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TfL Fare evasion.

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MboroFC

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Hi guys,

I was caught with my father's freedom pass in oct 2025. Revenue protection officers caught me at Euston sq, I tried to walk away but they grabbed me.
I received a letter of requisition and I am to be summoned at Magistrates' in April. 52 journeys are suspected for £180, but only £77 was me with 11 journeys (the rest was my father rightfully using his pass). I do not really want to contest this and look for further investigation.
I do not want a criminal record as I am a masters student, looking for a career in high-government, and such a conviction seems very excessive.
How long does it take for the conviction to be 'spent', and what does this actually mean? Can i still work in government? how does this limit me?

I have no prior convictions, no other PCN paid to the network, and I am deep in my overdraft and have quite a bit of credit card debt. I want to argue that a conviction is not in the public interest; who do I address such to? What other tips do you have.

Thanks.

== Doublepost prevention - post automatically merged: ==

Also, any recommendations of pro bono solicitors in ldn that help with this?
How wouldn't it be in public interest? Please come to your senses. There's no special treatment for people who want to be in Government, and infact it's very much the opposite.
 
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furlong

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I do not want a criminal record as I am a masters student, looking for a career in high-government, and such a conviction seems very excessive.

On the contrary - it might not seem it, but the approach they appear to be taking is very generous to you! It leaves you with only a single conviction for a minor offence. Had they chosen to, they could have charged you with multiple offences or with the more serious offence of fraud.

After a period of time has passed, assuming you've kept out of further trouble, in situations where you do have to declare it, you'll be in a position to explain how you learned from the experience and how it changed you into a better person. It'll be an extra barrier for you sometimes to have to explain, but it needn't be insurmountable.

I want to argue that a conviction is not in the public interest; who do I address such to?
A public interest argument would look at the situation from the point of view of the good of society - and might well conclude it's important that the true character of people seeking careers in high government is put on record through prosecution. How can someone who repeatedly acts dishonestly on the railway, depriving it of income, be trusted with a job in high-government? So I do not think it would be a good move to try to make a public interest argument.

However we do see that well-written mitigation (usually with the help of a solicitor) sometimes helps, along the lines of demonstrating what you did was one-off and out-of-character based on testimony from individuals who know you well in a professional context (e.g. tutors). This isn't easy though when there was a straightforward pattern of fraudulent behaviour over a period of time.
 

Benjwri

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You can say which cases you admit and which you deny. TfL's prosecutor will then have to decide whether they want to try and prove the 46 cases you deny, in a separate hearing.
I think it is worth mentioning, given the changing number that are claimed not to be the OP, that TfL’s enforcement can be quite targeted, and there is a not small chance they have CCTV of other occasions the OP has used it. It is not worth the risk of lying to the court, and if TfL prove they did the OP risks a far more severe conviction.
 

island

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I think it is worth mentioning, given the changing number that are claimed not to be the OP, that TfL’s enforcement can be quite targeted, and there is a not small chance they have CCTV of other occasions the OP has used it. It is not worth the risk of lying to the court, and if TfL prove they did the OP risks a far more severe conviction.
To be clear, the result of declining to have one or more of the other 46 cases taken into consideration is that
1) compensation is not awarded that day for those journeys; and
2) TfL has to decide whether to prosecute them individually, if it is still in time to do so.
Declining to have a case taken into consideration is not "lying to the court".
 

Egg Centric

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To be clear, the result of declining to have one or more of the other 46 cases taken into consideration is that
1) compensation is not awarded that day for those journeys; and
2) TfL has to decide whether to prosecute them individually, if it is still in time to do so.
Declining to have a case taken into consideration is not "lying to the court".

Does the bolded mean that there is essentially no reason to accept any offence greater than six months ago at the time of the court hearing?
 

furlong

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Does the bolded mean that there is essentially no reason to accept any offence greater than six months ago at the time of the court hearing?
Depends.
The six-month limit only restricts starting a prosecution so nothing disallows the inclusion of old offences here to wipe the slate clean. The same compensation would be due in the civil court with a six-year limit.
So there could be an argument not to admit them in order to exclude them from sentencing (not that they are likely to make much difference) but then pay the remaining fares if they write asking for them to head off civil recovery.

[Edit: typo: 6 years]
 
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Egg Centric

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Depends.
The six-month limit only restricts starting a prosecution so nothing disallows the inclusion of old offences here to wipe the slate clean. The same compensation would be due in the civil court with a six-month limit.
So there could be an argument not to admit them in order to exclude them from sentencing (not that they are likely to make much difference) but then pay the remaining fares if they write asking for them to head off civil recovery.

We often see people who've managed to use the freedom pass hundreds of times. I appreciate it probably doesn't make much if any difference to sentence but the compensation component seems material in those cases given the fine+surcharge will generally be in the low hundreds.

It would also occasionally have the advantage - if there were no offences at all in the six months preceding the court date - that the perpetrator wouldn't have to attend, right? TfL do seem to act quite quickly though so that scenario may rarely arise.
 

jumble

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Depends.
The six-month limit only restricts starting a prosecution so nothing disallows the inclusion of old offences here to wipe the slate clean. The same compensation would be due in the civil court with a six-month limit.
So there could be an argument not to admit them in order to exclude them from sentencing (not that they are likely to make much difference) but then pay the remaining fares if they write asking for them to head off civil recovery.
Do we have any evidence that TFL indulge themselves in Civil Recovery?
I have my doubts that they would do so for £180.00 in any case as it would cost them more than they would receive
 

Haywain

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It would also occasionally have the advantage - if there were no offences at all in the six months preceding the court date - that the perpetrator wouldn't have to attend, right?
I'm not certain but I believe that once requisitioned the defendant has no option but to attend the court, regardless of when the offences were alleged to have been committed.
 

island

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I'm not certain but I believe that once requisitioned the defendant has no option but to attend the court, regardless of when the offences were alleged to have been committed.
A postal requisition does indeed require personal attendance at court, and a TIC (taken into consideration) agreement can only be done in person. If only a single offence had been alleged, there would usually not be a requisition and it would be done through SJP. Though every case varies.
 
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I just thought I would share my experience at court for anyone that has also been summoned at Lavender Hill by TfL.

You may see in the above threads that I was summoned by TfL after being caught with a 60+ photo card.

So basically you walk in, get searcher, and are then just in a waiting room with all the other offenders, all TfL cases. There is the 10am session and the 2pm session, with three courts. Make yourself known to the clerks or you will be waiting a lot longer (like I was lol). One of them will then take you into a room, explain what will happen, as you to sign for any other journeys that you are suspected of, and then you go back to the waiting room. I just signed the ones that I did do because it was the same journey that I was caught on, but really and truly you can just say that you are only guilty of what you were caught for. They would have to prove the other journeys which, quite frankly, they do not have time for (I spoke to a legal adviser who was buddy buddy with the chief TfL prosector) - but the choice is yours.

Eventually they will call your name, and you will be in front of the court. Three judges straight ahead, someone on a computer also in front of you will just ask you to confirm name and address. And to your left will be two people, one of them the prosecutor for TfL. They will read out the charge and ask for your plea. From what I remember, the prosecutor will try and make it seem worse than it is, and search for the £375 in costs etc (which is such bs but what you going to do). The judge will then ask you if you got anything to say, then ask you to sit for a few moments before their verdict. They will read out what you have to pay (£375 in costs, victims surcharge, etc). I ended up with a £551 fine. I will pay this in £50 instalments over 12 months.

And then you're done. Roughly 5 mins, that is it. It looks scary, but you know what will happen now, and literally everyone in the waiting room is going through the same thing. It is so much more common than you think. Sure it is a criminal record, but as my advisor said, it is not theft or fraud or anything serious - you avoided a train fare, employers are not going to hold that against you. Your life will not end, over 20,000 are in the same situation annually.

Thank you to those in the forum for your help, even if a few of you clearly get a kick from people being in some sort of trouble (you know who you are). I hope this helps the relevant people.
 
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but as my advisor said, it is not theft or fraud or anything serious - you avoided a train fare, employers are not going to hold that against you. Your life will not end, over 20,000 are in the same situation annually.
I mean it is - it's still theft and fraud. Not sure why your advisor would say otherwise
 

Sun Chariot

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Thanks @LightingPig123
I'm quite curious at the £551 fine imposed by the magistrate against you. Upthread you had stated you used your father's TfL pass on six occasions.
£551 minus £345 costs is £176. Were you or your adviser told how £176 was arrived at (I presume a Victim Surcharge, plus the cost of those six fare-avoided journeys)?

Sure it is a criminal record, but as my advisor said, it is not theft or fraud or anything serious - you avoided a train fare, employers are not going to hold that against you.
What you did was still a criminal activity, it isn't something to perceive with flippancy.
Some careers (i.e. those reliant upon DV Security Clearance) may well require you to disclose any criminal prosecution* - and that could mean a difference between getting the job or being rejected due to failing Clearance.

* My SC Security Clearance did, iirc (it's a few years since I was in that sector).
 
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AlterEgo

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Substance over form, its theft.
They haven't been convicted of that. That's what is important and that's why the adviser gave the advice they did. The OP has been generous enough to come back and give an update about their case following conviction which is helpful to others.

In any case evading fares is not a theft of any sort.
 
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They haven't been convicted of that. That's what is important and that's why the adviser gave the advice they did. The OP has been generous enough to come back and give an update about their case following conviction which is helpful to others.

In any case evading fares is not a theft of any sort.
Firstly, I have a great respect to you guys who do actually offer constructive help here - I'm just the grumpy dude in the corner who would just say you made your bed, lie in it.

My main problem with the update is that is just feels like saying, it's no biggie, just pay the fine and go back on your merry way. This isn't the sort of attitude that's going to make it go away, and (to me) reinforces the whole, you might as well do it and just pay the fine if you do get caught.
 

Haywain

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My main problem with the update is that is just feels like saying, it's no biggie, just pay the fine and go back on your merry way. This isn't the sort of attitude that's going to make it go away, and (to me) reinforces the whole, you might as well do it and just pay the fine if you do get caught.
I agree, the update seems to be more about telling people what they can get away with than having any remorse. And this from a poster who aspires to a career in "high government".
 

AlterEgo

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Firstly, I have a great respect to you guys who do actually offer constructive help here - I'm just the grumpy dude in the corner who would just say you made your bed, lie in it.
But the OP is lying in their bed. They got convicted and will have to pay off a fine for a year, plus TfL's costs. They aren't avoiding any consequences and are suffering more consequences than the vast majority of people who come here, most of whom get caught by other train companies and just get to pay some money to make it all go away.

A conviction of this nature has a negligible impact on one's life beyond the sentence actually imposed.

I think the OP has shown good grace to come back and update us with a realistic appraisal of what being in the dock in the magistrates' court is actually like. I hope some other people will find it helpful, because a LOT of people come here and get prosecuted in exactly the same way.
 

Titfield

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But the OP is lying in their bed. They got convicted and will have to pay off a fine for a year, plus TfL's costs. They aren't avoiding any consequences and are suffering more consequences than the vast majority of people who come here, most of whom get caught by other train companies and just get to pay some money to make it all go away.

A conviction of this nature has a negligible impact on one's life beyond the sentence actually imposed.

I think the OP has shown good grace to come back and update us with a realistic appraisal of what being in the dock in the magistrates' court is actually like. I hope some other people will find it helpful, because a LOT of people come here and get prosecuted in exactly the same way.
Indeed it is helpful. Some may not like some of the comments made but the reality is the more real outcome data is shared on this forum the better that the regular posters can advise people to assist them or point them in the "right direction".

We (and I include myself in this) need to focus on giving the best possible advice to people so they can make an informed decision as to what to do and what the consequences of their actions are likely to be.

Obviously it saddens me that some people view public transport as a "free service" but that is not a factor to take into account when giving advice.
 
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It is neither. It's a Bylaw offence.
Exactly. Seems like a lot of people here have got their knickers in a twist and just want to see the doom and gloom rather than the effort I put in the help others lol.
But the OP is lying in their bed. They got convicted and will have to pay off a fine for a year, plus TfL's costs. They aren't avoiding any consequences and are suffering more consequences than the vast majority of people who come here, most of whom get caught by other train companies and just get to pay some money to make it all go away.

A conviction of this nature has a negligible impact on one's life beyond the sentence actually imposed.

I think the OP has shown good grace to come back and update us with a realistic appraisal of what being in the dock in the magistrates' court is actually like. I hope some other people will find it helpful, because a LOT of people come here and get prosecuted in exactly the same way.
Just because I do not see my life as ended is a good thing, rather than focussing solely on its detriments. It is a bylaw offence - not theft or fraud. Those who are just trying to make it worse for the offender need to take a backseat and appreciate the advice that I could (and did not have to) give. I guess some posters can be vert BITTER.
 

WesternLancer

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But the OP is lying in their bed. They got convicted and will have to pay off a fine for a year, plus TfL's costs. They aren't avoiding any consequences and are suffering more consequences than the vast majority of people who come here, most of whom get caught by other train companies and just get to pay some money to make it all go away.

A conviction of this nature has a negligible impact on one's life beyond the sentence actually imposed.

I think the OP has shown good grace to come back and update us with a realistic appraisal of what being in the dock in the magistrates' court is actually like. I hope some other people will find it helpful, because a LOT of people come here and get prosecuted in exactly the same way.
Tend to agree with this

TfL's 'default prosecution' appraoch is one that we see on here causing considerable worry / consternation to a good share of the people who come here for advice on TfL cases. Many of them don't come back to update when things reach the inevitable conclusion of court action / being required to attend court.

In that sense it's helpful to have the OPs update for others to read.

I don't personally share the OPs point of view in terms of what they have expressed here (I think any court action against you is of some seriousness and I think fare evasion is a serious issue that is part of a wider problem about attitudes to public services, their costs etc etc that is outside the scop of this thread) - but people who come here for advice are generally capable of weighing that up if they see the sorts of info given on threads like this one.
 

Titfield

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Just because I do not see my life as ended is a good thing, rather than focussing solely on its detriments. It is a bylaw offence - not theft or fraud. Those who are just trying to make it worse for the offender need to take a backseat and appreciate the advice that I could (and did not have to) give. I guess some posters can be vert BITTER.
It is self evidently a good thing that you are getting on with your life. Some of the posters on here can come across as being very bitter or angry but I believe that for many it is because fare evasion has become rife and given that public transport draws on public funds it creates angst in the realisation that those fares avoided mean a bigger demand on a public purse where those monies could be used for some much better purposes.
 

jumble

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I agree, not sure why people view it so lightly. Perhaps as I am in regulated industry, so theft gets you struck off.
Would you be struck off for a byelaw offence?
Presumably TFL don't want to ruin peoples lives but do want to teach them a lesson
 

Benjwri

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Would you be struck off for a byelaw offence?
Presumably TFL don't want to ruin peoples lives but do want to teach them a lesson
Depends on the specific case and the profession. Solicitors have been struck off for fare evasion.
 

Sun Chariot

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Would you be struck off for a byelaw offence?
Presumably TFL don't want to ruin peoples lives but do want to teach them a lesson
To build on Benjwri's reply and mine (post 43), AlterEgo gives an excellent and clear amswer in Post 2 (linked).
The OP (in Post 1) wants "...a career in High Government". SC and DV checks are part of numerous "integrity-critical" roles.
 

WesternLancer

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To build on Benjwri's reply and mine (post 43), AlterEgo gives an excellent and clear amswer in Post 2 (linked).
The OP (in Post 1) wants "...a career in High Government". SC and DV checks are part of numerous "integrity-critical" roles.
Good point - and of course we have a general idea of what the background checks involve ref high government work from the wider media recently in relation to Peter Mandelson's appointment as US ambassador ;)
Well, we know they do checks....
 

azzarazza

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Agree with what has been said that it's good to actually have some real world accounts which hopefully will help others that are going through TfL prosecutions (which seems to be plenty at the moment!).

Whilst it might be going off-topic slightly, a byelaw offence wouldn't be considered a dishonesty offence as I understand it (normally these are fraud act/theft act offences). It is dishonesty which is normally what scuppers any vetting check; either a conviction for a dishonesty offence or something not declared in a check which is later found out. For most, I imagine a byelaw offence would not be the end of the world if declared when required to do so until it is spent.
 

srg

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There are instances of regulatory bodies taking action though for byelaw convictions. As an example

 
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