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Archbishop's PA branded a fare dodger for 20p bus fare slip-up
Robert Mendick, Chief Reporter06.05.08
The secretary of a London archbishop is being dragged through the courts - for mistakenly falling 20p short on a bendy bus.
Rachel McKenzie, a committed Christian, has told the Evening Standard of her despair at being branded a criminal for the first time at the age of 54.
If convicted, she will be given a criminal record and ordered to pay legal costs and a fine of up to £1,000. One lawyer suggested the case could cost taxpayers up to £5,000.
Ms McKenzie was caught out last November as she boarded a No12 bendy bus from her home in East Dulwich to her workplace in Southwark. She swiped her Oyster card through the reader and, unaware that the machine had beeped because she had insufficient funds, she took her seat. But two stops before the end of a journey a ticket inspector got on, checked her Oyster card and discovered she had just 70p on it - rather than the 90p then needed for the journey.
Mrs McKenzie, who works for the Catholic archbishop of Southwark, told the Standard: "He told me I was 20p short. I was really surprised. I told him it was an innocent mistake, that I had swiped the card next to the driver and he hadn't said anything and that I would pay the difference.
"I reached to get out my purse but he said I couldn't do that and that he had to report me. I thought that would be okay because I'll get the chance to explain it was just a mistake. I never thought it would end up with a criminal prosecution.
"It makes me think it is a ridiculous abuse of the legal system. I made a genuine mistake and was honest about it because I was sure the British legal system was a just one. I wonder about that now."
Ms McKenzie has enlisted the help of lawyers who are fighting her case free. But Transport for London has refused to cave in and she has now received a summons to appear before Sutton magistrates on 22 May.
Her legal adviser, Mark Stephens, said: "It is disgraceful. This prosecution is likely to cost as much as £5,000 to recover 20p. This is a scandalous abuse of the court system. She should have been allowed to pay the difference or, at worst, pay a penalty fare." He added that a criminal conviction could prevent MsMcKenzie working in the community in future or make it difficult to obtain a visa to travel to America.
TfL's legal department wrote to Ms McKenzie last week saying: "Consistent with all cashless services, it is your responsibility to ensure you have sufficient credit in your card to pay for your bus journey."
The TfL enforcement policy says it seeks to be "firm but fair" and aims to ensure prosecution is only considered where there is clear evidence of irregular travel. It also says it will prosecute if the offence occurred "in an area known to occasion high revenue loss".
Last night, TfL said: "Fare evasion is illegal. Fare dodgers cost passengers using public transport millions of pounds every year."
Last year, more than 47,215 people received a £20 penalty fare and more than 30,000 were prosecuted.
The case comes after a University of East London student was given a criminal record for travelling one stop on a bus without a valid ticket. Ashley Williams, 20, said her Oyster card beeped at her, but the No38 left the stop in Hackney before she could alight. She was taken to Stratford magistrates' court last September.
Reader views (27)
I wonder one more time how much money has been picked up on foreigner's back with the fines they have had because of forgetting to validate their oystercard on the DLR lines?
Is there anybody to answer me?
Thanks a lot.
- Anne-Laure, geneva switzerland
Boris
One for you to sort out please.
- David, Burgess Hill
I would just like to see what would happen to the local corner shop if when you paid for goods, you underpaid by 20p. They would probably be out of business if they tried to prosecute everyone in this way.
Tony, London - you are wrong. You have to know how much credit you have on your card before boarding the bus and offering the card for payment. Now as the card has no display this makes it somewhat difficult unless you visit a station before hand. No doubt the inspectors went after this woman because she fits the profile of someone who will be able to pay the fine rather than someone who is an actual fare dodger.
- Marc, Harrow, UK
Steps to avoid prosecution.
1. On boarding bendy bus put oyster card to reader
2. one bleep means OK, 2 bleeps means problem with card, then try another one or exit the bus.
3. If you get on a normal bus, you touch your oyster card on the reader near driver, on a bendy bus you actually have 5 readers, 5 chances to pay for your journey!
4. If you get caught....tough follow above and you wont simple!
- Tony,, London
Nice to see the Jobsworth mentality is alive and well in today's Britain...
- Martyn Weir, Toronto, Canada
20p? A very serious crime was discovered by this diligent and hard working inspector. Good for him. He can go home and sleep at night knowing that the buses are probably safe from another devious fare dodger.
Then again, he may wake up one day and realise what a complete idiot he is and wonder at the cash his bosses are prepared to shovel out the door to satisfy their inflated egos. Very much a "Job's worth Award" case.
I hope that they get a call from Boris in the morning and that he makes then fully aware that stupidity and abuse of the public purse was a symptom of the Livingstone era and may now result in job rotation.
- Ian, Vancouver, Canada
This has also happened to me. I am a person with a previously unblemished record. I felt it was very nasty and draconian to give me a criminal record over a £2 mistake. I asked the inspector what was likely to happen at the time, stressed I would be happy to pay the difference or a fine and the inspector said he didn't know what would happen and I could not resolve the matter there and then. He took a physical description of me and made inappropriate comments about my appearance. The evidence that I received from TFL following the incident was dubious in several respects.I felt completely overwhelmed and highly distressed. I found myself breaking down in tears about the matter regularly. In the end, I decided not to bother going along to the court as I don't get paid for a day's leave and had read various reports on the internet about the magistrates' hearing being merely a rubber stamping exercise. I also felt so stressed by the experience that I felt I couldn't deal with it any more. The legal advisers had advised they would charge £1000 for the day's legal work involved in the magistrates' hearing. At first even the legal advisers at the top law firm I consulted were incredulous that this could happen. I felt like it was me against the entire weight of TFL and the legal system. One of the many upsetting things was that other people on the bus did not present tickets, were not requested to identify themselves nor provide ID and left the bus laughing.
- A, West London
You can just imagine the person who made the decision to prosecute can't you? A little man with a big desk.
- Steve, Hornchurch, ENGLAND
Boris's first action should be to head straight down to TfL headquarters and start wielding the axe.
Mrs. Mackenzie should plead not guilty and get a good lawyer to grill the inspector in front of the magistrates. She will not be found guilty.
- Pu Li, Guangxi, China
If this is what happens in London,when one makes a mistake, no wonder Boris Johnson is the new mayor.
- Stan White, Leeds
Pack your bags and move to the USA. Even we aren't this stupid and we love the British people.
- Rich, San Angelo USA
The English, of which I am one, are laughed at around the world for some of the stupid things that we say and do.
This item will take the cake, already I have been told "The law is an ass" but English law like this make us all look like idiots for allowing it.
I hope some common sense can prevail before this stupid case comes before the court, which will save time, money and relief to an honest person.
- David Evans, Gold Coast Australia
While serial shoplifters are usually getting away with a police caution, hard working citizens are heavily fined for having the temerity to stand in a first class carriage, or they are taken to court, like in Ms McKenzie's case, for being a 20p short of a 90p fare.
The notion that £5K of taxpayer's money is going to be completely wasted, when there are scores of pensioners up and down the country who cannot afford to turn the heating on, makes me absolutely livid.
TfL, you are a bunch of cretins!
- John Smith, London, UK
Another London newspaper today carried a commentary on Common Sense. This clearly illustrates the death of Common Sense.
- Dennis, Colorado Springs, CO, USA
Ms McKenzie was 20p short of a 90p fare but gets dragged through the courts. Mr. Blair completely failed to make any attempt to pay a much larger fare for a ticket on the Heathrow Express and was let off without even having to pay the original fare, let alone any penalty. Hardly fair is it?
- Sarah W, London
One law for them-one law for us. How is it that Tony Blair was not prosecuted for his blatant infringement of the law, when he travelled to Heathrow without even attempting to buy a ticket? On top of which, he couldn't pay cause he didn't even carry a credit card!
- Ray King, Wood Green London
Easy target I think, so she gets prosecuted. However, on buses in east London you never see an inspector, and teenagers (or anyone in their early twenties) just walk on buses without any attempt by the driver to expect payment or show an Oyster card. Any chance on targeting these people... clue for TFL. It's ALL buses!
- Mm, London
"No, Mils, but a committed Christian... is less likely to be trying to swindle TfL out of 20p."
Sorry Graham but this is a sweeping statement and there are no facts to back it up. There is no proof that Christians are less likely to break the law than anyone else.
- Mils Onwheels, Fulham
I don't understand why she didn't get a £20 fine, she deserved that, the oyster machine beeps in a different way if there is a problem, it's intended to do this. there isn't any excuse.
- Nu, London
This is farcical - TfL get a grip! I have been using an Oyster recently and am getting very frustrated at how annoying and unreliable it is, I have funds on it and it constantly says seek assistance - have you tried back tracking out of a ticket barrier at Tottenham Court Road at 6pm on a Thursday night? Riotous! There is no way of knowing what you have on your card but interestingly enough when I was given a printout I noticed I had a £4 penalty on it, unknowingly to me and no idea how I got it as I swipe in and out as requested.
- Sandra, London
On reflection a bleep could mean anything. It does include an accepted sum.
If TfL want to do a proper job then they should have proper indicators of what credit a card has. I've often tried to mount a bus by the driver to see the 'reader' and always ended up by having to ask the driver. And sometimes the sum has cleared off the screen. Come on tfl wake up.
- Tony, London E11
Oh, OK! A member of the godsquad is above the law then, even though I do believe this prosecution is a total joke.
- Jm, Enfield, Middx.
No, Mils, but a committed Christian - or anyone with strong ethical beliefs - is less likely to be trying to swindle TfL out of 20p.
- Graham, London, UK
London Transport is there as a revenue generator. It's not about fairness, it's about jumping on people who have made an honest mistake.
HOWEVER: I object to the "Christian" nature of the argument. I am not a Christian, but that does not make me a thief, a fare dodger or a less trustworthy human being than this woman. Indeed, many US Catholic priests have been shown to be paedophiles and well as Christians. This is moral obscenity in the extreme.
Just because someone is a Christian does not mean they are more moral than someone that isn't. That is a lie spread by religion.
- Garry White, London
It is funny that you are allowed to carry drugs around London for "personal use" usually by petty criminals, but an upstanding member of the community is taken to court for 20 pence. The costs of bringing the case are staggering.
- Darren, London
Hopefully, now that Ken is on his way out we can turn TfL into a more customer responsive organisation and not part of a police state.
- David, London
"a committed Christian"
What does that have to do with anything? If she was a Satanist would it make her guilty?
- Mils Onwheels, Fulham
