TFL fare evasion - please help!

[lni43]

Hi,
Yesterday, I accidentally entered a london overground station without tapping in, as the gate was open and I wasn’t paying attention (I was distracted on my phone). Upon my arrival to the station I was getting off at, I approached an officer voluntarily (this station doesn’t have gates so I was being honest rather than just bolting out of the station) and explained that I hadn’t tapped in on the other end. However, I was rather intimidated by the presence of officers, as they are not usually at this station, and panicked by stating that I was let through at the gate in the station that I was getting on at as u had no money. I understand that this was a mistake. I am 19 and I am about to go to university in September and pursue a career in finance. I have used TFL correctly under their rules almost everyday for several years, so I am hoping that if they decide to investigate the matter I will be seen as not a threat to them in the future. I am awaiting the letter in the post, but I am terrified of the potential implications such as going to court and having my future career prospects ruined over my silly mistake and panicking when talking to officers.
Please can anyone give me advice on what I should write after I receive the letter?

 

[skyhigh]

Yesterday, I accidentally entered a london overground station without tapping in, as the gate was open and I wasn’t paying attention (I was distracted on my phone).

Upon my arrival to the station I was getting off at, I approached an officer voluntarily

So you accidentally didn't tap in, but knew you hadn't? Surely you can see how that doesn't add up?

 

[jp4712]

You realised when you were on the train that you hadn’t tapped in; you completely rationally approached a member of staff at your destination to advise them; yet in the following few seconds you panicked and told them a lie about being let through? This seems odd, even unlikely - that’s the way TfL will look at it.

Your point about having paid previously is, I’m afraid, irrelevant - on the day you were stopped, you hadn’t paid your fare before boarding.

Just a question - if TfL were to investigate your travel history, would they find other examples where there was only touch-in or touch-out without a matching transaction at the other end? If so, that might indicate a pattern of behaviour to TfL.

 

[lni43]

So you accidentally didn't tap in, but knew you hadn't? Surely you can see how that doesn't add up?

Yes, I only realized once I got off the train. This is also why I didn’t tell the officer this exact reason given I understand that it may be difficult to believe, but given the nature of that station, it isn’t difficult to accidentally not tap in.

You realised when you were on the train that you hadn’t tapped in; you completely rationally approached a member of staff at your destination to advise them; yet in the following few seconds you panicked and told them a lie about being let through? This seems odd, even unlikely - that’s the way TfL will look at it.

Your point about having paid previously is, I’m afraid, irrelevant - on the day you were stopped, you hadn’t paid your fare before boarding.

Just a question - if TfL were to investigate your travel history, would they find other examples where there was only touch-in or touch-out without a matching transaction at the other end? If so, that might indicate a pattern of behaviour to TfL.

I understand that it is an unlikely scenario, and so this is why I panicked when I approached the officers.
In regards to my travel history, I am very certain that for the past few years they will find nothing against me.

 

[AlterEgo]

Yes, I only realized once I got off the train. This is also why I didn’t tell the officer this exact reason given I understand that it may be difficult to believe, but given the nature of that station, it isn’t difficult to accidentally not tap in.

How unfortunate that you would only realise you hadn't tapped in when you saw revenue protection staff, and on the first time you'd forgotten to pay your fare I'm sure. How would you come to this realisation you'd forgotten to tap in? If I'd forgotten to tap in and staff inspected me I expect the first time I'd realised is when I failed their revenue tap, and been surprised by that.

TfL have seen and heard this all before and know people think they will just be penalty fared and consider it an occupational hazard of repeated fare evasion. They are really bored of the huge fare evasion problem in London and for some time now have pursued a low tolerance approach. The fact you paid your fare on some other occasions is of no relevance. You have compounded the issue by telling a very silly lie to the staff, one which completely undermines your defence.

It is best to wait for the letter, but the usual disposal is a prosecution in the magistrates' court. About 20,000 people are prosecuted a year by TfL.

 

[skyhigh]

Yes, I only realized once I got off the train. This is also why I didn’t tell the officer this exact reason given I understand that it may be difficult to believe, but given the nature of that station, it isn’t difficult to accidentally not tap in.

So you accidentally didn't tap in because you were distracted. You then somehow (how?) realised when you got off the train. You then approached and inspector and made up a story that you "were let through the barrier because you have no money".

Your story makes no sense and TfL won't believe a word of it. I'm going to guess that you actually double-shuffled through the barrier at your starting station, and that's what TfL will also think. You said what you said on the spot and are now trying to craft an excuse to fit with your actions.

You'll only get helpful advice here if you tell the truth and don't try and come up with crazy excuses or lie to us.

 

[lni43]

I am by no means lying, and I apologize if I seemed to have irritated you by making it seem like I have. I would never tailgate and cctv cameras will prove this. Yes, I understand that it may be hard to believe (which is why I didn’t tell the officer this as I knew they would most likely be aggregated) and so I will still plead guilty to fare evasion either way in my response given that 1: I didn’t tap in and 2: I was being stupid and told the officer that I was let through. On the letter I assume that they will state what they believe to have happened once they have looked into it?

So you accidentally didn't tap in because you were distracted. You then somehow (how?) realised when you got off the train. You then approached and inspector and made up a story that you "were let through the barrier because you have no money".

Your story makes no sense and TfL won't believe a word of it. I'm going to guess that you actually double-shuffled through the barrier at your starting station, and that's what TfL will also think. You said what you said on the spot and are now trying to craft an excuse to fit with your actions.

You'll only get helpful advice here if you tell the truth and don't try and come up with crazy excuses or lie to

So you accidentally didn't tap in because you were distracted. You then somehow (how?) realised when you got off the train. You then approached and inspector and made up a story that you "were let through the barrier because you have no money".

Your story makes no sense and TfL won't believe a word of it. I'm going to guess that you actually double-shuffled through the barrier at your starting station, and that's what TfL will also think. You said what you said on the spot and are now trying to craft an excuse to fit with your actions.

You'll only get helpful advice here if you tell the truth and don't try and come up with crazy excuses or lie to us.

I will therefore admit that I was fare avoiding by going through an open barrier (whether it was by fault or not it is the same offense either way). Would it help me that I voluntarily approached officers rather than being caught trying to get away with it?

 

[AlterEgo]

On the letter I assume that they will state what they believe to have happened once they have looked into it?

There is no "looking into it". You were caught without a valid ticket when inspected and this is the only fact that matters.

I will therefore admit that I was fare avoiding by going through an open barrier (whether it was by fault or not it is the same offense either way). Would it help me that I voluntarily approached officers rather than being caught trying to get away with it?

It wouldn't help you, but it doesn't harm you. You didn't have a lot of choice once you got to your destination and saw the staff.

 

[lni43]

There is no "looking into it". You were caught without a valid ticket when inspected and this is the only fact that matters.


It wouldn't help you, but it doesn't harm you. You didn't have a lot of choice once you got to your destination and saw the staff.

Yes, I understand. This is why I am here asking what the best course of action is. Is it to reply to the verification letter stating that I am guilty of traveling on a train without paying, and following a similar email structure to the many other threads regarding similar occurrences?

 

[WesternLancer]

Yes, I understand. This is why I am here asking what the best course of action is. Is it to reply to the verification letter stating that I am guilty of traveling on a train without paying, and following a similar email structure to the many other threads regarding similar occurrences?

I suspect as a general rule it's not a good idea to write to anyone saying you are guilty of something. You can just send a short response saying you were distracted and failed to touch in, realised this on the journey and approached staff at the destination. Apologise for what happened and ask to if they will kindly let you pay what is owed and if they would be prepared to settle the matter without court action.

whether they will or won't believe this is up to them at the end of the day. If it's the truth - as you maintain it is, then that is what you should tell them IMHO, and it's worth a try even if it might not work.

 

[lni43]

I suspect as a general rule it's not a good idea to write to anyone saying you are guilty of something. You can just send a short response saying you were distracted and failed to touch in, realised this on the journey and approached staff at the destination. Apologise for what happened and ask to if they will kindly let you pay what is owed and if they would be prepared to settle the matter without court action.

whether they will or won't believe this is up to them at the end of the day. If it's the truth - as you maintain it is, then that is what you should tell them IMHO, and it's worth a try even if it might not work.

I have read countless threads which state that pleading guilty in the email back probably gives you the best chances. The risk that I take with declaring that I had made a mistake and didn’t intend to fare hop is that they could charge me with a higher penalty if they believe that I am lying. I am guessing that in the email, I should write what happened and then also state that I acknowledge how serious it is to avoid travel fares, how I will learn, etc and offer to pay the outstanding fare and anything on top of that as you stated.

 

[AlterEgo]

I have read countless threads which state that pleading guilty in the email back probably gives you the best chances. The risk that I take with declaring that I had made a mistake and didn’t intend to fare hop is that they could charge me with a higher penalty if they believe that I am lying. I am guessing that in the email, I should write what happened and then also state that I acknowledge how serious it is to avoid travel fares, how I will learn, etc and offer to pay the outstanding fare and anything on top of that as you stated.

It's not relevant to TfL whether you did this on purpose or not. Bylaw offences like TfL Bylaw 18.1 read as such:

18. Ticketless travel in non-compulsory ticket areas
(1) In any area not designated as a compulsory ticket area, no person shall enter any train for the purpose of travelling on the railway unless he has with him a valid ticket entitling him to travel.

These are strict liability matters. The offence was complete the moment you stepped onto the train. No intent is necessary, like speeding. It's your responsibility to ensure you have a valid ticket, in the same way that it is my responsibility not to let my car go over the speed limit.

It is best to apologise for not having a valid ticket and not elaborate on the circumstances which led to that, as you do not have a compelling reason for them to settle out of court, and at best the story given so far seems less than believable.

 

[WesternLancer]

I have read countless threads which state that pleading guilty in the email back probably gives you the best chances. The risk that I take with declaring that I had made a mistake and didn’t intend to fare hop is that they could charge me with a higher penalty if they believe that I am lying. I am guessing that in the email, I should write what happened and then also state that I acknowledge how serious it is to avoid travel fares, how I will learn, etc and offer to pay the outstanding fare and anything on top of that as you stated.

I meant that in a letter you can use a different form of words that accept you did something wrong by mistake but don't use statements like 'guilty'. Obv if it progresses to formal action / SJPN you would have to make a plea as I understand it - and I can see that at that stage you would - from what you have said - want to accept that you were 'guilty' of the charge they were making formally.

But yes, agree with your suggested content ideas.

 

[lni43]

I meant that in a letter you can use a different form of words that accept you did something wrong by mistake but don't use statements like 'guilty'. Obv if it progresses to formal action / SJPN you would have to make a plea as I understand it - and I can see that at that stage you would - from what you have said - want to accept that you were 'guilty' of the charge they were making formally.

But yes, agree with your suggested content ideas.

Thank you very much. I guess, as stated by AlterEgo, I will receive a SJPN letter without a doubt. When I receive the letter and write an email, I would be very grateful if anyone could help improve my draft to ensure that I have the best chances. I have also seen by other threads that it is unclear how much this could damage my future career prospects such as when it comes to DBS/EDBS checks. I’m awfully terrified that such a silly mistake could affect me in the future badly.

 

[greyman42]

However, I was rather intimidated by the presence of officers, as they are not usually at this station,

You seem to be aware at which stations officers usually attend.

 

[lni43]

You seem to be aware at which stations officers usually attend.

Yes, I’ve used this station hundreds of times since I was in year 7 and this was the first time that I had seen this.

 

[WesternLancer]

You seem to be aware at which stations officers usually attend.

I am not convinced that a) if you know that they are not usually at a station you use when you use it that you then know (b) which other stations they are at instead.

b) is not really possible to deduce from (a) is it, given the total number of stations overall?

 

[greyman42]

I am not convinced that a) if you know that they are not usually at a station you use when you use it that you then know (b) which other stations they are at instead.

b) is not really possible to deduce from (a) is it, given the total number of stations overall?

My point was that the OP may have avoided touching in because they expected to be able to walk straight out of their destination station.

 

[lni43]

My point was that the OP may have avoided touching in because they expected to be able to walk straight out of their destination station.

I’m sure tfl will see records that this is not the case with my past journeys when using that station. It is just that I was expecting to be informing maybe one member of staff at the station rather than having to speak to multiple very serious officers, which is what ultimately intimidated me. I hope this clears it up.

 

[WesternLancer]

My point was that the OP may have avoided touching in because they expected to be able to walk straight out of their destination station.

Then to be fair it would be better to state that clearly. The forum basis is that people should at least be given the doubt that what they say is true, and the OP has insisted in their post(s) that this was a mistake, so I'm taking that at face value. Of course TfL might not, but as the OP points out they do have a touch in/out record.

To @lni43 - if you don't have your payment card already registered with TfL you should do so so that you can easily download your fare payment records and supply them with any response you give to TfL to support your statement that you do pay your fare regularly. It won't swing the case if they want to take formal action / prosecute but it might help support the argument that this was a one off mistake.

 

[Brissle Girl]

I’m sure tfl will see records that this is not the case with my past journeys when using that station. It is just that I was expecting to be informing maybe one member of staff at the station rather than having to speak to multiple very serious officers, which is what ultimately intimidated me. I hope this clears it up.

It may certainly help your case if those other journeys started at stations without a gateline. If they are gatelined then I suspect it won’t.

Otherwise, they may regard it as a “coincidence” that the one day they have lots of revenue staff there happens to be the one day you accidentally forgot to tap in.

 

[lni43]

Then to be fair it would be better to state that clearly. The forum basis is that people should at least be given the doubt that what they say is true, and the OP has insisted in their post(s) that this was a mistake, so I'm taking that at face value. Of course TfL might not, but as the OP points out they do have a touch in/out record.

To @lni43 - if you don't have your payment card already registered with TfL you should do so so that you can easily download your fare payment records and supply them with any response you give to TfL to support your statement that you do pay your fare regularly. It won't swing

Hi @WesternLancer i have now registered my contactless and oyster cards onto my account and have months worth of consisted daily journey history on both cards which should hopefully help with my case

 

[WesternLancer]

Hi @WesternLancer i have now registered my contactless and oyster cards onto my account and have months worth of consisted daily journey history on both cards which should hopefully help with my case

Good preparation I would hope.

 

[Hadders]

Welcome to the forum!

I've been distracted at an ungated station before and forgot to touch out, but I can't recall every forgetting to touch in, especially if there are gates - even if they're open.

As for what happens next TfL will send you a Verification Letter, normally within a couple of weeks. The letter will ask you to confirm or deny the incident and ask you to give any mitigating circumstances which you would like them to take into account when deciding how to proceed.

I suggest you mention the following in your reply:

- That you are sorry for what has happened
- What you have learned from the incident
- That you are keen to settle the matter without the need for court action
- Offer to pay the outstanding fare and TfL's administrative costs in dealing with the matter

TfL generally do not offer out of court settlements although in some very limited circumstances they have been known to issue a final warning instead of prosecution. Prosecutions are normally done through what is called a Single Justice Procedure Notice. This means that if you plead guilty it is not necessary to attend court in person (unless you choose to do), you simply return the form to the court with any mitigation you want them to tae into account and they will write to you with the details of the fine you have to pay.

If you are prosecuted and plead guilty (or are found guilty by the court) then you will have to pay:

- A fine based on your income (usually discounted by a third for pleading guilty at the earliest opportunity)
- 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 minor railway ticketing matter won't normally affect future career prospects but we would always recommend being honest if you are asked about whether or not you've been convicted.

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

 

[AlbertBeale]

Thank you very much. I guess, as stated by AlterEgo, I will receive a SJPN letter without a doubt. When I receive the letter and write an email, I would be very grateful if anyone could help improve my draft to ensure that I have the best chances. I have also seen by other threads that it is unclear how much this could damage my future career prospects such as when it comes to DBS/EDBS checks. I’m awfully terrified that such a silly mistake could affect me in the future badly.

To have the best chances of what? Avoiding a criminal conviction? If you receive an SJPN letter from the court, then it's too late for that - court looms and you'll be found guilty if you don't plead guilty anyway.

If you mean getting a letter from TfL threatening to take you to court but asking for your side of the story first, then no doubt people here will help you to craft the best letter. However TfL nearly always do prosecute.

It occurs to me that if the revenue people were waiting outside the gateline, and you'd tapped out anyway, you'd simply have ended up being charged the maximum journey price as is normal for journeys with a tap in but not a tap out or vice versa.

 

[lni43]

Hi everyone, I hope that you are all doing well. Here is a photo of the letter that I received, as well as my response email- please can I have some feedback.

My email:

Dear Sir/Madame,



Case number:

I am writing in response to your letter on xxxx



I would firstly like to sincerely apologize for my actions on xxxx for the unacceptable case of traveling on an overground service without tapping in. I voluntarily approached an officer at the station at which I arrived at as I believed that this was the most sensible and honest option and I was very compliant and cooperative. Although I mistakenly entered the station without tapping in at a gate-less entrance due to distraction and my lack of awareness at the time, I understand that this is a serious matter regardless of whether it was intentional or not. I have since educated myself on the annual losses that TFL face due to fare evasion.



As a 19 year old who is preparing to go to university this year, I deeply regret what happened on that Tuesday. The possibility of a conviction if the case proceeds has brought great stress upon me in the last few days, as it would greatly damage my future prospects of working in sustainable finance – a career in which I aspire to pursue to positively impact this country. This is due to many jobs in this sector requiring enhanced DBS checks, and anyone with any financial misconduct would likely be deemed unsuitable for the job. I have also just started a part time job this month, as well as applying for a university bursary, to reduce financial stress on my mother and to support my daily travel and food requirements as I am a national athlete training everyday.

I have been a daily customer of the services TFL provide and I would like to state with upmost certainty that I will ensure that this will be the one and only time that such occurrence will happen. Attached are my records of tapping in and out daily using your services using my 18+ student oyster card and my contactless card to show you that I have always been a reliable customer.



This is the first time that I have been involved with stepping on the wrong side of the law and I understand the gravity of such situation, and so I would be extremely grateful if you would allow me to pay the outstanding fare of the journey, the administration costs of bringing the case forward and remaining costs which you may deem appropriate to settle this without the need for court action. I have educated myself with the seriousness of not paying for travel, the consequences TFL face for it, and the procedure of prosecution, but I once again would be grateful if we can reach a conclusion which recompenses TFL and does not have significant ramifications to my future prospects.

 

[Brissle Girl]

It’s far too long. I’d cut it down by at least 50% and remove much of the pleading around future aspirations.

 

[lni43]

Okay. It’s just that I saw a thread last week with an email very similar and it was successful.

 

[antharro]

My comments are in italics and bold. Have a go at a re-write and post back, let's see how it looks.




Dear Sir/Madame, (no e)

Case number:

I am writing in response to your letter on xxxx.



I would firstly like to sincerely apologize for my actions on xxxx for the unacceptable case of traveling travelling (typo) on an Overground (capital O) service without tapping in. I voluntarily approached an officer at the station at which I arrived at NAME OF ARRIVAL STATION as I believed that this was the most sensible and honest option. <- full stop here and I was very compliant and cooperative. Although I mistakenly entered the station without tapping in at a gate-less entrance due to distraction and my lack of awareness at the time. <- full stop here I understand that this is a serious matter regardless of whether it was intentional or not. I have since educated myself on the annual losses that TFL face due to fare evasion.

Many edits for sentence structure, typos and repetition.


As a 19 year old who is preparing to go to university this year, I deeply regret what happened on that Tuesday. The possibility of a conviction if the case proceeds has brought great stress upon me in the last few days, as it would greatly damage my future prospects of working in sustainable finance – a career in which I aspire to pursue to positively impact this country. This is due to many jobs in this sector requiring enhanced DBS checks, and anyone with any financial misconduct would likely be deemed unsuitable for the job. I have also just started a part time job this month, as well as applying for a university bursary, to reduce financial stress on my mother and to support my daily travel and food requirements as I am a national athlete training everyday.

Without wanting to sound too blunt, they simply won't care about this; it's also too long and doesn't affect why you did what you did. What *might* be useful is if you put in a very short sentence about how you're 19, and how you're hoping to enter a field where misconduct would make them unsuitable. Make it BRIEF.


I have been a daily customer of the services TFL provide and I would like to state with upmost utmost certainty that I will ensure that this will be the one and only time that such occurrence will happen. Attached are my records of tapping in and out daily using your services using my 18+ student oyster card and my contactless card to show you that I have always been a reliable customer.

Not necessary. They have those records and have undoubtedly looked through them already.


This is the first time that I have been involved with stepping on the wrong side of the law and I understand the gravity of such situation, and so I would be extremely grateful if you would allow me to pay the outstanding fare of the journey, the administration costs of bringing the case forward and remaining whatever costs which you may deem appropriate to settle this without the need for court action. I have educated myself with the seriousness of not paying for travel, the consequences TFL face for it, and the procedure of prosecution. <-- full stop here but I once again would be grateful if we can reach a conclusion which recompenses TFL and does not have significant ramifications to my future prospects.

It's not for you to tell them what you're willing to pay. It's for them to offer a settlement amount, so you need to state that you'll pay whatever they deem reasonable to make this go away. Last sentence deleted because it's unnecessary repetition.

Yours faithfully,

Your Name

 

[AlbertBeale]

And "apologise" rather than "apologize".