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Ashley Williams
Guilty: Ashley Williams was fined £120 for her innocent mistake

Student gets criminal record for sake of 90p

Benedict Moore-Bridger, Evening Standard
17.04.08

A student told today how she gained a criminal record because she did not have 90p on her Oyster card.

Ashley Williams boarded a bendy bus without realising her pre- pay card did not have enough money on it for the fare.

But before she could get off to buy a ticket, the doors shut and she was carried to the next stop where inspectors boarded.

Despite the bus driver appealing on her behalf, the inspectors refused to believe her explanation.

When Ms Williams, 20, rang Transport For London to complain, she was told she would be taken to court.

Stratford magistrates fined her £120 and ordered her to pay costs after finding her guilty of not having a valid ticket while travelling on the No 38 bus from Hackney to her home in Stoke Newington last September.

Ms Williams, who is studying fashion at the University of East London, said: "I'm really upset and angry - it was not intentional. They took the stance that I was a fare dodger. They would not even believe my details."

Her court case took place during her first-year exams.

Her mother, Anne Williams, a college lecturer, said: "She has never before even had her name taken, let alone been given a penalty fare.

"Getting a criminal record for an innocent mistake - and a first offence - is ridiculous and unjust.

"It will have an effect on her future job applications as she will always have to declare it and it is such a competitive job market. It is just ridiculous for someone who has no record of ever trying to dodge fares. It is just wrong."

Mrs Williams added: "They should stop that application of the law right now.

"They say they have a revenue problem on bendy buses but that is a problem of their own making - you can't check how much money you have on your Oyster card before you get on. This is a way of them getting the money back in any way they can."

Mrs Williams called for people given a criminal record for a first offence to have their sentences reviewed.

Inspectors have the power to decide whether an individual is taken to court, given a fine, or, as in many cases, simply let off.

TfL admitted today that in most cases those caught without a valid ticket were issued with a £20 penalty fare and not prosecuted.

A spokesman defended the action of its inspectors but refused to explain why Ms Williams was taken to court in spite of numerous letters and phone calls from the student and her mother explaining the situation.

The spokesman said: "Revenue protection inspectors make difficult judgement calls in challenging situations based on training and experience."

Reader views (46)

 Add your view

What a horrible lot of people you lot are with your right-wing puritanical views. Take a look at the kind of society you want to live in, and rather than focussing on your anti-freeloading feelings, be tolerant and a little more understanding, whether this was a mistake or not. Someday, maybe someone will come to you and give YOU a criminal record for copying an MP3, or because someone has stolen your identity and commited a crime, or because you protest against a Heathrow runway.

- Who Cares, london

Why do people doubt how easy it is with an Oyster card to lose track of what the balance remaining is? It is unfair to impose a draconian penalty system on the public when the new technology is not easy for a non-digital mind to keep track of.

- Blackstone Coke, London

Where are all of these inspectors on bendy buses. TFL lose millions a year due to very few people using their oyster cards to sign in whenever they board a bus. This infuriates me when I have never dared to follow suit.
How can they tell if you have logged in or not. Heavy fines should be set for anyone who tries to defraud TFL, or stop making it easy to defraud by withdrawing such easy access in bendy buses.

- Lisa, Shepherds Bush, west london

Thank heavens I don't live in Canada! What a disproportionate and vicious response. I prefer a justice system with a more intelligent approach. This is a hard-working student who is at present getting herself properly educated so that she can contribute to society. She behaved properly and reasonably when she discovered her error. I think it is wrong, therefore, that the system has chosen to treat her with unusual severity in a way that will stigmatise her as a law-breaker in future. Any civilised society values fairness. This is unfair.

- Susan, London

Too true she should get a criminal record. Buses and trains are not free and neither should fare payers have to subsidise non-payers. If you don't have 90p - tough, leg it.

- Paul, london

This is a fine example of where too much power has been handed to those who have little or no training, inspectors can be sometimes jaded and bias and as well have no clue of the consequences to the Tax payer in the end. I am sure that there will be more and more of these sorts of examples as time goes forward - Especially now since the traffic wardens have the power to land anyone in court for civil infractions without any hard evidence? I truly hope Boris can make a change for us Londoners!

- Phil Stoffels, London

"..boarded a bendy bus without realising her pre-pay card did not have enough money on it for the fare."

Yeah right.

- Frank, Home Counties, England.

Ridiculous...why not just a £20 fine?

- Jason Stone, Stratford, Newham

In Vancouver they know what to do with such a criminal: they taser them immediately, no questions asked. It sounds unbelievable, but do the research on-line, it's really true: you don't have a fare, you are arrested, if you protest in any way shape or form, you get tasered and down you go.

- Gary Jenkins, Montreal, Canada

So what! Life aint fair.

- Frederick, London

the Evening Standard has been claiming for months that fare dodging was rife on these buses. Now you complain when inspectors act. You can't have it both ways.

- Dorothy, London, UK

The public should not tolerate government by cattle-prod, which is what the epidemic proliferation of strict-liability offences and on the spot fines amounts to. If the inspectors and the magistrates have no discretion, the politicians must be held accountable for this socially divisive policy.

- Blackstone Coke, London

Well, there you go. TFL London Transport manned by slimey little 'Jobsworths' in the same vian as the 'Blakey' Character of 'On the Buses'. Yes there is a major problem with fare dodgers. But this beggars belief. The little Pea-brained numpty who took the decision to take this all the way to Court ought to be investigated themselves, then sacked!

- B Clark, Chelmsford Essex

Such events show why we desperately need more people in authority who have a simple sense of fairness. We are increasingly at the mercy of soulless, heartless and, too often, faceless autocrats who care not a jot for the individuals whose lives they invariably damage.

On the subject of a fairer society at least, Boris Johnson makes this one of his significant objectives. Let us hope he can spread the sentiment into some of the lairs where the denizens who control our lives weave their spells and sharpen their claws.

- Alan Wenman, Ruislip, UK

In light of the fact that one pays a £3 returnable deposit to get an Oyster card, or a £5 non-refundable admin fee for a student oyster card, I think the system should allow a little bit of credit, perhaps to to value of one bus fare. That would be fare (!).

- Anon, Wimbledon, London

The rules are very simple - pay for your ticket or face a fine and possible criminal record if you don't.
I have never boarded a bus or train without paying - and I am sick to death of those who do.
Our society has become so arrogant that the criminal is once again treated as a victim.
She should accept her punishment and then make sure that she pays for her travel in the future.

- Jim, London

Quite right too!
Why should the rest of us, as conscientious citizens, subsidise the inept, poor and lazy.

- Tangomike, Kensington, London

This is so unjust and unfair one might think it is a case of racial discrimination. Another good reason to get rid of the big boss of TfL, Mr. Livingstone this May.

- George, London, UK

Did the jobsworths ask her to pay the fare with cash? (OK a bit higher, but coins are still legal tender on the buses). That might have saved clogging up the court.

Transport for London are a self-serving bureaucracy at the higher level and I hope that Boris will have a good sort-out after he becomes Mayor.

- Brian, London

The pathetic inspectors should be fined for wasting tax-payers money. Why could she not pay £20 fine? We really want to know. Frighteningly, I think it demonstrates how easy it is for an ordinary person to end up in court or worse. It is such as shame because in my view serious criminals, rapists and paedophiles should be shot or (heavens forbid we cause an outcry) killed by lethal injection. However, unnecessary injustices like this, prove that the system is woefully inadequate and would not therefore work. I hope the inspectors receive their due karma.

- Sonia, Wimbledon UK

The obvious solution is to add a card reader at each bus stop allowing people to check the balance of their card before boarding the bus. Unless, of course, the whole point of the system is to trap people into breaking the law, extract money from them, and ruin their future by giving them a criminal record. In which case, job well done.

TfL are quoted as saying "in most cases those caught without a valid ticket were issued with a £20 penalty fare and not prosecuted". What exactly is TfL's criteria for deciding who gets a £20 fine and who gets a criminal record? And does race plays a part in that statistic...

- Ali Musa, London

She dodged the fare and got caught. So what! Zero tolerance means exactly that, and London will not be as safe as New York until it is applied everywhere.

- Jim, People's Republic of Islington

This is ridiculous. Just how much public money has been spent on prosecuting and criminalising this poor girl?

A £20 fine surely would have been sufficient!

- Liz, London

As an adult, she is responsible for ensuring she has a valid ticket or pass for her entire journey. She is entirely responsible for making sure she has enough money on her Oystercard before travelling - period!

You cannot board a plane without a passport can you? Likewise, you cannot board a bendy without sufficient funds to travel. The bus is full of signage clearly stating this. There are no excuses. It's as simple as that.

- Anon, London

Joseph Q is right. They always ignore young fellas who look like they might put up a bit of an argument.

- Bob, London

The moment I read this my mind started to paraphrase the Gendarmes Duet:-

"We're LT guardians bold yet wary, and of ourselves we'll take good care,
To risk our precious lives we're chary, when danger looms, we're never there
But when we meet a helpless woman, or little boys that do no harm
*
We run them in
We run them in
We run them in
We run them in well show them we're the BOLD GUARDIANS
* (repeat)

If gentlemen will make a riot, and punch each other's heads at night,
We're quite disposed to keep it quiet, we can't invade their Human Rights,
But when it comes to something trivial, we swell our chest and show our might,
*
We run 'em in
We run 'em in
We run 'em in and show 'em we're the BOLD GUARDIANS
* (repeat)

- Marie Pestano, Worcester Park, London

A similar thing nearly happened to me when for some reason the inspector's equipment did not read that I had actually touched my card in. It is ridiculous. Poor woman. Rather than forking out for swathes of inspectors to patrol bendies why don't they bring back proper buses with conductors and scrap the stupid 'free ride guv' bendy ones?

- Tammo, London

...and yet the other day on a 277 bus at Mile End a driver allowed a dozen youths to get on the back of the bus (the door had been left open as they were changing drivers). He clearly saw them and they spoke to him, saying they were getting off at the next stop - they travelled at least five stops before getting off. There was an inspector/supervisor stood at the kerb who did nothing.
Basically we need conductors and a simple standard enforced system on the buses- as it is fare dodging and bad behaviour will continue - thanks Ken!

- Mn, Hackney

Jobsworth on the rampage again. Pity the Court did not believe the girl who presumably had no criminal record. If the driver had defended her to his Inspector, surely the Inspector suggested and accused the driver of lying.

- Hugh Morgan-Jones, Manchester U.K.

London is truly amazing. The police can shoot innocent men dead in the streets and face no repercussions but you get a criminal record for not realising your electronic bus pass was 90p short. Police state here we come.

- Mikko Takala, Drumnadrochit, Scotland

Absolutely typical of the "speed camera" attitude to all forms of justice encouraged by this Government. Presumably the Magistrates also had no discretion?

Reminds me of being charged a penalty fare on the Thameslink route, where after a change in franchise and unpublicised rule changes, my £4,000 season ticket was no longer valid for off-peak travel beyond its specified destination. A few months earlier when I had paid for an extension for the same journey, the ticket inspector told me to get a refund!

In giving me the penalty fare, the ticket inspector took great pride in telling me they'd taken people to Court for less.

I hate fare evasion, but the authorities tunnel into their moral high ground when they treat their customers like this.

Anyone for a return of conductors on the son-of-routemaster?

- Anon, London, UK

It's simple - vote Boris. No more bendy buses.
I'm sorry for Ms. Williams - she is paying for the thousands of fare dodgers who use the bendy buses every day.
Sometimes, on boarding the bus, I am the only person to place my card on the reader.

- Sally R., London

It's a joke. If these inspectors would care to stand near to the Victoria Line exit at Victoria they could catch thousands of fare dodgers every day, either travelling on kids tickets or no ticket at all. As it is the staff just stand back and let them get away with it.

- Paul, London

Absolutely disgusting, the jobsworth inspectors should be fired for this.

- Teddy, Islington, London

If we the people have the courage, we should invoke Magna Carter and absolutely refuse point blank to cooperate with this evil system. The law belongs to US, not to them. Peaceful non-cooperation with these nasty officious thugs is the only solution, or we shall all be criminalised.

- Neil, london uk

Yet another example of the madness and anti-London activities of Ken's bully boys who run TfL. Mind you the police and magistrates who pursued this action should also hang their heads in shame. I hope Ashley sues the bendy-bus off the lot of them.

- Cuthbert Dibble-Grubb, Trumpton

Once again, London Underground, show that customers are just a nuisance and have treated this young lady appallingly.

- Simon, Harrow, UK

Serves her right, why should the "payers" subsidise theses fare dodgers, most night's they catch dozens on my bus route 53/453, and they all bleat out the same excuses.

Fare dodging is theft end of story.

- P I Staker, London

She was exceedingly unlucky to find an inspector on a bus in that part of London. I routinely travel on 38 and other routes in the area, and particularly at night rarely 1 in 10 passengers bother to use a card or pass. The drivers never dare make any comment even if a card indicates empty.

- Patrick Griffin, Dalston

A very similar thing happened to me a couple of years ago on the 25 bus. It was particularly annoying because the inspector clearly ignored other people (dressed in more causal clothes) and instead picked on me in a suit. In this case I am sure Ashley was picked on as she was a girl, and therefore the cowardly inspectors were not afraid of repercussions.

Apparently the policy of TfL is to prosecute on bendy busses as the onus is more on the passenger to pay their fare. By this logic, Ashley is a worse criminal than someone who jumps a barrier at a tube station!

In my case, I was studying for a professional qualification, and getting a criminal record would have severely jeopardised this. I took advice from a lawyer friend and offered £100 as an out of court settlement, which was accepted. TfL rely on the courts to take these prosecutions seriously and as such have to accept reasonable out of court offers.

I realise this news is too late for Ashley, but hopefully others can avoid criminal records (and some costs) by knowing this.

- Joseph Q, Scarborough

The same thing very nearly happened to me - I have never been so angry as the day I received a court summons for a 90p fine that was 7 months old, and that I had chased and chased about and no one would give me any information on. I went straight to a lawyer who got the case quashed and we appealed for TFL to pay the costs, which was granted. Well done TFL me major stress but you waisted months of my time, court time, and your own time, and ended up paying about £500 for the privilege.

- Sarah, London

I think she is what is known as a 'chancer'.

Rule no.1:
Plead innocence and blame someone else (when you get caught)

no sympathy...

- Simon Bucknell, Enfield

With this offence on her record the American government will regard her as ineligible to visit the USA and any application for a visa will be refused. So if Ashley was thinking about a holiday in Florida that will have to be forgotten for the next 5 years.

- Bethany Griffiths, London

This is ridiculous. I appreciate that they have to be strict, but why not make an example of someone more deserving of the spotlight?

- Nicola Miller, Ealing, UK

But she did indeed not pay for her fare, if I were to walk out of a shop without paying for goods then I would expect to be prosecuted for shoplifting even if I had simply "forgotten to pay".

- Fay Revader, Wimbledon

Experience or was there some other prejudice?

- Simon - Bucharest, bucharest - Romania


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