TFL Fare Evasion - Advice needed

[VikkiD04]

Hi there,

I think to best explain my situation I will just send the email I sent to the IAP:

Good Evening!

On Wednesday 14th May I was on my way back from a concert at the O2 - Peninsula Square.

The gates at the O2 underground station were broken (or just stuck due to the amount of people leaving from the concert), and I tried to scan my phone but for some reason it did not work.
I assumed that if you do not scan in, but scan out, it would charge you the maximum fare which I was prepared for as there were thousands of people behind me also trying to enter the underground, so I accepted this.
I was very stressed and anxious at this time as I had already missed the last train back to _____ and my phone was nearly dead, so I was in a rush to at least get the last train to _____, and did not want to hold up the mass of people behind me.

When I arrived at London Waterloo, I put my phone up to the scanner and unfortunately thought I had scanned the gate, so I kept on going.
I proceeded to quickly get stuck in the gates, and due to me being exhausted from the concert, and also stressed and anxious due to my train and phone situation, I was very confused and did not have enough time to step back behind the gate.
When I was pulled aside by the guard, I complied and tried to explain my situation and had offered to scan the gates again, as I did not mean to go through, I was just in a rush and very anxious.


This was a genuine mistake and my only time ever doing something like this and it is really bothering me.
I'm just wondering if I have any chance of being let off with a warning or something, I am not sure how this works.

Thank you!

 

[enyoueffsea]

I do not quite understand what you suggest happened at Waterloo? Did you essentially attempt to tailgate someone else and the gate closed on you causing the guard to notice and pull you to one side?

I suspect your initial part of this story is fairly believable, but to do the above (if that is correct), really becomes a significant disadvantage to you.

One failed attempt to scan, plausible, but two on the same trip? Not as much.

We have seen it’s possible with TfL to obtain a warning if you instruct a solicitor (prepare to pay c£1,000 for the privilege), other than that, it’s very infrequently and often in specific circumstances where people have been successful in avoiding prosecution.

 

[AlterEgo]

Where exactly were you caught? Having actually gone through the gate? How did you get stuck in them? Did the staff see you hadn’t scanned in at the original? What, if anything did you admit to when questioned?

 

[VikkiD04]

I do not quite understand what you suggest happened at Waterloo? Did you essentially attempt to tailgate someone else and the gate closed on you causing the guard to notice and pull you to one side?

I suspect your initial part of this story is fairly believable, but to do the above (if that is correct), really becomes a significant disadvantage to you.

One failed attempt to scan, plausible, but two on the same trip? Not as much.

We have seen it’s possible with TfL to obtain a warning if you instruct a solicitor (prepare to pay c£1,000 for the privilege), other than that, it’s very infrequently and often in specific circumstances where people have been successful in avoiding prosecution.

Yeah the gate was open because someone else had gone through, and I thought I scanned the gate and that it would then stay open so I went through and then got caught in the gates. The guard stopped me right after the gate.
The gates at the o2 didn't scan for some reason, the gates at waterloo did not fail to scan, they were working fine, I must've just missed the scanner as I was pretty much running through the station.

I definitely do not have the money for a solicitor, I'm a student and unfortunately unemployed, do you know how much the fine usually is? And how bad is the criminal record afterwards? I literally have no idea how any legal stuff works and it's all very confusing to me.

 

[WesternLancer]

Hi there,

I think to best explain my situation I will just send the email I sent to the IAP:

Good Evening!

On Wednesday 14th May I was on my way back from a concert at the O2 - Peninsula Square.

The gates at the O2 underground station were broken (or just stuck due to the amount of people leaving from the concert), and I tried to scan my phone but for some reason it did not work.
I assumed that if you do not scan in, but scan out, it would charge you the maximum fare which I was prepared for as there were thousands of people behind me also trying to enter the underground, so I accepted this.
I was very stressed and anxious at this time as I had already missed the last train back to _____ and my phone was nearly dead, so I was in a rush to at least get the last train to _____, and did not want to hold up the mass of people behind me.

When I arrived at London Waterloo, I put my phone up to the scanner and unfortunately thought I had scanned the gate, so I kept on going.
I proceeded to quickly get stuck in the gates, and due to me being exhausted from the concert, and also stressed and anxious due to my train and phone situation, I was very confused and did not have enough time to step back behind the gate.
When I was pulled aside by the guard, I complied and tried to explain my situation and had offered to scan the gates again, as I did not mean to go through, I was just in a rush and very anxious.


This was a genuine mistake and my only time ever doing something like this and it is really bothering me.
I'm just wondering if I have any chance of being let off with a warning or something, I am not sure how this works.

Thank you!

What is the IAP ?

 

[AlterEgo]

Yeah the gate was open because someone else had gone through, and I thought I scanned the gate and that it would then stay open so I went through and then got caught in the gates. The guard stopped me right after the gate.
The gates at the o2 didn't scan for some reason, the gates at waterloo did not fail to scan, they were working fine, I must've just missed the scanner as I was pretty much running through the station.

You’ll have a job on your hands to convince TfL that you both:

- failed to tap in and pay your fare at the origin by mistake, and
- also accidentally tailgated someone (which is very hard to do if you’re trying to tap your card or device) resulting in you getting a free journey.

One or other of those things is quite unlikely, two of them together one after the other is extremely unlikely.

I definitely do not have the money for a solicitor, I'm a student and unfortunately unemployed, do you know how much the fine usually is?

You will need to pay a fine linked to your income. If you don’t have an income it is assumed to be £120 a week. You’ll need to pay the evaded fare and the prosecution costs as well as a surcharge. It’ll probably cost £500.

And how bad is the criminal record afterwards? I literally have no idea how any legal stuff works and it's all very confusing to me.

The criminal record is spent after one year. Unlock is a charity which can help with this.

 

[ohnoes]

What is the IAP ?

It is what TfL call their investigations, appeals and prosecutions team.

 

[WesternLancer]

It is what TfL call their investigations, appeals and prosecutions team.

Thanks

 

[dmncf]

Hi @VikkiD04
Were the ticket gates all open when you started your journey?
Did the TfL guard at Waterloo take your details, such as your name and address?

 

[ohnoes]

It looks like OP has already had the verification letter from TfL, hence their message to IAP in the first post.

 

[VikkiD04]

Hi
Yeah the ticket gates at the o2 were all just stuck open, I assume from the amount of people going through.
Yes he did take my details, that's why I got the verifaction letter.

Hi @VikkiD04
Were the ticket gates all open when you started your journey?
Did the TfL guard at Waterloo take your details, such as your name and address?

== Doublepost prevention - post automatically merged: 19 May 2025 ==

You’ll have a job on your hands to convince TfL that you both:

- failed to tap in and pay your fare at the origin by mistake, and
- also accidentally tailgated someone (which is very hard to do if you’re trying to tap your card or device) resulting in you getting a free journey.

One or other of those things is quite unlikely, two of them together one after the other is extremely unlikely.


You will need to pay a fine linked to your income. If you don’t have an income it is assumed to be £120 a week. You’ll need to pay the evaded fare and the prosecution costs as well as a surcharge. It’ll probably cost £500.



The criminal record is spent after one year. Unlock is a charity which can help with this.

I understand that it is unlikely, but unfortunately that is what happened. They have it on cctv, so I am assuming they will see the gates at the o2 being broken, and that I put my phone up to the scanners at London Waterloo, but by the sounds of it, it won't be enough for them to accept my appeal.
Thank you for answering my questions.

 

[notmyrealname]

Could you show us the letter please? They're fairly standard but it helps to have a look. Cover up your personal details and any reference numbers though.

 

[VikkiD04]

Could you show us the letter please? They're fairly standard but it helps to have a look. Cover up your personal details and any reference numbers though.

It seems to just be the standard verification letter.

 

[John R]

AIUI, when there is a big event entering or exiting, it is usual for TfL to leave the gates open and advise people to walk through, with the tap at the other end then enabling the system to auto-populate the station (on the assumption that you tapped at the gates on the other journey to/from the event). So that may be why the gates were open?

 

[VikkiD04]

AIUI, when there is a big event entering or exiting, it is usual for TfL to leave the gates open and advise people to walk through, with the tap at the other end then enabling the system to auto-populate the station (on the assumption that you tapped at the gates on the other journey to/from the event). So that may be why the gates were open?

Yes I tapped for the same journey but waterloo-o2 earlier that day.
I didn't know they just sometimes leave the gates open that's good to know for future reference thank you.

 

[WesternLancer]

I definitely do not have the money for a solicitor, I'm a student and unfortunately unemployed, do you know how much the fine usually is? And how bad is the criminal record afterwards? I literally have no idea how any legal stuff works and it's all very confusing to me.

I think this has generally been answered by @AlterEgo - also I think if you plead guilty at an 'early opportunity' (either via the SJPN process or in court I assume) there is a reduction on the court fine element.

More broadly in terms of impact I suspect it's reasonable to assume that hundreds of students get caught for fare evasion offences (deliberate or otherwise) every year on TfL - I'd tend to suggest that whilst you need to take it seriously (as you are doing) in the great scheme of things it's not likely to be considered highly serious on the scale of offending.

As a student it's worth you going to see your student union / student advice serve for some confidential advice on this - eg if you need to declare it to your university for example. I suspect for some courses it would be more significant than others in terms of the importance of declaring it (eg if you are studying medicine or teacher training for example, as compared with perhaps studying English) - but it's always said on here that avoiding declaring something you are supposed to declare is almost always considered more serious than the fare evasion itself by the organisation you are supposed to declare it to. So if you do get a conviction for this do check this out. You could ask them now if you want to know 'what if....' (you might even get some useful practical advice form the Student Union or their advice service about the case at this stage) or you could wait to ask them if a conviction actually happens. Their services should be available over the summer holidays and it shouldn't matter that term will soon end.

 

[AlterEgo]

I understand that it is unlikely, but unfortunately that is what happened. They have it on cctv, so I am assuming they will see the gates at the o2 being broken, and that I put my phone up to the scanners at London Waterloo, but by the sounds of it, it won't be enough for them to accept my appeal.

There is no right of appeal as such - you have been caught committing an offence, which they will probably charge under the TfL Bylaws, likely under 9. (2):

(2) Where the entrance to or exit from any platform or station on the railway is via a manned or automatic ticket barrier no person shall enter or leave the station, except with permission from an authorised person, without passing through the barrier in the correct manner.

What you have been asked for is whether you accept or deny committing an offence, and whether you have anything to say about it, which makes it not an appeal, but rather a way for them to collect evidence to support a prosecution, and a way to examine any mitigation.

This is a strict liability matter; you do not have to intend to tailgate to be guilty of it, much like speeding ("I didn't mean to do 40 in a 30" isn't a defence).

They won't look at CCTV as it is not relevant to the fundamentals of the offence, namely that you passed through a barrier, and it sounds like you forced it and ended up on the other side, having not followed the previous person through quickly enough. That is what it will look like to them.

TfL do occasionally dispose of lower level offences with a warning (the advice about getting a solicitor would generally apply if you were caught with a stolen/"borrowed" free pass - there are a lot of those cases!). It may be that in your case they decide to do this, although if you'd have held off sending the email we could have helped you tweak it; this is a formal matter which can result in criminal prosecution, so starting it with "good evening!" and closing with "thank you!" isn't really what we'd advise!

 

[Titfield]

AIUI, when there is a big event entering or exiting, it is usual for TfL to leave the gates open and advise people to walk through, with the tap at the other end then enabling the system to auto-populate the station (on the assumption that you tapped at the gates on the other journey to/from the event). So that may be why the gates were open?

It is a health and safety measure to avoid crush injuries.

 

[John R]

It is a health and safety measure to avoid crush injuries.

That makes sense. And when I've been to Wimbledon (Southfields) the system has correctly auto-populated the journey later in the day after the return journey.

 

[Haywain]

That makes sense. And when I've been to Wimbledon (Southfields) the system has correctly auto-populated the journey later in the day after the return journey.

It's quite normal at big events although auto populing the journey origin doesn't work if you arrived by a different method!

 

[VikkiD04]

I think this has generally been answered by @AlterEgo - also I think if you plead guilty at an 'early opportunity' (either via the SJPN process or in court I assume) there is a reduction on the court fine element.

More broadly in terms of impact I suspect it's reasonable to assume that hundreds of students get caught for fare evasion offences (deliberate or otherwise) every year on TfL - I'd tend to suggest that whilst you need to take it seriously (as you are doing) in the great scheme of things it's not likely to be considered highly serious on the scale of offending.

As a student it's worth you going to see your student union / student advice serve for some confidential advice on this - eg if you need to declare it to your university for example. I suspect for some courses it would be more significant than others in terms of the importance of declaring it (eg if you are studying medicine or teacher training for example, as compared with perhaps studying English) - but it's always said on here that avoiding declaring something you are supposed to declare is almost always considered more serious than the fare evasion itself by the organisation you are supposed to declare it to. So if you do get a conviction for this do check this out. You could ask them now if you want to know 'what if....' (you might even get some useful practical advice form the Student Union or their advice service about the case at this stage) or you could wait to ask them if a conviction actually happens. Their services should be available over the summer holidays and it shouldn't matter that term will soon end.

Oh I won't be affected in terms of my student life, I literally just finished my course today and graduate soon, so I won't even have the opportunity to declare anything. I also studied Photography, so it wouldn't have affected my studies.
For future jobs, I mean if it's only a year that it is considered unspent, I will be fine. I was never going to not declare it anyways, because I don't think that my case of fare evasion for £3, only ever offence, and by accident is that bad. I'd also not be going for any job where it would be a hindrance. Don't get me wrong, I am fully aware it is a criminal offence, but in the grand scheme of things it's not like I've committed something very serious that is likely to affect my future career.
I will plead guilty with the SJPN process, as I assume that is what I will recieve, and hope the fine is slightly discounted.
At the end of the day, I know I'm a good person who made an honest mistake and I won't let this get to me as I am only young and my life is definitely not over because of the TFL not being very understanding.
Thank you very much for the advice!

== Doublepost prevention - post automatically merged: 19 May 2025 ==

There is no right of appeal as such - you have been caught committing an offence, which they will probably charge under the TfL Bylaws, likely under 9. (2):

(2) Where the entrance to or exit from any platform or station on the railway is via a manned or automatic ticket barrier no person shall enter or leave the station, except with permission from an authorised person, without passing through the barrier in the correct manner.

What you have been asked for is whether you accept or deny committing an offence, and whether you have anything to say about it, which makes it not an appeal, but rather a way for them to collect evidence to support a prosecution, and a way to examine any mitigation.

This is a strict liability matter; you do not have to intend to tailgate to be guilty of it, much like speeding ("I didn't mean to do 40 in a 30" isn't a defence).

They won't look at CCTV as it is not relevant to the fundamentals of the offence, namely that you passed through a barrier, and it sounds like you forced it and ended up on the other side, having not followed the previous person through quickly enough. That is what it will look like to them.

TfL do occasionally dispose of lower level offences with a warning (the advice about getting a solicitor would generally apply if you were caught with a stolen/"borrowed" free pass - there are a lot of those cases!). It may be that in your case they decide to do this, although if you'd have held off sending the email we could have helped you tweak it; this is a formal matter which can result in criminal prosecution, so starting it with "good evening!" and closing with "thank you!" isn't really what we'd advise!

I understand your view on the situation however, if the TFL is so set on prosecuting that they do not even check the CCTV, I don't think that me starting off my email with 'Good evening!' will realistically be the decider. I don't regret being nice regardless of the situation, as this email was still sent to a human! My response was still very clear and formal and the 'thank you' was for the end of my post not the email, as I ended the email with Kind regards.
It would be nice to have the case disposed, but I have come to terms with the fact it most likely won't be, as from what I have seen they don't exactly seem very understanding!
At the end of the day, I accidentally evaded one fare, regardless of what the TFL thinks, so I won't let it get to me. I understand that it is a criminal offence, but it is not like I committed a more serious offence that would actually harm my future career.
Thank you for your advice!

 

[furlong]

When there's a large event happening, they leave the gates open and then if you'd touched out without touching in they automatically fill in the missing touch (easy if you earlier made the journey in the opposite direction) and don't charge a maximum fare.

I have two theories:
1) You weren't aware of this and thought that if you touched out you'd get a maximum fare so tried to avoid this by trying to get through the barrier without touching by following someone and you were observed doing this.
2) You got the timing of the touch wrong so it didn't register properly (there are brief 'lock out' periods during normal operation during which barriers won't accept a touch - indicated by red light on the reader) and you got trapped in the gate.

When trapped did you go backwards or push through forwards? Were you aware that you always need to look at the coloured indicator lights when touching? At Waterloo, was it a wide gate or a narrow gate?
If CCTV is relevant, they'll check it and you can ask for a copy if you think it'll support your case of what happened at Waterloo being unintentional.

They'll need to show you didn't pass "through" the barrier in the "correct" manner.

 

[jumble]

Hi there,

I think to best explain my situation I will just send the email I sent to the IAP:

"Good Evening!

On Wednesday 14th May I was on my way back from a concert at the O2 - Peninsula Square.

The gates at the O2 underground station were broken (or just stuck due to the amount of people leaving from the concert), and I tried to scan my phone but for some reason it did not work.
I assumed that if you do not scan in, but scan out, it would charge you the maximum fare which I was prepared for as there were thousands of people behind me also trying to enter the underground, so I accepted this.
I was very stressed and anxious at this time as I had already missed the last train back to _____ and my phone was nearly dead, so I was in a rush to at least get the last train to _____, and did not want to hold up the mass of people behind me.

When I arrived at London Waterloo, I put my phone up to the scanner and unfortunately thought I had scanned the gate, so I kept on going.
I proceeded to quickly get stuck in the gates, and due to me being exhausted from the concert, and also stressed and anxious due to my train and phone situation, I was very confused and did not have enough time to step back behind the gate.
When I was pulled aside by the guard, I complied and tried to explain my situation and had offered to scan the gates again, as I did not mean to go through, I was just in a rush and very anxious."


This was a genuine mistake and my only time ever doing something like this and it is really bothering me.
I'm just wondering if I have any chance of being let off with a warning or something, I am not sure how this works.

Thank you!

You have been very unlucky as TFL Policy is to generally issue a penalty fare for a first time offence unless there is more to this than you are telling us.
I would be minded to write and ask if they could treat you as a first time offender


Enforcement Strategy
Transport for London’s enforcement strategy for fare evasion effectively gives the benefit of the
doubt to passengers when detected for most first-time offences. Inspectors can check if a passenger
has previously been issued a Penalty Fare (PF) or reported for consideration of prosecution, in the
preceding 12 months. If nothing is known, they are treated as a first-time offender. First offences
are most often dealt with by the issue of an £80 PF (reduced to £40 if paid within 21 days). This
covers most fare evasion irregularities detected on the network.

 

[VikkiD04]

When there's a large event happening, they leave the gates open and then if you'd touched out without touching in they automatically fill in the missing touch (easy if you earlier made the journey in the opposite direction) and don't charge a maximum fare.

I have two theories:
1) You weren't aware of this and thought that if you touched out you'd get a maximum fare so tried to avoid this by trying to get through the barrier without touching by following someone and you were observed doing this.
2) You got the timing of the touch wrong so it didn't register properly (there are brief 'lock out' periods during normal operation during which barriers won't accept a touch - indicated by red light on the reader) and you got trapped in the gate.

When trapped did you go backwards or push through forwards? Were you aware that you always need to look at the coloured indicator lights when touching? At Waterloo, was it a wide gate or a narrow gate?
If CCTV is relevant, they'll check it and you can ask for a copy if you think it'll support your case of what happened at Waterloo being unintentional.

They'll need to show you didn't pass "through" the barrier in the "correct" manner.

Yeah at the time I wasn't aware they were open for a reason and it confused me.
I was prepared to pay the maximum fare, as believe it or not I'd much rather that than committing a crime.
I was just barely caught on my back so I kept on going, as again I wasn't exactly fully there, because I was exhausted, and also was not expecting to be caught in the gates so I was kinda on autopilot.
I was aware that there are lights, but once again I was in a rush and I did not think about any of this as all I had on my mind was getting home.
From other people's responses it doesn't seem like they will look at CCTV, but it would be nice if they did, because I did put my phone up to the scanner, or at least I tried to.

 

[Haywain]

You have been very unlucky as TFL Policy is to generally issue a penalty fare for a first time offence

That might be true in some instances but we have seen on previous occasions that they take a hard line for offences of not passing through the barriers in the correct manner.

 

[VikkiD04]

You have been very unlucky as TFL Policy is to generally issue a penalty fare for a first time offence unless there is more to this than you are telling us.
I would be minded to write and ask if they could treat you as a first time offender


Enforcement Strategy
Transport for London’s enforcement strategy for fare evasion effectively gives the benefit of the
doubt to passengers when detected for most first-time offences. Inspectors can check if a passenger
has previously been issued a Penalty Fare (PF) or reported for consideration of prosecution, in the
preceding 12 months. If nothing is known, they are treated as a first-time offender. First offences
are most often dealt with by the issue of an £80 PF (reduced to £40 if paid within 21 days). This
covers most fare evasion irregularities detected on the network.

Unfortunately, that is the full story from my perspective.
I have no reason to leave anything out or lie, nor would it even help my case, as the TFL can just watch the CCTV if they choose to, so lying would just make things way worse for me.
I have never before committed any offence regarding the TFL or any train service.
When I was questioned, the guard did not really ask me any questions or anything he just took my details and told me I'd get a letter and this is where I have ended up.
I can always try and send another email with this, but I am not sure that it would help considering it instantly reached this stage.
Thank you for your advice!

 

[furlong]

So you went completely "through" and so are clearly within the scope of the byelaw mentioned earlier.

Have you actually checked what the system says about your touches that day and confirmed both touch in and touch out are indeed missing? (You can register an account on the TfL website or in the TfL Go app and add the card you used to do this.)

Think if you want to ask for the CCTV. That should reveal precisely what happened, observing the person before you and then you (if reviewed by someone with detailed knowledge of gate operation).

 

[AlterEgo]

You have been very unlucky as TFL Policy is to generally issue a penalty fare for a first time offence unless there is more to this than you are telling us.

You cannot be penalty fared for passing through the barrier in an improper manner. The OP is not likely to be charged with a fares-related offence.

From other people's responses it doesn't seem like they will look at CCTV, but it would be nice if they did, because I did put my phone up to the scanner, or at least I tried to.

It would not be relevant to the mechanics of the offence because you are not asking them to consider you holding your phone up (and still not pay the fare) as a defence. It's like asking the police to see if there's video of you driving legally a mile before you were caught speeding.

TfL prosecutes about 20,000 people a year so their prosecution department is very busy with strict liability offences. It's a bit of a factory; they won't watch CCTV unless they're building a large fraud case against people who are bumping thousands of pounds worth of fares. But how you reply is important - if you apologise, take responsibility and accept the wrongdoing, show how seriously you take the matter, and commit to not doing it again, you always have a chance of being let off. This is one of the lower level offences they deal with and not one that TfL treats with highest seriousness.

 

[VikkiD04]

So you went completely "through" and so are clearly within the scope of the byelaw mentioned earlier.

Have you actually checked what the system says about your touches that day and confirmed both touch in and touch out are indeed missing? (You can register an account on the TfL website or in the TfL Go app and add the card you used to do this.)

Think if you want to ask for the CCTV. That should reveal precisely what happened, observing the person before you and then you (if reviewed by someone with detailed knowledge of gate operation).

I've checked my bank account, and the only charge I have from that day is when I made the same journey but going the other direction previously in the day.

I am not going to ask for CCTV as I don't think it will help me. If they choose not to believe my story in writing, I don't think that they will believe it seeing it happen on CCTV either. It would just show what I have already told them, and like you said since I am 'clearly within the scope', it would not help my case.