Fare Evasion - Court Letter - HELP!

[Reptec]

Hi Everyone,

Today I have received a letter summoning me to court on for fare evasion.

In April, I was travelling to London and was caught “short ticketing”.
The gate didn’t open and the ticket officer upon checking realised this ticket was printed in at another station and therefore determined I was fare evading… fully regret my actions

I was pulled aside by the ticket officer, and they took down a witness statement.

Around a month later I received the usual letter asking for my turn on the events.
I replied to this letter with a apology hoping for an out of court settlement:

I did not receive a reply to my letter, and today I received my court summons.

What do you all recommend as next steps in order to get an out of court settlement?

• Do I write another letter? (worried they may not reply in time)
• Or do I just contact a solicitor and pay the price?

I am extremely worried and do not want this to go to court.

Any help would be much appreciated

 

[WesternLancer]

Hi Everyone,

Today I have received a letter summoning me to court on the 23rd August 2023 for fare evasion.

In April, I was travelling from Brighton to London Bridge and was caught “short ticketing” by Southeastern at London Bridge.
I had purchased a ticket from London Blackfriars to London Bridge to open the gate on arrival in London and therefore avoid paying the full journey to London.
The gate didn’t open and the ticket officer upon checking realised this ticket was printed in Brighton and therefore determined I was fare evading… fully regret my actions

I was pulled aside by the ticket officer, and they took down a witness statement.

Around a month later I received the usual letter asking for my turn on the events.
I replied to this letter with the below apology hoping for an out of court settlement:

“Dear Southeastern,​

​

I am writing to express my sincerest apologies for my actions on the ** April. I made a foolish error of judgement in purchasing the wrong ticket to assist my financial situation and I understand that my decision was wrong.​

Since the incident, I have learned from my mistake and can assure you that I will not repeat such behaviour in the future.​

​

I humbly request an opportunity to settle this matter without the need for a court appearance. In the event of a conviction I would receive a criminal record and, given the nature of my career, it would result in me losing my job. If this matter can be settled, I am willing to pay any administration charges for the investigation, and to cover the lost revenue.​

​

I have no previous convictions nor have I ever been cautioned by the police. I am truly sorry for my actions and am now fully aware of the consequences. I can assure you I will never attempt anything like this again, please accept my apologies for any inconvenience I have caused.” ​

I did not receive a reply to my letter, and today I received my court summons (see pics below)

What do you all recommend as next steps in order to get an out of court settlement?

• Do I write another letter? (worried they may not reply in time)
• Is there a Southeastern email/phone number I can use to try another quick apology?
• Or do I just contact a solicitor and pay the price?

I am extremely worried and do not want this to go to court.

Any help would be much appreciated

I'm wondering if they never got your reply - did you send it by a traceable method by any chance. South eastern are usually fairly pragmatic - unless you have a persistent record of doing this they they knew about. Obv your case is very deliberate evasion complete with a 'printed fingerprint' at the scene of the crime (on the ticket you used about where collected), but you won't be the only one to have done that.

Can you write again to the address on your original letter from them, this time sending it registered post / amending a bit to apologise that they have felt they needed to commence court action but could they look again at the case to see if there is any way the matter can be resolved without court action.

Also of course wait to see what other respondents say on this thread when ppl post.

 

[kkong]

Any help would be much appreciated

You may wish to check and redact your surname which you have left visible in some of the images.

From some of the (not so well obscured) parts in other images, it's also possible to work out your first name.

 

[skyhigh]

The witness statement suggests that one of the tickets you showed had also been previously used. Is that right?

 

[Reptec]

@WesternLancer - Agree, I have a feeling they never even received my letter. Is it worth calling Southeastern customer service (0345 322 7021) to follow up? and if that fails send a follow up letter?

@skyhigh - Hmm I'm not too sure, that was a off-peak any time return from Brighton to London so I'm sure how I could have even used that at peak hours?

@kkong - thanks, updated!

 

[Hadders]

I agree that it could well be that Southeastern never received your initial letter.

Customer Services won’t be able to help, you need to contact their Prosecutions Department whose contact details are (understandably) not widely publicised. I would try and call rather than write in the first instance.

 

[furlong]

Take legal advice as this looks like an imaginative interpretation of the word 'beyond'. They might have the wrong charge here.

It appears that you had a ticket valid at London Bridge so I don't think there would have been an offence "at London Bridge" - you didn't proceed "beyond" London Bridge by train without a ticket, did you? (It looks more like a 5.3(a) offence completed in Brighton to me, detected at London Bridge, intention evidenced by the short ticket.)

The reference to the return ticket implies that they read the magnetic stripe on it and found it had previously passed through a particular ticket gate at a particular time indicating it was already used.

 

[kkong]

Take legal advice as this looks like an imaginative interpretation of the word 'beyond'. They might have the wrong charge here.

Yes - a section 5.3.(a) charge might have been more appropriate?

Travels or attempts to travel on a railway without having previously paid his fare, and with intent to avoid payment thereof

 

[Reptec]

@Hadders - Thanks, I think I've managed to dig out the Prosecutions Department number (you're right wasn't easy finding), any advice on what to say?

@furlong / @kkong - I'll definitely consider legal advice if the call tomorrow doesn't go anywhere, will keep you posted!

 

[island]

I would also agree that the reply letter may have been lost in the post.

I would suggest sending a copy of the letter and an explanatory note, today, by special delivery, repeating your request to settle out of court.

The prosecution can be withdrawn right up to the court date.

 

[Sultan]

It would appear your name may still be visible in the witness continuation page 2. No attempt to hide the name I can see.

 

[WesternLancer]

@Hadders - Thanks, I think I've managed to dig out the Prosecutions Department number (you're right wasn't easy finding), any advice on what to say?

@furlong / @kkong - I'll definitely consider legal advice if the call tomorrow doesn't go anywhere, will keep you posted!

ask them if they have a record of getting your letter, if they say no - ask if you can send it again. If they say that won't help send an amended version of it again. Send it registered post or signed for or whatever it is called so you can track that they got it.

If they say they did get it, ask them why they did not reply to say they had decided to commence court action.