Fare Evasion FAQs: Understand the risks and get expert legal support
As railway companies around the country crackdown on tackling fare evasion to deter new or repeat offenders and recover lost revenue, the number of passengers facing Notices of Intended Prosecution, Single Justice Procedure Notices (SPJN’s), and postal requisitions are on the rise.
We understand how worrying it can be if you have been involved in an incident of fare evasion – this article provides answers to questions we are often asked.
I have been caught fare evading – what happens next?
Once you have been caught fare evading you will usually have to wait approximately 2-8 weeks to receive postal or email correspondence from the railway about the incident.
I have received a Notice of Intended Prosecution – what should I do?
If you have received a letter or an email from the railway titled ‘Notice of Intended Prosecution’ it’s important to take the correct next steps. Our specialists can assist you in responding to the railway within their given timeframe to set out any mitigation, propose an out of court settlement, or explain why you are not guilty of the offence (if applicable) on your behalf. It is important to manage your correspondence with the railway carefully for the best chance of settling out of court, and our team are well equipped to do this for you.
Can I avoid a criminal record?
Yes, it is possible to avoid a criminal record once you have been caught fare evading. Out of court settlements are at the discretion of the railway and are typically decided once the railway has received your mitigation and/or your comments to your ticket purchase history. Out of court settlements are rarely guaranteed so it is important that you handle correspondence with the railway carefully.
How will I know if I have been caught fare evading?
Most likely, you will have been stopped at some point during your journey by a member of railway staff who queried the incident with you and took your personal and contact details. Even if you have not been stopped, you may still be caught fare evading and are likely to receive an email or postal correspondence querying suspicious travel activity or patterns on your account, for example, purchasing child’s tickets, or inaccurately requesting refunds.
Have you been caught fare evading?
Don’t panic, our experts have plenty of experience in dealing with these types of cases, and we understand how worrying it can be. Get in touch with the team today.
Make an enquiryCan students be prosecuted?
Yes, anyone above the age of 18 can be prosecuted for fare evading, regardless of whether you are in full or part time education. Sixth Form students, or anyone aged 16 or over are required to purchase an adult ticket when travelling and can also face consequences for fare evading.
Remember:
- if you are aged 16-17 you may be entitled to a 16-17 Saver which gives you 50% off most rail travel; and
- If you are aged 16-25 you may be entitled to a 16-25 Railcard which gives you 1/3 off most rail travel.
There are a variety of discounts available for all ages. For more information, visit the National Rail website.
I have fare evaded more than once – will this affect my chance of settling out of court?
More often than not, and even if by mistake, those caught fare evading have committed an offence on more than one occasion. During the out of court communications you will likely be given an opportunity to comment on any additional suspicious journeys within your ticket purchase history. The railway typically provides a spreadsheet breakdown of all suspicious journeys where they consider that you may have fare evaded in the past. You are given the opportunity to either accept or reject each further offence and submit any evidence that you may hold. Typically, additional offences do not hinder out of court settlements, however it is important to obtain legal advice to ensure best chances of settling out of court.
What are the consequences?
There are a number of consequences associated with fare evasion including a penalty fare, repayment of all unpaid fares, charges towards the railway’s administrative costs, and a criminal record. A criminal record is one of the most serious consequences and may impact your employability and future so our primary aim is typically to settle cases out of court.
Visit our website for further information on the different types of fare evasion, our recent success stories and our tops tips when travelling.
How can Ellis Jones help you?
Are you facing intended prosecution or being asked to provide information on your ticket purchase history? Don’t panic, our experts have plenty of experience in dealing with these types of cases, and we understand how worrying it can be. We have had plenty of success with settling these matters out of court, so please don’t hesitate to contact us by emailing lovetta.pring@ellisjones.co.uk or via our online website enquiry form.
About the author
Lovetta Pring is a Junior Paralegal based in our London office and specialises in Fare Evasion cases. You can read a selection of her previous articles by following the links below:
"I found Ellis Jones and got set up with Lovetta, I received very timely updates, she wrote a very strongly worded letter to the railway company who charged me and they agreed to settle out of court. As a university student she has saved me from a criminal record that would have been detrimental to my future. I am very appreciative of the work she has done for my case!"
How can we help?
When you submit this form an email will be sent to the relevant department who will contact you within 48 hours. If you require urgent advice please call 01202 525333.
