Do I need a solicitor?

[Rockford11]

I recently mistakenly bought a ticket with a Railcard that had expired only a week earlier. I was stopped at the gates, gave my address and a month later received a Notice of Intended Prosecution. The letter stated I should think about seeking legal advice.

I emailed the company back explaining how sorry I was about the one-off mistake, explained the situation and said I hoped to sort this out of court with payments and the like. I so far haven't heard back.

As it was a one-off and minor mistake, do you think I need to get a solicitor involved?

Any advice would be much appreciated. Thanks

 

[Cuthbert]

Depends on which train company.

But!

Please bear in mind the following, when asking for advice in this section:

• We need to know all relevant facts in order to assist you, including, for example:
  • The stations* where you actually started & finished your journey
  • The stations* where you changed trains (if applicable);
  • If you presented a ticket(s), the information* stated under "Ticket type", "From", "To", "Route", and any other relevant details;
  • Details of any Railcard(s) held;
  • When and where ticket(s) were purchased, including whether this was prior to the journey commencing;
  • What happened in any encounter with railway staff;
  • Upload copies of any paperwork (with personal details redacted) with your post.

Then the Pro's can help you.

 

[Titfield]

If there are no other instances of fare evasion, you were not abusive or threatening and it does not involve TfL then a solicitor is not required.

 

[jfollows]

Dates!

But I suggest that, in general, as long as you provide answers to questions, you will get better free advice here than you would from a solicitor whom you would need to pay. As long as you’re prepared to represent yourself based on the advice you’re given, you will not be disadvantaged.

 

[ikcdab]

You need to wait until they write back to you. And see whatv they say. You may get offered a settlement which you pay and then the matter is closed. However they may decide to take you to court. Come back here when you get the next letter and we can advise you further.

 

[Hadders]

Welcome to the forum!

Only you can decide whether or not to use a solicitor. Personally I wouldn't use one at this stage, based on what you've told us.

The case is straightforward. There is no dispute about the facts. Train companies will normally offer an out of court settlement for cases like this as long as you co-operate with them, and haven't come to their attention before.

Should your reply to the train company's initial letter not be favourable then that is the point at which I would use a solicitor.