Quote:
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Originally Posted by Michael Hoffman
Traveling on a bus without paying is a strict liability offence. So
deliberate fare evasion need not be proven, only that the fare was not paid.
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Michael Hoffman
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10. Suspected fare evasion and prosecutions
10.1. If you are travelling on any of our services without either:
• a ticket that is valid and available for the journey you are making
• an Oyster card containing a valid season ticket
• an Oyster card, when you are paying as you go, showing a record of the start of your trip
or
• a valid 14-15 Oyster photocard if you are aged 14 or 15 and are travelling free on a bus
• a valid 16-17 Oyster photocard if you are aged 16 or 17 and are travelling free on a bus
AND we believe that you are trying to avoid paying the correct fare, you may be prosecuted.
So in addition to travelling without the appropriate ticket it seems that it is also neccessary to establish a that the passenger is 'trying to avoid paying the correct fare'. Surely this involves some proof that the passenger hasn't simply made a mistake?