Few things cause more anxiety than being stopped on public transport and accused of fare evasion. For many, it is a first encounter with the criminal justice system, and the worry is immediate: Will I be fined? Will I end up in court? Could this affect my career or visa?

The reality is that while fare evasion is a criminal offence, most cases can be resolved without a criminal conviction if handled properly and at the right stage. This guide explains, step by step, what fare evasion means, what happens if you are caught, and the best way to protect yourself.

At Manak Solicitors, our fare evasion specialist Samir Moftah has resolved over 1,000 cases. In the majority of cases, he has secured out-of-court settlements, allowing clients to move on with their lives without lasting damage.

Fare evasion is more than just “forgetting to buy a ticket.” It covers any situation where a passenger travels without paying the correct fare. Examples include:

• No ticket: Boarding without a ticket or permit to travel.

• Short-faring: Buying a cheaper ticket for part of the journey but travelling further.

• Misuse of passes: Using a Freedom Pass, student Oyster, or railcard you are not entitled to.

• Someone else’s ticket: Travelling with another person’s season ticket or discount card.

These actions are taken seriously by transport operators because they cause significant financial loss across the network.

The law behind fare evasion

Fare evasion is usually prosecuted under one of two legal routes:

1. Regulation of Railways Act 1889, Section 5(3):

   • Applies when there is intent to avoid paying.

   • Treated as a criminal offence.

   • Conviction always creates a criminal record.

2. Railway Byelaws:

   • Covers strict liability offences (intent is not required).

   • Still criminal, but often considered less serious.

   • Conviction normally results in a fine, which may not always show up on a standard DBS check (but can appear on an enhanced one).

Both routes can lead to prosecution, fines, and court appearances if not handled correctly.

If you are stopped by a Revenue Protection Officer (RPO) on a train, tube, or bus, they have several powers and options:

• Penalty fare notice: In minor cases, they may issue a penalty fare (a civil fine, usually £20–£100).

• Details taken for investigation: They may take your name, address, and other details for their report.

• Formal interview under caution: They may interview you under the Police and Criminal Evidence Act 1984 (PACE). This is a serious step; anything you say may later be used in court.

• Involvement of the British Transport Police: If you refuse to provide details or are uncooperative, the matter may be escalated.

In most cases, you will not be arrested on the spot. However, the information gathered will be used to decide whether to pursue a penalty fare, a settlement, or a prosecution.

After being stopped, most people receive a letter from the operator (e.g. Transport for London, Southeastern, Govia Thameslink, Chiltern Railways). This letter may:

• Invite you to provide your mitigation (an explanation of what happened).

• Warn that the company is considering prosecution.

• In some cases, issue a court summons directly.

Do not ignore this letter. Operators usually have up to six months to prosecute. Ignoring correspondence makes settlement less likely and increases the chance of court proceedings.

Do:

• Stay calm and cooperate with the officer.

• Keep all paperwork (penalty fare notices, receipts, witness statements, letters).

• Seek legal advice before responding to the transport company.

Don’t:

• Admit guilt in writing without advice. What you say can and will be used against you.

• Ignore letters — this virtually guarantees escalation.

• Assume it’s “just a fine.” Fare evasion is a criminal matter, not just civil.

• 1. Penalty fare only: If treated as a civil matter, you may just pay a fine.

  2. Out-of-court settlement: You pay the unpaid fare plus administrative costs; prosecution is withdrawn.

  3. Prosecution in court: If settlement fails or you ignore letters, you may face a fine of up to £1,000, plus legal costs, plus a criminal record.

Specialist representation changes outcomes. At Manak Solicitors, we:

• Negotiate settlements: Present mitigation and secure out-of-court agreements wherever possible.

• Draft persuasive responses: Letters to operators are carefully prepared to show remorse, explain circumstances, and propose settlement.

• Defend in court where necessary: If prosecution proceeds, we provide robust defence strategies.

• Act quickly: Many cases are resolved in days; some even the same day we are instructed.

Early legal intervention often makes the difference. Contacting a solicitor before replying to the operator’s first letter increases your chances of settlement and minimises costs.

• Professional client: A City worker accused of fare evasion on Southeastern faced a career-ending conviction. We secured a settlement within a week, allowing them to continue working in financial services without disclosure.

• Student client: A medical student accused by TfL risked losing NHS placement. Our intervention secured a settlement, protecting their future career.

• Repeat offender: A passenger accused of fare evasion for three years straight faced near-certain prosecution. We negotiated a confidential settlement, avoiding a public trial.

“It’s only a fine, it won’t go on my record.”

❌ Wrong — under the 1889 Act, a conviction always creates a criminal record.

“If I ignore the letter, it will go away.”

❌ Wrong — silence almost guarantees prosecution.

“I can explain it myself.”

❌ Dangerous — admissions or poorly worded letters often harm cases.

1. Do not panic. Most cases can be resolved.

2. Keep all documents. Letters, receipts, notices — everything matters.

3. Do not reply immediately. Get advice before writing back.

4. Contact a solicitor quickly. The earlier you act, the more options you have.

Being caught without a ticket is stressful, but it does not have to ruin your future. With the right approach, most fare evasion cases can be resolved quickly, discreetly, and without court.

At Manak Solicitors, we have unparalleled experience in this area. Whether you’ve received a fare evasion letter, been summoned to court, or are worried about a potential criminal record, we can guide you through the process and protect your future.

📞 Call Samir Moftah today on 07731 868 916 or 01689 870 769

📧 Email: info@manaksolicitors.co.uk

Act now — early action can prevent a criminal conviction and resolve matters swiftly.