(DLR) Am I in trouble?

[User005]

Hi all,

 

I'm here to seek some experienced advice.

 

I made the mistake of jumping on the DLR without tapping in when I was in a hurry.

 

 

When I arrived at my destination there were revenue inspectors waiting at the exits.

 

 

I knew I made a mistake so handed in my contactless card to be scanned and awaited my fate.

 

 

The handheld detector flashed red, then green and the inspector just let me go on my way.

 

When I checked my online account, that journey has been flagged as "revenue inspector" and have been charged the maximum fare.

 

Will I also be getting a surprise penalty notice/court order letter in a few weeks?

 

 

All these TFL horror stories have got me spooked

[dx100uk]

doubt it

he would have taken a statement under caution if he was taking it further I think

 

 

dx

[nimbusweb]

 

 

Can TFL prosecute you after the system has charged you for a journey even if the charge is retrospective ?

 

I would argue that The TFL website uses the word OR so this implies NO

 

 

 

 

If you don't touch in at the start of your journey, you could be charged a maximum fare (up to £8.80), face a Penalty fare of £80 or be prosecuted. If you don't touch out at the end of your journey you could be charged a maximum fare

 

 

This contradicts conditions of use which says You can be prosecuted

 

 

. 2.11 If you do not touch in and touch out correctly, you may be charged a maximum fare. You may also be liable to a penalty fare or you may be prosecuted

 

 

I doubt that you will be !

[Old-CodJA]

Payment of a fare after being detected when travelling without a valid ticket and reported does not automatically negate the possibility of prosecution because the relevant law is clear in saying

 

'...having not previously paid his fare....',

 

however, in the circumstances that you describe the answer is NO, you will not be likely to receive a Summons.

[User005]

Thanks for your replies.

 

however, in the circumstances that you describe the answer is NO, you will not be likely to receive a Summons.

 

Why are my circumstances different? Fare evasion is fare evasion be it on purpose or misjudgment.

[BazzaS]

Thanks for your replies.

 

 

 

Why are my circumstances different? Fare evasion is fare evasion be it on purpose or misjudgment.

 

2 potential reasons.

 

1) Misjudgment isn't fare evasion. For evasion to be shown there has to be intent.

Misjudgement might be prosecuted under Bylaws for failure to show a valid ticket, but that isn't an "evasion" prosecution.

 

It will be harder to show intent if the staff chose not to interview you to determine the circumstances

 

2) it looks like the member of staff used their discretion to charge a maximum fare rather than reporting you for consideration of prosecution.

[Old-CodJA]

Why are my circumstances different? Fare evasion is fare evasion be it on purpose or misjudgment.

 

 

Simply because you have not been reported for such an allegation.

 

It appears that the inspector charged the maximum fare because of your failure to abide by the rules by not 'tapping in' and that is the end of the matter on this occasion.

 

I wouldn't rely on that happening in future.