Report for Prosecution South Western Railway - Short Fare

[Augu5tine]

Hi there,

I was hoping anyone would be able to offer me some advice.

Yesterday morning I was travelling from Hampton Wick to London Waterloo. I could not remember if I had tapped on the train as I normally do so I checked my bank app to see if the 10p holing charge had been applied. It had not so I concluded I had forgotten to tap in and I (very stupidly) bought a ticket from Vauxhall to London Waterloo to avoid paying for a full price ticket (£4.10 instead of £9.40). I go on to take the tube to work and make the same journey home (tube+train) so normally pay up to the £16.30 daily spend cap when I travel to work and was trying to avoid paying more than that.

I was stopped at the barriers in Waterloo and asked where I was travelling from. I replied that I was travelling from Vauxhall as I knew that’s where my ticket was from. They did not believe me and I panicked and tried to lie but after they pressed me on it I admitted the truth. They asked me for all my details and I gave them to the worker thinking they were giving me a fine. I am very embarrassed to admit that I was not as polite as should have been. I would like to make it clear I was in no way aggressive but I did rush the worker by asking how much longer it would take as I was holding back tears and did not want to cry in front of a stranger. I know that this was very wrong and I should have apologised more profusely and offered to pay the full fare but I was very embarrassed and did not want all the other people getting off the train to see me cry.

I was given a South Western Railway Report for Prosecution and was shocked to discover I could be given an criminal record.

I am now very worried what sort of trouble this will lead to. I am 22 years old and have never been in any sort of trouble before (at school or with the police). I now know that what I did is fare evasion and is a criminal offence and I am terrified to think that this will lead to a criminal record which could seriously impact jobs etc in the future.

I am also aware that they will be able to view my travel history. I had made the same mistake once last month (forgot to tap in and bought a shorter fare to avoid paying more than the £16.30 travel cap). And, I am ashamed to admit that when I was a student in 2023 then were 20-30 occasions where I deliberately bought shorter fares to save money. I knew this was wrong and stopped doing it as I worried I would get caught but I did not realise it was criminal (although I know that this is not an excuse at all). I could only find emails/evidence on train line app for about 5 of these journeys but looking at my bank history I found 20-30 charges that could potentially have been fare evasion (although I can’t be 100% sure as I don’t remember).

I know what I did was completely wrong and I will never EVER evade fares again (this has definitely taught me a lesson). But I would be very grateful to know

a. the liklihood that they will find/bring up the instances from 2023 as they are more than 6 months ago (I’ve seen on here that they can’t prosecute something more than 6 months ago but I don’t know if that’s true)

b. the liklihood I will be able to settle this matter out of court (I am more than willing to pay any fine necessary)

And c. How long this process might take

While my situation is completely my own making I am very regretful of my actions and would so appreciative of any advice on avoiding criminal charges.

 

[Haywain]

I am very embarrassed to admit that I was not as polite as should have been. I would like to make it clear I was in no way aggressive but I did rush the worker by asking how much longer it would take as I was holding back tears and did not want to cry in front of a stranger. I know that this was very wrong and I should have apologised more profusely and offered to pay the full fare but I was very embarrassed and did not want all the other people getting off the train to see me cry.

None of this is anything to be concerned about, and you wouldn't have been given the opportunity to pay the full fare anyway as they will want to investigate your purchase history.

a. the liklihood that they will find/bring up the instances from 2023 as they are more than 6 months ago (I’ve seen on here that they can’t prosecute something more than 6 months ago but I don’t know if that’s true)

There is a high possibility that these will be found and brought up for full payment.

b. the liklihood I will be able to settle this matter out of court (I am more than willing to pay any fine necessary)

Very high, as long as you co-operate with SWR when they contact you.

c. How long this process might take

A month or three. The time limit is that in order to prosecute you they would need to lay papers before the court by 1st September.

When you receive a letter from SWR post it here and we can assist you in formulating a appropriate reply.

 

[jfollows]

They can not prosecute for offences over 6 months old, but what you’re looking for is an out of court settlement in which you agree to pay them unpaid fares plus their administration costs, and they can ask for what they like here, but do not volunteer information to them they are not asking for.

Because of the 6 month limit, however, they will only prosecute you for the offence when they stopped you, which has to be within six months. They will offer to settle instead of this, within six months.

They can not prosecute you for previous dates based on your purchase history because there is no evidence for these that you travelled at the time.

To summarise, if that’s not clear, they will prosecute you for one offence, but if you engage with them when they write to you, they will offer you a settlement amount instead, likely based on an analysis of your purchase history.

 

[Augu5tine]

Thank you so much for responding so fast - I will absolutely share any correspondence I receive from SWR

 

[Fawkes Cat]

They can not prosecute you for previous dates based on your purchase history because there is no evidence for these that you travelled at the time.

To just expand a little on this: while after six months there's no risk of prosecution (a longer way of saying 'prosecution' is 'being taken to court in front of the magistrates: if convicted by pleading guilty or being found guilty you will be punished with a fine and have a criminal record') there is however the risk of being sued in the civil courts for the money you owe. The civil courts don't find you guilty and don't punish you with a fine and criminal record: but they can decide whether it's more likely than not that you owe money to the railway - and if that's what they decide, they can tell you to pay the money.

I'm not telling you this to worry you: what it means is that when the railway get back in touch with you, they've still got a stick to beat you with to agree an out of court settlement. So as people have said, wait until the railway write to you in a few days/weeks/months - but then, please do come back to us and we should be able to help you know what you will have to do to get the railway off your back.

 

[WesternLancer]

Thank you so much for responding so fast - I will absolutely share any correspondence I receive from SWR

The general advice often given here may be of help for you to read through, tho it looks like you have done some research already to find out more about this.
As explained - they can't prosecute you for the old instances of not paying the correct fare - but they don't need to - they can just prosecute you for the recent one - but they can ask you for payment for the old fares as part of any out of court settlement whilst they have you over the barrel of the threat of prosecution for the one recent occasion, assuming you will be keen to avoid such prosecution.

Here's the usual advice anyway:


Firstly, you committed a criminal offence by travelling with an invalid ticket and railway companies are entitled to prosecute you in the Magistrates Court if they want to. The good news is they will normally offer an out of court settlement to people who co-operate with them and who haven't come to their attention before.

Next, what happens is the railway company will write to you. The letter will go to the address that you gave them / on any of your ID they checked so you need to be able to access hard copy post at that address as they often send things that way (but also check e-mail and spam). It is extremely important that you reply, and you'll only have a limited time to do so (often 14 days from the date on their communication).

When you receive the letter post a redacted copy of it in this thread, along with your draft reply and forum members will proof read it for you. You'll find lots of example letters you can use in this section of the forum but the reply basically needs to mention:

- That you are sorry for what has happened
- What you have learned from the incident and will not do this again
- That you are keen to settle the matter without the need for court action
- Offer to pay the outstanding fare and the railway company’s administrative costs in dealing with the matter

The railway will probably offer you an out of court settlement. Expect to have to pay the cost of the fare for the journey you made at the full Anytime rate with no credit given for the invalid ticket you purchased. In addition they will charge an admin fee, typically £150. They will also audit your online ticket purchase history and if this shows you've purchased other tickets that were not valid (eg railcard discounted tickets when you did not have a valid railcard, or tickets for only part of the journey, or tickets bought after boarding the train you travelled on ) they will probably factor the cost of these journeys into the settlement offer. Depending on how many journeys you've made over the period concerned this could end up being expensive.

Settlements usually have to be paid in full within a few days of them being offered so if money is tight you might want to think about how you will raise the sum required at short notice.

 

[Augu5tine]

The general advice often given here may be of help for you to read through, tho it looks like you have done some research already to find out more about this.
As explained - they can't prosecute you for the old instances of not paying the correct fare - but they don't need to - they can just prosecute you for the recent one - but they can ask you for payment for the old fares as part of any out of court settlement whilst they have you over the barrel of the threat of prosecution for the one recent occasion, assuming you will be keen to avoid such prosecution.

Here's the usual advice anyway:


Firstly, you committed a criminal offence by travelling with an invalid ticket and railway companies are entitled to prosecute you in the Magistrates Court if they want to. The good news is they will normally offer an out of court settlement to people who co-operate with them and who haven't come to their attention before.

Next, what happens is the railway company will write to you. The letter will go to the address that you gave them / on any of your ID they checked so you need to be able to access hard copy post at that address as they often send things that way (but also check e-mail and spam). It is extremely important that you reply, and you'll only have a limited time to do so (often 14 days from the date on their communication).

When you receive the letter post a redacted copy of it in this thread, along with your draft reply and forum members will proof read it for you. You'll find lots of example letters you can use in this section of the forum but the reply basically needs to mention:

- That you are sorry for what has happened
- What you have learned from the incident and will not do this again
- That you are keen to settle the matter without the need for court action
- Offer to pay the outstanding fare and the railway company’s administrative costs in dealing with the matter

The railway will probably offer you an out of court settlement. Expect to have to pay the cost of the fare for the journey you made at the full Anytime rate with no credit given for the invalid ticket you purchased. In addition they will charge an admin fee, typically £150. They will also audit your online ticket purchase history and if this shows you've purchased other tickets that were not valid (eg railcard discounted tickets when you did not have a valid railcard, or tickets for only part of the journey, or tickets bought after boarding the train you travelled on ) they will probably factor the cost of these journeys into the settlement offer. Depending on how many journeys you've made over the period concerned this could end up being expensive.

Settlements usually have to be paid in full within a few days of them being offered so if money is tight you might want to think about how you will raise the sum required at short notice.

Thank you so much - I really appreciate the advice. From what I can tell I have taken between 20 and 30 short fares. I do use the railcard discount however my railcard has been valid for all purchased journeys as far as I am aware. The journey in question is £9.40 without a rail card- if I manage to put aside at least £432 (30x9.4 +150) before I receive their letter, should that be sufficient?

== Doublepost prevention - post automatically merged: 3 Mar 2026 ==

The general advice often given here may be of help for you to read through, tho it looks like you have done some research already to find out more about this.
As explained - they can't prosecute you for the old instances of not paying the correct fare - but they don't need to - they can just prosecute you for the recent one - but they can ask you for payment for the old fares as part of any out of court settlement whilst they have you over the barrel of the threat of prosecution for the one recent occasion, assuming you will be keen to avoid such prosecution.

Here's the usual advice anyway:


Firstly, you committed a criminal offence by travelling with an invalid ticket and railway companies are entitled to prosecute you in the Magistrates Court if they want to. The good news is they will normally offer an out of court settlement to people who co-operate with them and who haven't come to their attention before.

Next, what happens is the railway company will write to you. The letter will go to the address that you gave them / on any of your ID they checked so you need to be able to access hard copy post at that address as they often send things that way (but also check e-mail and spam). It is extremely important that you reply, and you'll only have a limited time to do so (often 14 days from the date on their communication).

When you receive the letter post a redacted copy of it in this thread, along with your draft reply and forum members will proof read it for you. You'll find lots of example letters you can use in this section of the forum but the reply basically needs to mention:

- That you are sorry for what has happened
- What you have learned from the incident and will not do this again
- That you are keen to settle the matter without the need for court action
- Offer to pay the outstanding fare and the railway company’s administrative costs in dealing with the matter

The railway will probably offer you an out of court settlement. Expect to have to pay the cost of the fare for the journey you made at the full Anytime rate with no credit given for the invalid ticket you purchased. In addition they will charge an admin fee, typically £150. They will also audit your online ticket purchase history and if this shows you've purchased other tickets that were not valid (eg railcard discounted tickets when you did not have a valid railcard, or tickets for only part of the journey, or tickets bought after boarding the train you travelled on ) they will probably factor the cost of these journeys into the settlement offer. Depending on how many journeys you've made over the period concerned this could end up being expensive.

Settlements usually have to be paid in full within a few days of them being offered so if money is tight you might want to think about how you will raise the sum required at short notice.

Thank you very much for your advice- I would like to avoid criminal charges at any reasonable cost. I did take those journey so I completely understand if I have to pay back any money I owe but I really don’t want to end up with a criminal record over this

 

[WesternLancer]

Thank you so much - I really appreciate the advice. From what I can tell I have taken between 20 and 30 short fares. I do use the railcard discount however my railcard has been valid for all purchased journeys as far as I am aware. The journey in question is £9.40 without a rail card- if I manage to put aside at least £432 (30x9.4 +150) before I receive their letter, should that be sufficient?

Yes, ball park that is the sort of sum you need to be prepared to have available in case needed - aim to have £500 - if feasible put it in an account which earns some interest - because this might take a few months to conclude - but can be accessed quickly when needed for example.

== Doublepost prevention - post automatically merged: 3 Mar 2026 ==

Thank you very much for your advice- I would like to avoid criminal charges at any reasonable cost. I did take those journey so I completely understand if I have to pay back any money I owe but I really don’t want to end up with a criminal record over this

With help from here that should be achievable in my view - look through some other threads involving SW railway to get an idea of what happens.

 

[Augu5tine]

To just expand a little on this: while after six months there's no risk of prosecution (a longer way of saying 'prosecution' is 'being taken to court in front of the magistrates: if convicted by pleading guilty or being found guilty you will be punished with a fine and have a criminal record') there is however the risk of being sued in the civil courts for the money you owe. The civil courts don't find you guilty and don't punish you with a fine and criminal record: but they can decide whether it's more likely than not that you owe money to the railway - and if that's what they decide, they can tell you to pay the money.

I'm not telling you this to worry you: what it means is that when the railway get back in touch with you, they've still got a stick to beat you with to agree an out of court settlement. So as people have said, wait until the railway write to you in a few days/weeks/months - but then, please do come back to us and we should be able to help you know what you will have to do to get the railway off your back.

Thank you very much for your advice- I would like to avoid criminal charges at any reasonable cost. I did take those journey so I completely understand if I have to pay back any money I owe but I really don’t want to end up with a criminal record over this

== Doublepost prevention - post automatically merged: 3 Mar 2026 ==

Yes, ball park that is the sort of sum you need to be prepared to have available in case needed - aim to have £500 - if feasible put it in an account which earns some interest - because this might take a few months to conclude - but can be accessed quickly when needed for example.

== Doublepost prevention - post automatically merged: 3 Mar 2026 ==


With help from here that should be achievable in my view - look through some other threads involving SW railway to get an idea of what happens.

Thank you again, I will put as much money aside as I can and get back in touch when I hear from Swr

 

[Augu5tine]

Hi all! It has been three months and I have not heard anything from SWR - so I was wondering if I should be concerned the letter has gotten lost? Should I reach out to them at any point?

 

[Fawkes Cat]

Hi all! It has been three months and I have not heard anything from SWR - so I was wondering if I should be concerned the letter has gotten lost? Should I reach out to them at any point?

At the moment, it seems that some of the train companies have quite a backlog of work. In practice, all you can do is carry on to wait and see.

 

[WesternLancer]

Hi all! It has been three months and I have not heard anything from SWR - so I was wondering if I should be concerned the letter has gotten lost? Should I reach out to them at any point?

you may as well have a read of this copy of a post I made on another thread - if it helps you consider things - having said that I don't think I would be minded to contact them proactively after 3 months for the reason @Fawkes Cat mentions if nothing else - but after maybe 4.5 months the sort of stuff below is worth weighing up in my view - here it is:



The reason I often suggest that if people have not heard in 4 months to come back here for further advice is as follows

The railway has 6 Months form the date of the incident to commence criminal legal action for ticket irregularity cases - including accidental ones potentially (ie prosecute you in the magistrates court). If they don't commence that process then they lose that opportunity - which is the main sanction they have over you - including getting you to pay a settlement out of court under threat of criminal prosecution that may include historic evasion / unpaid that they discover.

But
That needs to be set against the risk that they might do this at the last minute (send the case to court), which then commences the court process - which has a hard deadline set by the court (which you can't ask to be set back date wise) - that then makes it more difficult - because the time window is limited by the court deadlines for the case to be heard - to get an out of court settlement before the court issues a verdict (ie you are sentenced by the court)- which can make the chances of then negotiating a settlement much more pressured because of the courts time deadline. We still see people settling, but we also see the railway company just letting it go to court - which most people who come here for advice want to avoid.
But
that needs to be set against the prospect of them forgetting about you and nothing happening at all....(However, I personally think that if someone's details were taken, and esp if a case ref number was issued by the inspector - the chances of being forgotten about are not that high)

So you have a choice between:

A) Do nothing and see what happens in 6 months (plus 2 or 3 weeks to see if you receive paperwork from the court in the post)
Pros - they might forget about you and nothing happens within the 6 months + 3 weeks period

Cons - you might get a court summons at the last minute and that might be difficult to then negotiate a settlement out of court due to the limited time available to persuade the railway company to offer one before the deadline set by the court to deal with court paperwork - there may only be a couple of weeks time to do this)

or

B) write to them now / a few weeks before the 6 months is up, to ask what they are doing about your case
Pros - they might respond and you can then follow the advice on the forum about how to best get an out of court settlement
- there is more time to then try to get an out of court settlement (possibly making 2 or 3 attempts if necessary) without a court deadline date ticking away

Cons - You remind them of your case when they might have forgotten about it so you can pretty much guarantee that you will probably then have to pay them the out of court settlement, or in a worst case scenario they might then decide to prosecute you, though this is not their usual procedure

Only you can decide what you want to do at this stage.

However, if you do want to write to them to find out what is happening, I suggest something very simple that simply asks them what they are doing about the matter from when you were questioned

for example - something along these lines:

Address of Railway Revenue Enforcement Section

Today's Date

Dear Sir/ Madam

I was stopped on x date at y location and questioned about the validity of my rail ticket.

I was given this ref number xxxxx [If you were given a ref number - otherwise delete this line]

I was advised by the member of staff who spoke to me that I would hear from you in due course. Since some time has gone by since that date I would be grateful if you could let me know if there is any further action related to this that I need to respond to.

Please note my name and address is xxx

My e-mail address is: xxxx

Yours faithfully

 

[Augu5tine]

I hadn’t seen that before- thanks so much! It’s super helpful