the court is that you did not touch in, which reading the inspector's statement, you admitted when you were stopped at Stratford.

I'm afraid it being a minor offence isn't going to change things. The court might take your mitigation into account when deciding teh level of the fine, but it won't change whether you are guilty or not.

It's also worth mentioning that the fine imposed by the vourt if you are guilty is normally reduced by a third if you plead guilty at the earliest opportunity. You will not benefit from a reduction if you plead not guilty but are then found guilty following a trial.

Thank you for your response, yes I will plead guilty and reply as soon as possible this week. Do you happen to know how serious the criminal record for this, will I never be able to travel and/or move to other countries or get any visa's because of this offence? I'm very concerned about this matter. Thank you again.

 

[furlong]

So first set out the facts.

Is this pay as you go? Oyster or contactless? If Oyster, any discounts set?
What fare did you actually pay on that day - Stratford to where? Was there any fare capping? How did the fare you paid compare with the correct fare from Pudding Mill Lane?
Does your travel history show a regular pattern of always touching in and out at the right stations - or if someone examined it might they suspect other occasions had missing taps?

Then consider whether any of that might be useful mitigation e.g. showing TfL lost no money or it was much more likely to be a genuine error than a regular one.

Secondly, they've charged you with an offence AT Stratford. So the question arises of WHERE at Stratford did you enter the compulsory ticket area and where was the notice that identified it. (Details of the particular notice ought to have been included in the evidence. In practice, if you pursued this, they might need to try to amend the charge.)

"compulsory ticket area" means any part of the railway identified by a notice stating that no person may enter there without being in possession of a valid ticket;

(Did you enter the compulsory ticket area at Stratford when you got off the train? If so, where was the notice at that point telling you to somehow buy a ticket before stepping off the train?)

== Doublepost prevention - post automatically merged: 12 Nov 2024 ==

26.
Notices
No person shall be subject to any penalty for breach of any of the Byelaws by disobeying a notice unless it is proved to the satisfaction of the Court before whom the complaint is laid that the notice referred to in the particular byelaw was displayed.

Note that it appears to be MANDATORY for TfL to prove to the court that the notice was displayed - even if you plead guilty - BEFORE any penalty can be imposed. This is why it is a surprise that there are no details of the notice in the pack you were sent. (Could this be an example of yet another SJPN problem, suggesting others might have had penalties imposed incorrectly if TfL failed to do this?)

Go back to the platform where you left the train (assuming that is where they allege the offence occurred) and look for any notices telling you not to enter there from a train without being in possession of a valid ticket - and where you were meant to obtain that ticket upon seeing that notice.

 

[erika94421]

So first set out the facts.

Is this pay as you go? Oyster or contactless? If Oyster, any discounts set?
What fare did you actually pay on that day - Stratford to where? Was there any fare capping? How did the fare you paid compare with the correct fare from Pudding Mill Lane?
Does your travel history show a regular pattern of always touching in and out at the right stations - or if someone examined it might they suspect other occasions had missing taps?

Then consider whether any of that might be useful mitigation e.g. showing TfL lost no money or it was much more likely to be a genuine error than a regular one.

Secondly, they've charged you with an offence AT Stratford. So the question arises of WHERE at Stratford did you enter the compulsory ticket area and where was the notice that identified it. (Details of the particular notice ought to have been included in the evidence. In practice, if you pursued this, they might need to try to amend the charge.)



(Did you enter the compulsory ticket area at Stratford when you got off the train? If so, where was the notice at that point telling you to somehow buy a ticket before stepping off the train?)

Thank you for your reply! I always use my contactless apple pay and I travel everyday to my university and always pay my fares. I tapped in at Stratford and used the Elizabeth line to go to Tottenham Court Road which was a few stops overall from Stratford to there would be around £2.40 I'm guessing. However, all together from pudding mill lane DLR to my final destination (Tottenham Court Road) would be £3.40. I was travelling at 9:52am. When you step out of pudding mill lane dlr it's the upstairs platform for DLR. There were no barriers, (it's just a wide open space for people to change platforms or trains) and I had no idea of that space being a compulsory ticket area as it was a wide open space for people to change lines from there were only the small tapping in machines.

 

[erika94421]

So first set out the facts.

Is this pay as you go? Oyster or contactless? If Oyster, any discounts set?
What fare did you actually pay on that day - Stratford to where? Was there any fare capping? How did the fare you paid compare with the correct fare from Pudding Mill Lane?
Does your travel history show a regular pattern of always touching in and out at the right stations - or if someone examined it might they suspect other occasions had missing taps?

Then consider whether any of that might be useful mitigation e.g. showing TfL lost no money or it was much more likely to be a genuine error than a regular one.

Secondly, they've charged you with an offence AT Stratford. So the question arises of WHERE at Stratford did you enter the compulsory ticket area and where was the notice that identified it. (Details of the particular notice ought to have been included in the evidence. In practice, if you pursued this, they might need to try to amend the charge.)



(Did you enter the compulsory ticket area at Stratford when you got off the train? If so, where was the notice at that point telling you to somehow buy a ticket before stepping off the train?)

== Doublepost prevention - post automatically merged: 12 Nov 2024 ==



Note that it appears to be MANDATORY for TfL to prove to the court that the notice was displayed - even if you plead guilty - BEFORE any penalty can be imposed. This is why it is a surprise that there are no details of the notice in the pack you were sent. (Could this be an example of yet another SJPN problem, suggesting others might have had penalties imposed incorrectly if TfL failed to do this?)

Go back to the platform where you left the train (assuming that is where they allege the offence occurred) and look for any notices telling you not to enter there from a train without being in possession of a valid ticket - and where you were meant to obtain that ticket upon seeing that notice.

The image below is the exact place I was stopped by the ticket inspector (yellow circle in the photo) where the ticket machine I tapped on at Stratford. The red arrows are where the ticket inspectors were standing. However, it is a wide space for everyone to walk through and change their platforms/trains so I had no idea that it was even a compulsory ticket area. As soon as people step out from their trains everyone walks through the red arrow.

 

[furlong]

I had no idea that it was even a compulsory ticket area.

And this is the point - in terms of the byelaws, it might not be! They ought to have included details of the relevant notice to prove to the court that it is. You should go back (WITH a valid ticket), seek out all the notices in the area, then decide whether it's a matter you want to raise or not.

 

[AlterEgo]

And this is the point - in terms of the byelaws, it might not be! They ought to have included details of the relevant notice to prove to the court that it is. You should go back (WITH a valid ticket), seek out all the notices in the area, then decide whether it's a matter you want to raise or not.

The CTA is also the platform, is it not? It is surely not a requirement to have a sign so visible from the train one might decide to remain on it so as not to step on the shark infested custard that is the platform CTA?

Isn't Pudding Mill Line also a CTA?

 

[erika94421]

The CTA is also the platform, is it not? It is surely not a requirement to have a sign so visible from the train one might decide to remain on it so as not to step on the shark infested custard that is the platform CTA?

Isn't Pudding Mill Line also a CTA?

I'm sorry but what do you mean by Pudding mill lane being a CTA? What is a CTA? Also yes I will go back tomorrow morning and check, what kind of relevant notices or signs should I look out for exactly?

== Doublepost prevention - post automatically merged: 12 Nov 2024 ==

Also in the letter (in the SJPN) there was a leaflet with some advice on help etc and at the bottom there was this "Why didn't I get an £80 penalty fare? - Penalty fares are usually only issued for lower-level fare evasion offences." So highlighting the 'usually only issued for LOWER-LEVEL fare evasion offences' I have only taken ONE single stop on the DLR (Pudding Mill Lane to Stratford) wouldn't this count as a lower-level fare evasion offence? Why has this just been escalated to a prosecution and court without any initial penalty fare to pay.. ? Could I perhaps plead guilty and mention this at court?

 

[AlterEgo]

I'm sorry but what do you mean by Pudding mill lane being a CTA? What is a CTA? Also yes I will go back tomorrow morning and check, what kind of relevant notices or signs should I look out for exactly?

CTA means compulsory ticket area. The area should have signs to make it one, although it’s unlikely the sign would have to be visible from alighting a train. The signs should warn people who are about to enter one having passed the ticket machine or readers from the street.

== Doublepost prevention - post automatically merged: 12 Nov 2024 ==

Also in the letter (in the SJPN) there was a leaflet with some advice on help etc and at the bottom there was this "Why didn't I get an £80 penalty fare? - Penalty fares are usually only issued for lower-level fare evasion offences." So highlighting the 'usually only issued for LOWER-LEVEL fare evasion offences' I have only taken ONE single stop on the DLR (Pudding Mill Lane to Stratford) wouldn't this count as a lower-level fare evasion offence? Why has this just been escalated to a prosecution and court without any initial penalty fare to pay.. ?

It’s not clear to me why they have chosen to prosecute you. For example, is your home address in the Pudding Mill Lane area? Would they have any reason to doubt you only travelled one stop?

 

[erika94421]

CTA means compulsory ticket area. The area should have signs to make it one, although it’s unlikely the sign would have to be visible from alighting a train. The signs should warn people who are about to enter one having passed the ticket machine or readers from the street.

It’s not clear to me why they have chosen to prosecute you. For example, is your home address in the Pudding Mill Lane area? Would they have any reason to doubt you only travelled one stop?

I was staying over at a friend's place and they live in that area, it's the only train station closest to them which is why I used that station. Ah that is true.. I'm not sure how I could even prove that I did travel one stop. They could check the CCTV cameras outside pudding mill lane DLR but I read someone else's experience that the court didn't care about showing CCTV footage. They just want to deal with it quickly and don't really care much.

 

[furlong]

The CTA is also the platform, is it not? It is surely not a requirement to have a sign so visible from the train one might decide to remain on it so as not to step on the shark infested custard that is the platform CTA?

Is it the platform too? Well what does the notice say? The CTA is *defined* by the presence of the notice. It seems fairly clear ("no person may enter") that this is so that the passenger can be aware of what they are about to do BEFORE entry. Each ticket barrier normally has a small notice on it defining one perimeter. Note the ticket machine in the photo - is there an overhead 'tickets' sign in the other direction too? Might it start after that point?

When you look at the complexity of this area of the Penalty Fares regulations in contrast, the idea that byelaw 17 could so easily be used against people stepping OFF a train left me quite perplexed!

Isn't Pudding Mill Line also a CTA?

They are very specific about both the time and location of the offence - entering a CTA at Stratford - so the situation at Pudding Mill Lane doesn't seem to me to have any relevance to the charge as currently stated. And even with a guilty plea, there still seems to be the active step required by byelaw 26 - proving the actual notice that the offence was to disobey was present - to deal with if any penalty is to be imposed. How does the streamlined SJPN procedure handle this if the required evidence has not been supplied yet - or are we looking at another flawed shortcut leading to yet more cases needing to be reopened?

 

[erika94421]

Is it the platform too? Well what does the notice say? The CTA is *defined* by the presence of the notice. It seems fairly clear ("no person may enter") that this is so that the passenger can be aware of what they are about to do BEFORE entry. Each ticket barrier normally has a small notice on it defining one perimeter. Note the ticket machine in the photo - is there an overhead 'tickets' sign in the other direction too? Might it start after that point?

When you look at the complexity of this area of the Penalty Fares regulations in contrast, the idea that byelaw 17 could so easily be used against people stepping OFF a train left me quite perplexed!


They are very specific about both the time and location of the offence - entering a CTA at Stratford - so the situation at Pudding Mill Lane doesn't seem to me to have any relevance to the charge as currently stated. And even with a guilty plea, there still seems to be the active step required by byelaw 26 - proving the actual notice that the offence was to disobey was present - to deal with if any penalty is to be imposed. How does the streamlined SJPN procedure handle this if the required evidence has not been supplied yet - or are we looking at another flawed shortcut leading to yet more cases needing to be reopened?

I don't remember there being a full on CTA warning, there wasn't any 'no person may enter' sign. I can remember there being small wall stickers saying 'No valid ticket may result in a penalty fare or prosecution' on those blue square stickers only. If I were to mention, (or should I), this at the court how would I go about it and say? Thank you for your help again.

 

[AlterEgo]

I don't remember there being a full on CTA warning, there wasn't any 'no person may enter' sign.

A compulsory ticket area sign merely has to say that it is a compulsory ticket area. Note that I think it is unlikely a court would consider these have to be visible when alighting from a train and I am very uncertain that you have any sort of defence here.

The signs only have to be present and mark the start of the CTA, which begins from the passenger's approach to the station, passing opportunities to pay or tap in.

I can remember there being small wall stickers saying 'No valid ticket may result in a penalty fare or prosecution' on those blue square stickers only.

They also say that it is a compulsory ticket area - see: https://www.ltmuseumshop.co.uk/vintage-shop/underground-signs/embankment-compulsory-ticket-area-sign

 

[erika94421]

A compulsory ticket area sign merely has to say that it is a compulsory ticket area. Note that I think it is unlikely a court would consider these have to be visible when alighting from a train and I am very uncertain that you have any sort of defence here.

The signs only have to be present and mark the start of the CTA, which begins from the passenger's approach to the station, passing opportunities to pay or tap in.


They also say that it is a compulsory ticket area - see: https://www.ltmuseumshop.co.uk/vintage-shop/underground-signs/embankment-compulsory-ticket-area-sign

I see thank you for your response. I have contacted multiple solicitors about my issue and they believe it is really unlucky and unfair however they are charging £700-£1000 for them to draft a letter to send to their prosecutions email team to explain my case and to withdraw it, but I don't have the funds for this so I'm thinking I should write a letter myself and send it to their prosecutions team email and explain my case as I saw in previous forums a person was successful doing this. Do you happen to know of anything I should include in this case for it to be withdrawn? Thank you again.

 

[AlterEgo]

I see thank you for your response. I have contacted multiple solicitors about my issue and they believe it is really unlucky and unfair however they are charging £700-£1000 for them to draft a letter to send to their prosecutions email team to explain my case and to withdraw it, but I don't have the funds for this so I'm thinking I should write a letter myself and send it to their prosecutions team email and explain my case as I saw in previous forums a person was successful doing this. Do you happen to know of anything I should include in this case for it to be withdrawn? Thank you again.

A further issue is that you are unquestionably guilty of at least a Bylaw offence anyway, and the discussion so far has revolved around the technicalities of whether the company has the correct charge.

I think the best approach is simply to write to them and apologise for not tapping in. I suspect the inspector thought it was unlikely you made a one stop journey which is why they didn’t dispose of it with a penalty fare. Did you travel on from Stratford after the encounter? Was your final destination somewhere else? If so, can you evidence the travel?

 

[Malaxa]

A further issue is that you are unquestionably guilty of at least a Bylaw offence anyway, and the discussion so far has revolved around the technicalities of whether the company has the correct charge.

I think the best approach is simply to write to them and apologise for not tapping in. I suspect the inspector thought it was unlikely you made a one stop journey which is why they didn’t dispose of it with a penalty fare. Did you travel on from Stratford after the encounter? Was your final destination somewhere else? If so, can you evidence the travel?

Is the "one stop journey" actually relevant? You could have come from Beckton or Mudchute, for example, the system is unbarriered. I myself wouldn't describe a station near to a friend's house as 'my local station'.