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Fare-dodging: A commuter tells how he was 'prosecuted for protesting' John Wilson was taken to court by train firm Southern after being forced into a first class carriage without a valid ticketHow train firms' hardline policies turn commuters into criminalsIn April, John Wilson left his home in Lewes, East Sussex, and caught a train to London, armed with his £3,280 annual season ticket.Wilson, 48, who works in estates management, was late, and had to change at East Croydon. But the train was crowded and he was forced to move into the first-class area or wait for another train.He says: "There were many others in my position as well. But one announced he was a plain clothes revenue protection officer (RPO) and said we would all get £20 penalties."He was there deliberately, knowing the overcrowding would earn him many penalty fares. I protested that I could not get on elsewhere so the RPO, who made no attempt to ask for my name and address, threatened to call the police. He said I would be arrested at Victoria."Wilson, who showed his season ticket and thereby gave his name and address, was not arrested. He asked Southern Railway to investigate. Its internal process sided with the RPO.Some days later, he received a "notice of intention to prosecute". He was accused of refusing to give his name and address, and using "threatening, abusive, obscene or offensive language", as well as fare evasion. This notice, threatening a £1,000 maximum fine, a criminal record, compensation, and possibly prison or community service, was signed by Southern's prosecutions manager.Wilson claims Southern's prosecutions department "has more power than the police, which have to defer to the crown prosecution service. Here, the CPS has no role".Convinced of his innocence, he consulted a solicitor. The lawyer advised offering Southern £125 in full settlement while not accepting guilt. Southern turned that down. Wilson then hired a barrister.The case, in mid-September at London's Tower Bridge Magistrates Court, was brief, says Wilson. "I was effectively prosecuted for protesting. Southern fielded three witnesses from the carriage, each costing £300 in expenses. One failed to turn up, one was more use to me than them, while the third was abusive about her first-class rights. The RPO's evidence from the witness box contradicted much of his previous written testimony, as my barrister pointed out. The magistrates dismissed most of Southern's case very quickly, awarding me my costs [estimated at £1,000-plus] from central funds. I was fined £55 for the ticket problem [travelling without the correct ticket]," says Wilson, who does not want his picture published for fear he will be targeted on rail journeys by revenue protection staff.He believes he was lucky. "I was able to research the law, and I can afford legal representation. Most of the others at the court could not. While some are real cheats, all too many caught by this system are like me. Despite paying nearly £3,300 a year for a ticket for cattle-class conditions, I was treated as a common criminal because I had the temerity to protest. I have no option but to use these trains."Southern said it did not discuss individual cases that had gone to court.Consumer rightsConsumer affairsRail transportTransportTony Leveneguardian.co.uk © Guardian News & Media Limited 2010 | Use of this content is subject to our Terms & Conditions | More Feeds guardian.co.uk |
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