Hello everyone

[fares]

Hello sir members
I've been caught by a swr officer at weybridge I was travelling from vauxhall to Surbiton and I didn't go out in Surbiton for a reason I don't know the area there and I was following my trip by phone and because my phone turn off because of battery I thought to continue to weybridge and when the officer ask me where I'm going I told him that I'm going to Surbiton and his say that I passed Surbiton with 4 stops his give me a report for prosecution this have more than months and half so now I'm here in UK as visitor and I'm from France I give them my friend address and now soon I have to go back and I'm confused what to do I really want to sort out that matter I'm guilty and this first time happens to me and I want to ask for apologies and i don't want to go through the court I would be happy to pay unfortunately I did email them about my case for day later i say sorry and i told them that im happy to pay the cost without going to the court and I saw an letter example and I see there is a NI number to provide I asked about that and UK not giving it to the EU citizen anymore and I don't have it I'm asking you sir members if anyone can help me with advice I will be really grateful
Thank you
Kind regards
Fares

 

[Fermiboson]

So you committed several criminal offences here.
You overtravelled beyond the validity of your ticket - Regulation of Railways Act 1889 s5.3(b)
You gave false details to an officer of the railway - Regulation of Railways Act 1889 s5.1
Maximum fine of 1000 quid and three months imprisonment (but in reality, the imprisonment never happens).

It was unwise of you to be dishonest there, as this is an aggravating factor and potentially affects out of court settlement offers. Whenever the railway offers an out of court settlement offer, unless you are confident you are not guilty of any criminal offence it is almost always in your interest to take it.

It would be useful to see the precise correspondence that has gone on between you and SWR, including the journeys they claim you have undertaken illegitimately and the amount they are asking for. We will be able to advise if this is typical and any room you may or may not have for manuveur.

You do not need to provide an NI number - the template is a template. In your reply to the railway you should make clear that:
- You acknowledge you have fare evaded and you understand it is wrong (fare evasion costs the UK taxpayer millions of pounds per year)
- You will not commit fare evasion again
- If you will ever be in the UK again, you have undertaken necessary measures to purchase the correct ticket to avoid fare evading again (e.g. if you are a frequent visitor, get an Oyster card)
- You would be very grateful if the railway would allow you (since it is at their discretion) to settle the matter out of court.

You may already have sent the letter I’m telling you to send, I can’t tell since you’re not providing us with any actual correspondence.

Oh and - if you never plan to visit the UK again, you *may* be able to get away with just ignoring it. But that would mean you have some sort of warrant or unfulfilled summons in a foreign country with all the unpleasantness that entails.

 

[Haywain]

I was travelling from vauxhall to Surbiton and I didn't go out in Surbiton for a reason I don't know the area there and I was following my trip by phone and because my phone turn off because of battery I thought to continue to weybridge

This makes no sense - there are signs on the platform that would tell you that the train has arrived at Surbiton, so why on earth would you not leave the train? Were you using contactless payment or holding a Travelcard or some other ticket to Surbiton, and were stopped leaving the station at Weybridge?

== Doublepost prevention - post automatically merged: 17 Oct 2024 ==

I can’t tell since you’re not providing us with any actual correspondence.

I think we're being told no correspondence has yet been received from SWR.

 

[Fermiboson]

I think we're being told no correspondence has yet been received from SWR.

I am also confused. Did OP email SWR unprompted? Are they still in the UK?

PS. To OP, I forgot, but very important: Does your friend know you have given their address to the railway?

 

[fares]

So you committed several criminal offences here.
You overtravelled beyond the validity of your ticket - Regulation of Railways Act 1889 s5.3(b)
You gave false details to an officer of the railway - Regulation of Railways Act 1889 s5.1
Maximum fine of 1000 quid and three months imprisonment (but in reality, the imprisonment never happens).

It was unwise of you to be dishonest there, as this is an aggravating factor and potentially affects out of court settlement offers. Whenever the railway offers an out of court settlement offer, unless you are confident you are not guilty of any criminal offence it is almost always in your interest to take it.

It would be useful to see the precise correspondence that has gone on between you and SWR, including the journeys they claim you have undertaken illegitimately and the amount they are asking for. We will be able to advise if this is typical and any room you may or may not have for manuveur.

You do not need to provide an NI number - the template is a template. In your reply to the railway you should make clear that:
- You acknowledge you have fare evaded and you understand it is wrong (fare evasion costs the UK taxpayer millions of pounds per year)
- You will not commit fare evasion again
- If you will ever be in the UK again, you have undertaken necessary measures to purchase the correct ticket to avoid fare evading again (e.g. if you are a frequent visitor, get an Oyster card)
- You would be very grateful if the railway would allow you (since it is at their discretion) to settle the matter out of court.

You may already have sent the letter I’m telling you to send, I can’t tell since you’re not providing us with any actual correspondence.

Oh and - if you never plan to visit the UK again, you *may* be able to get away with just ignoring it. But that would mean you have some sort of warrant or unfulfilled summons in a foreign country with all the unpleasantness that entails.

Hi sir I really appreciate your answer it's make me feel better thank you
I will be happy to stay in contact with them and I will be happy to pay what cost and I don't want to be banned from entering the UK again because of this matter and I'm still waiting for the letter and I want to answer to them and explain to them that I'm a visitor in the UK and of there is any possibility to not go through the court and I want to ask them if they can contact me through the email instead of the letter because I'm going back to France and i will be happy to come back when they need me because i heard that might need interviewing in some case and i don't know if i can leave the case to a solicitor to settle it out of the court
Thank you

 

[Haywain]

Did OP email SWR unprompted?

That's how I read it.

 

[fares]

Ye

This makes no sense - there are signs on the platform that would tell you that the train has arrived at Surbiton, so why on earth would you not leave the train? Were you using contactless payment or holding a Travelcard or some other ticket to Surbiton, and were stopped leaving the station at Weybridge?

== Doublepost prevention - post automatically merged: 17 Oct 2024 ==


I think we're being told no correspondence has yet been received from SWR.

I am also confused. Did OP email SWR unprompted? Are they still in the UK?

PS. To OP, I forgot, but very important: Does your friend know you have given thei

This makes no sense - there are signs on the platform that would tell you that the train has arrived at Surbiton, so why on earth would you not leave the train? Were you using contactless payment or holding a Travelcard or some other ticket to Surbiton, and were stopped leaving the station at Weybridge?

== Doublepost prevention - post automatically merged: 17 Oct 2024 ==


I think we're being told no correspondence has yet been received from

== Doublepost prevention - post automatically merged: 17 Oct 2024 ==

yes my friend knows I hope he's not going to be in any trouble because of that

 

[Fermiboson]

Hi sir I really appreciate your answer it's make me feel better thank you
I will be happy to stay in contact with them and I will be happy to pay what cost and I don't want to be banned from entering the UK again because of this matter and I'm still waiting for the letter and I want to answer to them and explain to them that I'm a visitor in the UK and of there is any possibility to not go through the court and I want to ask them if they can contact me through the email instead of the letter because I'm going back to France and i will be happy to come back when they need me because i heard that might need interviewing in some case and i don't know if i can leave the case to a solicitor to settle it out of the court
Thank you

You cannot leave the case to a solicitor anyways, a court summons requires you to attend in person. It is likely you do not need to pay for one, this is almost always more expensive than a simple settlement. You are likely to be able to obtain a settlement.

When you receive correspondence from SWR, not before (the customer service will not be able to assist you since they don’t know what prosecutions are doing), you will want to draft a reply along the lines of what I have said. Tell your friend to check his mailbox very frequently - he won’t be in trouble but you certainly will if he misses the letter. I don’t think you will be able to tell them how to contact you.

Should clarify - in the UK fare evasion is a criminal offence but train companies including SWR prefer to settle out of court due to larger recovery for the company. Mainly they want to make sure they do not need to spend more effort chasing you down if you fare evade again. If you cooperate and are honest they likely will offer you out of court settlement. No need to go to court, no criminal record or interview under PACE if that is what happens.

 

[fares]

Not

This makes no sense - there are signs on the platform that would tell you that the train has arrived at Surbiton, so why on earth would you not leave the train? Were you using contactless payment or holding a Travelcard or some other ticket to Surbiton, and were stopped leaving the station at Weybridge?

== Doublepost prevention - post automatically merged: 17 Oct 2024 ==


I think we're being told no correspondence has yet been received from SWR.

You cannot leave the case to a solicitor anyways, a court summons requires you to attend in person. It is likely you do not need to pay for one, this is almost always more expensive than a simple settlement. You are likely to be able to obtain a settlement.

When you receive correspondence from SWR, not before (the customer service will not be able to assist you since they don’t know what prosecutions are doing), you will want to draft a reply along the lines of what I have said. Tell your friend to check his mailbox very frequently - he won’t be in trouble but you certainly will if he misses the letter. I don’t think you will be able to tell them how to contact you.

Should clarify - in the UK fare evasion is a criminal offence but train companies including SWR prefer to settle out of court due to larger recovery for the company. Mainly they want to make sure they do not need to spend more effort chasing you down if you fare evade again. If you cooperate and are honest they likely will offer you out of court settlement. No need to go to court, no criminal record or interview under PACE if that is what happens.

sir thank you very much for this information you give me today I feel more than happy to hear them I really appreciate your help and advice I've blocked my life for month and half since that happened to me and now you give me I light to my case soon I receive Thier letter I will post it again here and I will be happy if I can settle down out of court thank you really appreciate your help and advice
Thank you
Kind regards
Fares

 

[island]

You cannot leave the case to a solicitor anyways, a court summons requires you to attend in person.

That is incorrect. See section 122 of the Magistrates Court Act.

 

[fares]

That is incorrect. See section 122 of the Magistrates Court Act.

Thank you for your answer I really appreciate it I will do my best to be here till the matter is finished I don't know if they have any pathway or any quicker way for visitors and tourists to make decisions a little faster
Thank you

 

[30907]

Thank you for your answer I really appreciate it I will do my best to be here till the matter is finished I don't know if they have any pathway or any quicker way for visitors and tourists to make decisions a little faster
Thank you

Provided your friend will forward (or open) the letter when it arrives, and you then reply suitably to SWR, this should be enough to keep the case out of court. SWR deal with a lot of similar cases, so the letter may not arrive for some time yet.

 

[Fermiboson]

That is incorrect. See section 122 of the Magistrates Court Act.

Thank you for the correction.

 

[fares]

Provided your friend will forward (or open) the letter when it arrives, and you then reply suitably to SWR, this should be enough to keep the case out of court. SWR deal with a lot of similar cases, so the letter may not arrive for some time yet.

Thank you I will do that and I'm asking about it every day I hope I will receive it soon now it's around 6 weeks since that happened to me I hope to receive it soon