Court case over a 90p Oyster card bus fare to cost £10,000

Tom Usher had £1.30 on his card and says he swiped it through the reader but was unaware it had not worked. Transport for London is prosecuting him for fare evasion. He was fined £90 and ordered to pay legal costs of £100. The builder, 37, told of his shock at being given a criminal record and is appealing against his conviction.

Mr Usher boarded the No18 bendy bus in Warren Street in December to return home to Harlesden, and says he swiped his card and took his seat without realising the reader had not recorded his journey. A ticket inspector checked his card and accused him of failing to pay the 90p fare.

Mr Usher said: "When he told me I had not paid, I said it had to be a mistake because I had swiped the card. I had the fare on the card but he made me get off the bus for 15 minutes and got two police officers to help check my address. I never thought it would end up with a criminal prosecution."

Mr Usher represented himself at two hearings at Wimbledon Magistrates' Court, pleading not guilty to failing to pay the fare but was convicted in April. His appeal will be heard in August.

Mr Usher said: "I explained what happened to the magistrates and was shocked to be found guilty. They could see from my card I am not dishonest as I had paid for two other journeys that day. They decided I should have been more careful swiping the card."

His legal adviser, James Dove, said: "It is an outrageous abuse of the court system. The prosecution and appeal are likely to cost as much as £10,000, to recover 90p. At worst, Mr Usher should have had to pay a penalty fare.

TfL says it is "firm but fair" and prosecutes only where there is evidence of irregular travel. A spokeswoman said: "Fare evasion costs passengers on public transport millions of pounds each year. All passengers are required to ensure they have paid the fare."