One of the most common sources of confusion in fare evasion cases is the distinction between a penalty fare and a criminal prosecution. These are two entirely separate processes with very different consequences and understanding the difference could change how you respond to correspondence from a train operator.
What is a penalty fare? A penalty fare is a civil charge issued on the spot by an authorised penalty fare collector. It is currently set at either £100 or twice the full single fare from the station where the journey began, whichever is greater. Penalty fares are not criminal proceedings and do not result in a criminal record. They are more akin to a parking fine than a prosecution. You can be issued a penalty fare if you do not have a valid ticket for your journey, if you are in a compulsory ticket area without a ticket or if you fail to show a valid railcard when using a discounted ticket.
What is a criminal prosecution? A criminal prosecution is initiated by the train operator or their agents through the courts. It can result in a criminal conviction, a fine and, crucially, a permanent criminal record. Criminal proceedings are brought where the operator believes there is evidence of deliberate evasion or where a penalty fare was not or could not be issued.
Can I be prosecuted if I have already paid a penalty fare? Generally paying a penalty fare resolves the matter and no further criminal proceedings should follow for that specific incident. However if you refused or failed to pay a penalty fare the operator may escalate to criminal prosecution.
The key takeaway A penalty fare is a nuisance. A criminal prosecution is a life changing event. If you have received any correspondence beyond a penalty fare notice, particularly an NITP or SJPN, you are in criminal territory and should seek legal advice immediately.
Facing Criminal Proceedings? Instruct Samir Moftah Today. If you have moved beyond the penalty fare stage and are now dealing with an NITP, SJPN or court hearing, Samir Moftah at Manak Solicitors can help you navigate the process and fight to protect your criminal record. Contact Samir today for a free 15 minute initial discussion where he will set out exactly how he can help with your case. 01689 870769 07731 868916 litigation@manaksolicitors.co.uk
