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South West Fare Evasion

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jen8553

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I'm extremely worried after being stopped by a south west inspector this morning at Waterloo. Probably worth mentioning that I've never been stopped for anything like this before and can demonstrate having at least 13 months of back to back season tickets on my current oyster (probably more if I can find my old one).

I usually travel using a zone 1-6 pass from Hampton to Waterloo. I arrived this morning knowing that my pass expired last Thursday and I needed to renew (I was off sick last thurs/fri which can be confirmed by my employer). On arrival the machines were exceptionally busy and slow to process requests. There are two machines and I joined one with about 4 people in front. As time was ticking until the train was about to arrive I stuck my head into the ticket office where the employee was on the phone to Waterloo and advised me to get on at (as there were about 20 other people in my position) and sort it out at waterloo. He was apparently advising waterloo of the issues.

At Waterloo I intended to continue on my journey using the underground to Tottenham Court Road, I was in a rush to make a 9am meeting, so given the queue of people to be processed by the staff on the train side of the gates I walked through the barriers to buy my pass on the otherside.

I was immediately stopped by an inspector who said this wasn't a petty fare crime and I was facing criminal prosecution. Although he said I wouldn't have been able to buy a zone 1-6 pass on the train side anyway and that buying one after the event wouldn't have covered my journey.

He documented my story and was very aggressive in as much as he barely let me speak, couldn't read his own writing when recalling my version of events back to me, said that Hampton did not use Oysters and that as my oyster didn't have £2 worth of credit I wouldn't have been let through the barriers regardless of having a season ticket (which simply isn't true, this pass never had credit on it, only season tickets). Finally he implied that as the pass had run out last Thursday and it is now Monday I've clearly done this more than once.

I'm so angry at myself for having tried to save myself 10 minutes and cutting through the barrier. What is the likelihood of getting a court summons and prosecuted for this? I don't even know if I can continue in my current job if I get a criminal record.

Please, help!
 
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island

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Unfortunately it's a criminal offence to pass through ticket gates otherwise than in the correct manner. As you were given leave to join the train without a ticket by an authorised person at Hampton, you should have waited or asked to be let out in order to sort out your ticket. Next time, consider buying it online.

In the meantime, you'll have to wait to hear from South West Trains about its plans on how to deal with the criminal offence you've committed.
 

jen8553

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Will they always prosecute or is there a chance that they will look at my story, past record and give me a fine?
 
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tony6499

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Will they always prosecute or is there a chance that they will look at my story, past record and give me a fine?

A fine can only be given by the courts, you wish SWT to settle matters out of court on receipt of an acceptable fee
 

Class377

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and how willing are they to normally do that? do they propose it?

How willing they are generally depends on how much you offer them! There is a good chance that in the coming weeks they'll be writing to you asking for your side of the story or sending a notice of intended prosecution. Once this is received, you can write back a grovelling (but succinct) letter expressing remorse and offering to pay a settlement to keep it out of court.

Note that if, for any reason, SWT were to catch you again (or, indeed, if this is not your first time dealing with them in such a matter), they would be much less likely to accept a settlement.
 

najaB

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I'm so angry at myself for having tried to save myself 10 minutes and cutting through the barrier. What is the likelihood of getting a court summons and prosecuted for this? I don't even know if I can continue in my current job if I get a criminal record.
I would think that SWT would be likely to accept a settlement if this is your first offence. Typical amounts are the cost of the ticket and somewhere between £80 and £150 for costs.
 

DelayRepay

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It would be worth adding some Pay As You Go credit to your Oyster, then if you find yourself in this situation again you can touch in at the start of your journey and you'll have a valid ticket. The Oyster should cap at the one day Travelcard rate if you travel enough, so it'll cost more than a fifth of a weekly pass but it's probably worth it if you're likely not to have time to buy your pass at the station in the morning.
 

Goldfish62

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Unfortunately it's a criminal offence to pass through ticket gates otherwise than in the correct manner. As you were given leave to join the train without a ticket by an authorised person at Hampton, you should have waited or asked to be let out in order to sort out your ticket. Next time, consider buying it online.

In the meantime, you'll have to wait to hear from South West Trains about its plans on how to deal with the criminal offence you've committed.

I believe only deliberate fare evasion is a criminal offence. Not having a ticket/the right ticket, but being willing to pay is a civil offence.

What is not passing through the barrier in the correct manner? While doing the tango?? It just sound a load of pompous nonsense about the barriers.
 

Flamingo

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I believe only deliberate fare evasion is a criminal offence. Not having a ticket/the right ticket, but being willing to pay is a civil offence.

What you believe doesn't matter. You are wrong.
 

najaB

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I believe only deliberate fare evasion is a criminal offence. Not having a ticket/the right ticket, but being willing to pay is a civil offence.

What is not passing through the barrier in the correct manner? While doing the tango?? It just sound a load of pompous nonsense about the barriers.
Unfortunately you are mistaken in that belief. Not being able to produce a ticket on request is a criminal offence, as is not passing through the barriers in a correct manner.

They are non-recordable, but criminal none the less.
 

DelayRepay

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At Waterloo I intended to continue on my journey using the underground to Tottenham Court Road, I was in a rush to make a 9am meeting, so given the queue of people to be processed by the staff on the train side of the gates I walked through the barriers to buy my pass on the otherside.

How exactly did you get through the barriers? Were they open or did you tailgate someone else through?
 

MikeWh

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It would be worth adding some Pay As You Go credit to your Oyster, then if you find yourself in this situation again you can touch in at the start of your journey and you'll have a valid ticket. The Oyster should cap at the one day Travelcard rate if you travel enough, so it'll cost more than a fifth of a weekly pass but it's probably worth it if you're likely not to have time to buy your pass at the station in the morning.
It'll cap at less than the one day travelcard and almost one fifth of a weekly travelcard since the January fares change.
 

DaveNewcastle

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This is incorrect:
I believe only deliberate fare evasion is a criminal offence. Not having a ticket/the right ticket, but being willing to pay is a civil offence.

What is not passing through the barrier in the correct manner? While doing the tango?? It just sound a load of pompous nonsense about the barriers.
For example, a failure to present a valid ticket for inspection on demand is an Offence. Entering a train without a valid ticket is an Offence. [proscribed exemptions exist].

Have you read the conditions for posting advice in this section? Here: Please read before posting in Disputes & Prosecutions
 
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island

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How exactly did you get through the barriers? Were they open or did you tailgate someone else through?

Given that the OP reported a queue of people waiting to be seen by a staff member doing tickets on arrival, it is a safe bet that the gates were not open.
 

SWTCommuter

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What is not passing through the barrier in the correct manner?

The correct way is quite simple: gold card in right hand, briefcase and furled umbrella in left hand. On successfully passing through the barrier, one's bowler hat should be doffed respectfully to the gateline staff before proceeding briskly out of the station.
 
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