A criminal record for forgetting to pay 90p Oyster fare
Amar Singh and Mark Blunden11.08.08
A young mother has spoken of her anger at receiving a criminal record after forgetting to swipe a 90p Oyster fare on a bendy bus.
Maja Krogh, 29, was taking her twoweekold daughter Misty to buy a baby bath when inspectors stopped her.
The photographic assistant offered to swipe her Oyster card, which had £2 credit on it, and then pay a £20 fine, but the inspector made her leave the bus and demanded her details.
Six months later, she found herself sitting with partner Neil Soni next to drunk drivers and shoplifters as she appeared at Brent magistrates' court.
Danish-born Ms Krogh, who lives in Harlesde n , represented herself in the dock, claiming she was just a busy mother and her only "crime" was forgetfulness. She told the Evening Standard: "I had never been to court before and never done anything to get a criminal record.
"I represented myself because I thought I had to stand up for myself, although it was quite nerve-racking.
"I based my case on points made in a Transport for London leaflet and told them it was a mistake."
The three magistrates found Ms Krogh guilty but reduced the penalty to £50, although she now has a record.
The bench told her the record would be deleted after six months - but despite this it will still always be flagged up when checks are made, especially when she begins applying for a job as a teacher.
The offence took place in February on a number 18 bendy bus near Kensal Green station as Ms Krogh travelled from Harrow Road to Edgware Road to visit a Mothercare shop.
She claims she " completely forgot" to swipe her Oyster card and was concentrating on getting Misty and her baby buggy safely aboard. Ms Krogh said: "I was simply preoccupied by making sure Misty was safe as the bus was busy and I was quite nervous. As soon as the inspector saw me go for my card she jumped in front of me and it was clear she wanted to nick me.
"The inspector, accompanied by a police officer, asked me to leave the bus. I tried to explain there had been a mistake and that I had money on a valid Oyster card, but she said she needed to take my details.
"The woman, who gave evidence against me in court, seemed quite understanding after I explained that it was an honest mistake.
"I offered to pay the £20 there and then but the woman said they would write to me."
In May Ms Krogh received a letter from London Bus Services, part of TfL, giving her a court date but offering her the chance to plead guilty to avoid appearing.
She said: "The only thing I am guilty of is forgetfulness. It was a simple human error - I am not a criminal and I wanted to plead not guilty." Her case was heard last Thursday. TfL said it had offered Ms Krogh the opportunity to pay £102 and receive no criminal record, but she was adamant she wanted to put her case forward.
Each case costs £270 to prosecute and TfL says it may still try to recover its costs from Ms Krogh.
She said: "It really made me quite angry to have a criminal record. My family in Denmark are stunned by the whole thing. They never heard of anything so ridiculous as getting a criminal record for a bus ticket."
Reader views (29)
I heard a good way to get survive if you get a criminal summons, is to claim you wern't able to remember.. AND THEN back it up with say, a Docter's note of stress
- Richter, Castlevania
I was on the 25 bus 6 months ago and I forgot to swipe my card, now am being summoned to court and TFL will be giving me a crininal record! *sigh*
The lady who took my details was very rude and she did'nt even ask me if I could pay a £20 fine. At that time I did'nt even know I could pay fines on the spot.
- Raja Singh, London
The same thing happend to me on the Bus 18. I had just had a baby the usual when you have just had a baby few memory lose problems. I had funds on my oyster. The inspecter came onto the bus i passed my oyster over to them until he asked me to get off the bus with the usall police presence he asked me for my details, six months later summoned to brent magistrates as usuall fined £80 which Tfl lost out oanywhere. Now i have a criminal record and i will not be able to apply for my british citizenship has the homeoffice says if you have any criminial convictions you have to wait for 5 years before you can apply for citizenship under good character section. Why because i forgot to touch my oyster on the bus. Well come to England you will be fined for forgeting to touch your oyster. I hope non Uk citizens take account of these changes before paying £655 for natuarlsation.
- Nicole Nganga, LONDON hao 2nf
I believe the way the inspectors are getting to pick on people is very unfair.
My husband was in the situation like that, he had a pre-paid oyster card with £6 pounds on it. I did the top up for him during the day time, while him was recovering from a night work shift, I did not know he could not use pre paid oyster card to travel on rail, I thought it could be use there as normal. Well my husband was stopped for an inspector who was very rude with him, treated him like a liar and like that situation was not the first situation my husband was in. The inspector was in with some police officers and, I believe because he is forener, they thought he was illegal immigrant here. My husband was late to work, try to explain to the inspector he has some money on it, but the inspector keeps him there until the police gave all clear (about my husband may be a illegal immigrant). The inspector then gave a paper to my husband, even after he called me and ask to me go there to pay the £20 penalty fare because he wasn't with enough money there (we do not use credit cards), the inspector said the penalty fare will be arrive at home but he did not said the value of this, and now we are getting to pay £105 about that and we are very up sad about the way the inspectors are deal with people here.
They are not understanding that some people out there are genuine not a big liars. We really thought we could use the pre-paid oyster card on rail as a normal. I hope this change.
- Maria, London
I have just returned from Italy. I got a train from Massa to Pisa. I bought my ticket at the ticket office, got the train on board a ticket collector asked for my ticket which I produced he then told me I had not had it validated I was told by another passenger that there was a yellow box at the station where I should have had my ticket stamped, there was the box I checked later but nothing in English to let us know we had to use it. On the train I was fined 50 euros, my son and his family was also fined. This women knew what she had to do so should have paid straight away, they should collect the costs as well for wasting court time.
- John Todd, leigh on sea
The same happened to me. It's a disgrace. I was told by the firm of solicitors that I went to that it will cost in the region of three thousand for the CPS to prosecute each case. Other people laughed at the inspector and left the bus, still laughing. I was polite and gave him all my details and offered to pay any fine on the spot. I'd got on at the previous stop with loads of bags. The inspector claimed that he was powerless, that he had no idea what was likely to happen. For the record, I am a small young woman too. He made slimey remarks about my hair and appearance. I felt that their lack of professionalism and honesty was disgusting. I usually have a weekly travelcard but had returned from holiday that day exhausted. I had topped the card up and then left it behind due to a last minute change of handbags. I think it's disgusting and it has left me with a really bitter taste in my mouth about TFL.
- Anne, London
Nu Labour wins again! Bring on the election!
- Dennis, Richmond, Richmond, UK
June what's your problem?!
She didn't receive that punishment at all it's totally ridiculous! Anyone could see she's made an error, give her a break and punish real offenders as they're pretty easy to pick out.
You're clearly miserable about something and it gives you joy to hear of other people's bad luck.
- Gemma, London
I really feel for this woman. It's very easy to forget something so simple when you're trying to copy with a baby on public transport. I try to avoid bendy buses because they're dangerous, but when I do have to use them, it seems that only a minority of passengers bother to swipe their cards. If inspectors are going to pick on one woman with her hands full, why don't they pluck up courage to take on other offenders?
- Helen, London
The inspector was accompanied by a police officer because the abuse and threats they receive whilst trying to do their job is completely unreasonable. The bendy buses have made a joke out of all of us who actually pay our fares but this lady made things worse for herself than they needed to be by trying to be clever.
- Anon, London, UK
Some common-sense would have been nice, OK fine her £20 for forgetting, but why does it take an inspector and a police officer to do this job? I suppose the Met have nicked all the muggers and murderers have they, stopped all the terrorists and rounded up the fraudsters in the city? of course not, this bunch of numptys is only good for oppressing poor Mums with children, motorists, any random black person and eco warriors. Oh the thin blue line (of numpty's). As for the inspector, well if the British people got off the backsides, dragged a few council officials and their lickspittles out into the street and lynched them, metaphorically speaking of course, we might return to sanity and common-sense
- Kerry Trubee, UK
Bendy buses seem designed to encourage fare dodgers. Why should honest people subsidise those who don't pay? A £20 fine is not a deterrent. There are so few checks - I have never once been challenged - it would probably pay us all to try it on.
- Charles, london
This reminds me of so many other stupid cases... such as my favourite where a hart surgeon was suspended because he did not pay for it in extra bowl of soup in the hospital canteen. They had to cancel operations!
The petty idiots who took that action and the ones in this case are the ones in wrong… costing the tax payer millions each year and sometimes even putting lives at risk.
What next, fines for blind people who put the wrong type rubbish in their wheelie bin; oh wait they did that last month!
- Paul, London
The trouble is that if people are allowed to swipe after they're caught, nobody will bother to do it unless they actually see an inspector. I suspect this woman was trying it on actually; after all, inspectors on the buses are as rare as hens' teeth these days.
- The Gene Genie, Croydon
June from London, If you cannot have sympathy with a new mother boarding a bus with her 2 week old baby and pram who genuinely forgot to swipe her card then I feel sorry for you.
She stated that she tried to swipe her card when she realized but the inspector stopped her. TFL made comparisons with trying to leave a shop with a newspaper without paying. Surely if you don't leave the shop then you will not get arrested? She had the correct fare and tried to swipe the card but the inspector stopped her so this should not be a criminal offence. The inspector is obviously trying to fill her quota. Why was Maja not given a £20 fine?
- Mike, London
Poor little child will never get to see Micky Mouse in the USA.
- Ted, London
TFL - bunch of bullies harassing a young Mother as she tries to get on a bus and make sure her child is safe. No doubt the copper would have arrested her for "health and safety" offences if he hadn't got her for not paying her fair quickly enough - is that really an offence that is so bad it drags a police officer away from catching real criminals? Why didn't the copper help her so she could pay her fare? Anyone with children would understand just how difficult travel can be, but not TFL.
- Joe, London
Lets just get rid of the bendy buses, I've only ever seen about 4 people swipe in on all the time they have been in operation.
Also, what a waste of time taking a case like this to court, when will we ever get back to applying common sense in this country?
- Pete, N1
You deserve the £50 fine and criminal record!
Forgetfulness is not a good enough reason, there are signs all over the outside and inside of bendy buses, telling you to swipe you card.
How convenient you remembered when you saw the inspector. Pay up and shut up!
- June, London
I abandoned oyster several years ago. I had bought a paper extension to my oyster card, but had somehow swiped the oyster in the zone covered by my extension. The palaver next day to prove that I had in fact paid for a valid ticket for this journey made me realise there is no room for discretion with these systems. They cannot cope with human error, which all of us are prone to from time to time. Paper season tickets are still available at overground stations, I recommend them.
- Antony Gray, London NW2
On the trains the fine for avoid pay fare is £20. It seems a reasonable for that sort of offence. She should have been allowed to pay £20.
- Neil Broomhead, Chessington, England
Why should TfL be allowed to take these cases to court at a cost of £270 a go when someone has clearly offered to pay the fine in a genuine case?
Having recently completed jury service I now fully understand why there is such a huge tax bill to the public, but this doesn't make it right.
A complete overhaul of the whole judicial system is needed.
- Jl, London
It does seem like TFL have a policy of prosecute at any costs. Instead they should have mitigated any loss and accepted that Mrs Krogh had offered to pay the penalty fare.
No doubt if she had just stolen a packet of crisps from a newsagent the police would have arrested her but in this case she would have been given a caution. No fine or criminal record.
- Adam, Harrow, uk
This is common practice, my friend had to instruct a solicitor and barrister and cost her £300 to clear her name for a £2 Oyster fare. May be if she had been carrying a knife she would have got off scot free.
- Claire, London
You deserve all that and worse if you name your child "Misty"!
- Marco, Notting Hill
Just amazing but oh so typical. Here we have a mother with infant who was willing to pay. What a shame that the same inspectors aren't deployed on the busier routes around central London. Each day as I get on my bus I appear to be the only person who needs to swipe an Oystercard. I guess everyone else has Travel cards then, although I do find it interesting that not many are willing to enter the bus through the door next to the driver. Bendy buses have been a disaster in London ... revenue loss, accidents, whatever next?
- Brian, London
This is not fare... there should have been common sense applied. Britain is seriously going to the dogs.
- Hamish Leslie, Sydney, Australia
Tough. do them all and fine the daylights out of them.
- Squiz, Islington
I have seen so many people travelling in the bendy buses and not paying the fare. It does seem a bit over the top for this lady to get a criminal record for forgetting to swipe her card. You do seem to get these jobs worthy people who act like little Hitlers. I wonder if that had been a six foot man would they have acted the same.
- Pat Culleton, london
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