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Further to my post yesterday about the former Prime Minister being let off with a £24.50 fare on the Heathrow Express, here is the opposite end of the spectrum - a passenger prosecuted for being 20p short on her Oyster card...

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".

Date: 2008-05-02 10:44 pm (UTC)
From: [identity profile] lips-of-tragedy.livejournal.com
Absolute bloody madness and sums up everything that is wrong with the world these days!

Date: 2008-05-03 10:01 am (UTC)
From: [identity profile] suzyscottdotcom.livejournal.com
Yeah. Do you remember the nun who had a pass (when Zones applied on the buses) for one zone only, and inadvertently fell asleep?

Date: 2008-05-03 08:41 pm (UTC)
From: [identity profile] lips-of-tragedy.livejournal.com
I don't recall that story, but it is no doubt utter madness as well on the part of TfL. Talk about a sledgehammer to crack a nut! Why are they not out catching the real fare dodgers and doing something about the dreadful youth who harrass people on public transport?

end rant!!

Date: 2008-05-03 12:17 am (UTC)
From: [identity profile] jessie-c.livejournal.com
That is so very wrong. That Inspector was abusing his authority and has put the company in the worst light possible. When I worked for Transit, we used to ask people to pay the difference, and used the threat of prosecution for people who were trying to evade payment, not for people who made a mistake. I found that treating each case as though it was a mistake (even when it was obviously not) saved a lot of face and actually got people to pay up. What was this idiot thinking?

Date: 2008-05-03 10:03 am (UTC)
From: [identity profile] suzyscottdotcom.livejournal.com
Yeah, that would make sense (and I remember doing similar myself when on gateline on the tube - as ordinary Station Assistants were not allowed to do penalty fares). The thing is, the buses in question do not accept cash. The driver's ETM (electronic ticket machine) would have flashed up as insufficient credit, so should have pointed this out (assuming she boarded at the front, as she said).

Of course, with the results of the Mayoral elections this week, Boris has promised to get rid of the cashless bendy buses, so...

Date: 2008-05-04 11:25 am (UTC)
From: [identity profile] suzyscottdotcom.livejournal.com
Yeah, lets see what Boris does, first thing Tuesday...

The nun is a true story... http://www.stiffs.com/backjul99.html

SLEEPY NUN IN COURT FOR DODGING FARE ON LONDON BUS

Friday July 2 11:24 AM ET

LONDON (Reuters) - A nun who fell asleep on a London bus and overshot
her stop has been taken to court by the city's bus operators for dodging a
fare worth $1.57.

Nigerian Sister Virtus of the Roman Catholic Sisters of the Daughter of
Divine Love came to a rude awakening after she traveled one stop beyond
the fare zone covered by her pass on the number 105 bus and was confronted
by a ticket inspector.

The magistrate threw out London Buses' one pound compensation claim --
estimated to have cost the company hundreds of pounds in legal fees -- and
instead give the nun a six month conditional discharge.

"We lose millions of pounds a year because people don't pay their fares.
Falling asleep is not an excuse we can accept," the bus company said.

Date: 2008-05-03 10:18 am (UTC)
From: [identity profile] suzyscottdotcom.livejournal.com
p.s. Which transit authority did you work for?

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