Awaiting Prosecution Letter

[Forum321]

On Saturday, I was stopped by a SWR member at the barriers at London Waterloo after failing to produce a valid ticket for the whole journey (destination was not Waterloo). This was obviously an utterly stupid error which could’ve easily been avoided. I was then given a slip by the SWR member, after writing down my details from my ID, which stated prosecution on there so I imagine I will receive a letter. However I am increasingly concerned that the SWR guard has inputted my date of birth incorrectly. I know for sure that my name and address on there is correct but after glancing at the guards device, upon reflection I’m confident that the DOB stated that I was born in 2006 not 2005. This would make me a child not an adult however I didn’t say anything at the time as I was pretty overwhelmed. He didn’t read the details out loud he simply copied them down after asking for my ID.

So before anything else, my questions are these. If my date of birth was to be recorded as 2006, would the letter be sent to my parents? How would they obtain my parents names? If it was to be sent to my parents, would they have to respond to the letter and say I am an adult, or would I have to respond and explain the error? Would there be further consequences for the wrong age being recorded aswell?

I highly appreciate any help on this matter!

 

[island]

If they feel the need to communicate with your parents they will address the letter to

"the parents or guardians of
your name
your address"

However 16 and up are deemed adults on the railways so someone born in 2005 or 2006 will be above that age and they may decide to address communication directly to yourself.

If it later becomes necessary to correct their error regarding your date of birth, this can be done administratively.

 

[Fawkes Cat]

Welcome to the forum!

If the letter goes to your parents, it will be addressed to something like 'the parents or guardians of <your name>. I would expect that the railway will be fairly relaxed about who tells them that you are actually an adult: I would suggest sending them a copy of your driving licence, passport or similar - something official that proves your date of birth.

Unless you deliberately gave the wrong age (and you have told us you didn't) there will be no negative impact on you: I suspect that dates of birth are written down wrong several times a day so the railway will be used to getting letters explaining that mistake.

 

[Forum321]

Welcome to the forum!

If the letter goes to your parents, it will be addressed to something like 'the parents or guardians of <your name>. I would expect that the railway will be fairly relaxed about who tells them that you are actually an adult: I would suggest sending them a copy of your driving licence, passport or similar - something official that proves your date of birth.

Unless you deliberately gave the wrong age (and you have told us you didn't) there will be no negative impact on you: I suspect that dates of birth are written down wrong several times a day so the railway will be used to getting letters explaining that mistake.

Would they suspect that it is deliberate even with the name and address being correct? And if it were to go to my parents, would it matter if they didn’t respond and only I did?

 

[30907]

Would they suspect that it is deliberate even with the name and address being correct? And if it were to go to my parents, would it matter if they didn’t respond and only I did?

You can respond stating that you are an adult (DOB) and therefore your parents have asked you to respond (preferably ask them first!). Meanwhile, don't panic!

 

[Forum321]

Thanks very much I do appreciate it! How long can I expect to wait for the letter from SWR? Does living far away from Waterloo and SWR’s offices make a difference?

 

[island]

Thanks very much I do appreciate it! How long can I expect to wait for the letter from SWR? Does living far away from Waterloo and SWR’s offices make a difference?

Typically it's a few weeks but it can be anything up to 5 months. Where you live is not very relevant unless you're somewhere offshore or very remote.

 

[Forum321]

Typically it's a few weeks but it can be anything up to 5 months. Where you live is not very relevant unless you're somewhere offshore or very remote.

Alright I’ll keep an eye out, what are SWR like when it comes to situations like this? Do they look to settle out of court if the person prosecuted engages in the process and owns up to their errors? If it is the first time you have came to their attention, does that make a difference?

 

[Haywain]

Alright I’ll keep an eye out, what are SWR like when it comes to situations like this? Do they look to settle out of court if the person prosecuted engages in the process and owns up to their errors? If it is the first time you have came to their attention, does that make a difference?

SWR are a company who prefer to settle out of court, and only prosecute as a last resort.

 

[Forum321]

SWR are a company who prefer to settle out of court, and only prosecute as a last resort.

That’s good, hopefully it comes to that. I’m aware in these situations the train company will go through purchase history. If they were to come across other journeys they think were short fared, will this limit the chance of an out of court settlement? Will SWR also look at journeys that weren’t with them in this case and look to reclaim money lost?

 

[Haywain]

Will SWR also look at journeys that weren’t with them in this case and look to reclaim money lost?

Yes, they will.

If they were to come across refunds that they think are fraudulent

I find it a little concerning that you consider this question worth asking.

If they were to come across <snip> other journeys they think were short fared, will this limit the chance of an out of court settlement?

In our experience, SWR seek to settle in almost all cases. They may sometime ask someone to attend an interview but even when this has happened they have subsequently settled out of court. I will add the rider that the cases I refer to are those of fare evasion and that I cannot recall having seen a case that also involves any other matters (see above) that may make things worse.

 

[Forum321]

Would a solicitor be of use at all in cases as such? I am 18 with not a lot of money so I wouldn’t want to pay for one if it wouldn’t be much use.

 

[island]

So with the interview (or even the letters), if I were to be completely honest with SWR + admit to all of my wrongdoings, co-operate with SWR and offer to pay all the costs + admin fees etc, would they still look to keep it out of court with a case with other matters involved or would they go straight down the prosecution route? Would a solicitor be of use at all in cases as such? I am 18 with not a lot of money so I wouldn’t want to pay for one if it wouldn’t be much use.

Why do you keep asking the same question again and again despite that it's been answered?

 

[Forum321]

Why do you keep asking the same question again and again despite that it's been answered?

My bad I’ll edit it with the latter question only

 

[Deafdoggie]

So with the interview (or even the letters), if I were to be completely honest with SWR + admit to all of my wrongdoings, co-operate with SWR and offer to pay all the costs + admin fees etc, would they still look to keep it out of court with a case with other matters involved or would they go straight down the prosecution route? Would a solicitor be of use at all in cases as such? I am 18 with not a lot of money so I wouldn’t want to pay for one if it wouldn’t be much use.

The considered wisdom of the forum is to be totally honest in relation to everything they ask you. However, there is no need to incriminate yourself over things they haven't asked you. Wait for the letter and see what they ask. Then answer that using the truth, the whole truth and nothing but the truth, but don't add anything they've not asked about!
Regarding a solicitor, we've seen time and again on here that solicitors virtually always agree out of court settlements. However, at the moment, I suspect you'll get one anyway & so, personally, I'd hold off for now. You can always get one later if needed.

 

[Forum321]

The considered wisdom of the forum is to be totally honest in relation to everything they ask you. However, there is no need to incriminate yourself over things they haven't asked you. Wait for the letter and see what they ask. Then answer that using the truth, the whole truth and nothing but the truth, but don't add anything they've not asked about!
Regarding a solicitor, we've seen time and again on here that solicitors virtually always agree out of court settlements. However, at the moment, I suspect you'll get one anyway & so, personally, I'd hold off for now. You can always get one later if needed.

Thank you very much I do appreciate your help massively! I just wanted to gain as much information as I could before the letter so I know what I can expect in regards to my situation. I will anticipate the letter arriving and see what is asked of me.