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HELP! Prosecution letter without original fine letter.

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emnic03

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Hi, hoping someone can help me!

My partner received a prosecution letter today regarding an evasion to pay charge. He bought a ticket when he finally had WiFi at the end of his journey (Falmer to Brighton) however he got stopped at the barriers to show his ticket. As he bought it during /after the train he got ‘fined’.

He sent emails regarding the fine as nothing had come through the door. He did not receive this letter of the original fine. He then was moving house, therefore he had a different address. He has email threads where he notified Trainline of his move, however, again, no fine letter was sent to him.

We then today have received a prosecution letter regarding this matter.

He does not want to get a criminal record as he is a teacher and this would impact his job. He paid for the ticket, however just too late. He would have payed the fine straight away if he received it but he didn’t.

Can anyone advise us on what to do! This is very stressful.
 
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Fawkes Cat

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Hi, hoping someone can help me!

My partner received a prosecution letter today regarding an evasion to pay charge. He bought a ticket when he finally had WiFi at the end of his journey (Falmer to Brighton) however he got stopped at the barriers to show his ticket. As he bought it during /after the train he got ‘fined’.

He sent emails regarding the fine as nothing had come through the door. He did not receive this letter of the original fine. He then was moving house, therefore he had a different address. He has email threads where he notified Trainline of his move, however, again, no fine letter was sent to him.

We then today have received a prosecution letter regarding this matter.

He does not want to get a criminal record as he is a teacher and this would impact his job. He paid for the ticket, however just too late. He would have payed the fine straight away if he received it but he didn’t.

Can anyone advise us on what to do! This is very stressful.
Welcome to the forum.

It would be really helpful if you could show us the correspondence your partner has received (anonymised so the whole internet doesn't get to know his business): that will help us know exactly what stage the process is at, which train company is involved and so on - which will help us to give the best advice that we can.
 

WesternLancer

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Hi, hoping someone can help me!

My partner received a prosecution letter today regarding an evasion to pay charge. He bought a ticket when he finally had WiFi at the end of his journey (Falmer to Brighton) however he got stopped at the barriers to show his ticket. As he bought it during /after the train he got ‘fined’.

He sent emails regarding the fine as nothing had come through the door. He did not receive this letter of the original fine. He then was moving house, therefore he had a different address. He has email threads where he notified Trainline of his move, however, again, no fine letter was sent to him.

We then today have received a prosecution letter regarding this matter.

He does not want to get a criminal record as he is a teacher and this would impact his job. He paid for the ticket, however just too late. He would have payed the fine straight away if he received it but he didn’t.

Can anyone advise us on what to do! This is very stressful.
Is this a letter from the railway company threatening prosecution?
Or
Is it paperwork from a court stating you are being prosecuted?

Big difference so we need to know.

If you can share what has been received with all of the personal details obscured people here can advise on the options of what to do.

And Trainline wouldn’t have anything to do with this I doubt so contacting them is unlikely to have been of much use.
 

emnic03

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hi guys,

Thanks for both getting back to me. The letter itself was from Govia Thameslink Railway (GTR).

It basically says he is being charged with fare evasion and he needs to either plead guilty or not guilty.

The letter also asks if he wishes to appear in court.

The email threads was also with a Customer relations advisor from Govia Thameslink Railway (GTR).
 

AlterEgo

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Please start by showing us all of the correspondence with his name removed. We need to see exactly what has happened.
 

John R

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Just to clarify one point for the future, assuming there are ticket purchasing facilities at Falmer he committed an offence the moment he stepped on the train at Falmer without a ticket. So he can’t ever rely on train WiFi to purchase a ticket.
 

emnic03

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this is exactly what the charge letter says:

You have been charged with the following offence:


That you on 23 Apr 2025, Did enter a train for the purpose of travelling on the railway, and upon inspection at Brighton (BTN); did not produce a valid ticket entitling travel.


Contrary to Byelaw 18(1) of the Railway Byelaws 2005, made under Section 219 of the Transport Act 2000 by the Strategic Rail Authority and confirmed under Schedule 20 of the Transport Act 2000, as amended by Section 46 of the Railways Act 2005.

Application is being made for a £135.00 contribution towards the costs of Govia Thameslink Prosecutions for all charges served herewith.

Further costs may be incurred if additional documentation is required or if the matter is not resolved by a Single Justice. There will also be an application for a total compensation of £3.80 in respect of the fare(s) avoided.

Our main issue here is due to moving address, even after informing thameslink, no original fine letter was received. If the fine letter came through, it would have been paid straight away, without question.

We have email threads of informing the right people about the move.
 

WesternLancer

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this is exactly what the charge letter says:

You have been charged with the following offence:


That you on 23 Apr 2025, Did enter a train for the purpose of travelling on the railway, and upon inspection at Brighton (BTN); did not produce a valid ticket entitling travel.


Contrary to Byelaw 18(1) of the Railway Byelaws 2005, made under Section 219 of the Transport Act 2000 by the Strategic Rail Authority and confirmed under Schedule 20 of the Transport Act 2000, as amended by Section 46 of the Railways Act 2005.

Application is being made for a £135.00 contribution towards the costs of Govia Thameslink Prosecutions for all charges served herewith.

Further costs may be incurred if additional documentation is required or if the matter is not resolved by a Single Justice. There will also be an application for a total compensation of £3.80 in respect of the fare(s) avoided.

Our main issue here is due to moving address, even after informing thameslink, no original fine letter was received. If the fine letter came through, it would have been paid straight away, without question.

We have email threads of informing the right people about the move.
It’s really important to share the paperwork if at all possible rather than a transcript. If you can. Cover up Personal details and ref numbers and take pics and upload if you can.

If your permissions don’t allow uploads ask the mods with the report button.

Next vital thing:
What’s the deadline for return if these papers with a plea?

We need to see how long you have to see if you can persuade them if they will settle out of court and withdraw the prosecution. They do often agree to that but you are up against the clock. Souther / Thameslink/ GTR that is.

Much of this may need to be done by post too not e mail.

It may be possible to buy more time by asking for case to be heard in court as it takes a while to arrange a date for that.

Others will advise on options and best next steps.
 
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AlterEgo

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We have email threads of informing the right people about the move.
Did you email the prosecutions team? Or just customer services? (These would not be the right people; they are nothing to do with the legal side)

Emailing the prosecution team is your first step now.
 

emnic03

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Did you email the prosecutions team? Or just customer services? (These would not be the right people; they are nothing to do with the legal side)

Emailing the prosecution team is your first step now.
We have emailed the prosecution team explaining the situation and politely asking to settle out of court and pay the fine/additional fees. We are waiting to hear back.

the original emails were to the prosecution team yes.
 

AlterEgo

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We have emailed the prosecution team explaining the situation and politely asking to settle out of court and pay the fine/additional fees. We are waiting to hear back.

the original emails were to the prosecution team yes.
Are you sure? You mention emailing Trainline (they are the retailer, nothing to do with the prosecution) and customer services - have you definitely emailed gtr.prosecutions@gtrailway.com?

If so, what did you say to them? Tell us exactly - copy the email (with names etc removed)
 

WesternLancer

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We have emailed the prosecution team explaining the situation and politely asking to settle out of court and pay the fine/additional fees. We are waiting to hear back.

the original emails were to the prosecution team yes.
Ok. Prepare to print those e mails and post them to the prosecution team on Monday gauranteed next day delivery. But as @AlterEgo
Says it’s really helpful if you can share content.

If that means sitting down with a lap top and digging out your correspondence that should be your top priority today.

Do you have correct postal address and e mail? Postal is something like east side offices at kings cross station. May of course be on your paperwork.

I put it on another thread the other day in fact if you need to check.

Again. When is the deadline for the return of that paperwork with a plea of either guilty or not guilty?

Knowing this is vital.
 
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emnic03

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It’s really important to share the paperwork if at all possible rather than a transcript. If you can.

What’s the deadline for return if these papers with a plea?

We need to see how long you have to see if you can persuade them if they will settle out of court and withdraw the prosecution. They do often agree to that but you are up against the clock. Souther / Thameslink/ GTR that is.

Much of this may need to be done by post too not e mail.

It may be possible to buy more time by asking for case to be heard in court as it takes a while to arrange a date for that.

Others will advise on options and best next steps.
The deadline is the 5th of November.

We have posted the documents back to the ‘pre prosecution’ place. We put please guilty- want to appear in court. However we also explained the circumstance about not receiving the fine letter.

Unfortunately I cannot post the letters received as they have already gone back via post last night.

I 100% see that he emailed the prosecution team regarding the change of address. I put Trainline at the start as I didn’t know the name of the email etc…
 

AlterEgo

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The deadline is the 5th of November.

We have posted the documents back to the ‘pre prosecution’ place. We put please guilty- want to appear in court. However we also explained the circumstance about not receiving the fine letter.

Unfortunately I cannot post the letters received as they have already gone back via post last night.

I 100% see that he emailed the prosecution team regarding the change of address. I put Trainline at the start as I didn’t know the name of the email etc…
Why have you pleaded guilty and said you want to appear in court if you don't want to be convicted and fined? Isn't your goal here to settle the matter with the train company?
 

WesternLancer

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The deadline is the 5th of November.

We have posted the documents back to the ‘pre prosecution’ place. We put please guilty- want to appear in court. However we also explained the circumstance about not receiving the fine letter.

Unfortunately I cannot post the letters received as they have already gone back via post last night.

I 100% see that he emailed the prosecution team regarding the change of address. I put Trainline at the start as I didn’t know the name of the email etc…
You should really have been keeping a copy of everything you send to anyone for your own record.

You should post stuff like this tracked postage too.

I suppose too late now.

Sorry to sound critical but it was probably NOT a good idea to submit a guilty plea even if you found it logical to do so.
 

emnic03

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Why have you pleaded guilty and said you want to appear in court if you don't want to be convicted and fined? Isn't your goal here to settle the matter with the train company?
Essentially, he is guilty of travelling without a ticket isn’t he? Yes he did buy a ticket, but it was after his travel so surely he can’t get around that?

We have said we want to appear in court if they disregard the email about settling outside of court. So we have a chance to defend ourselves.

We honestly had no idea what to do.

I’m just looking for advice and I appreciate any help.

== Doublepost prevention - post automatically merged: ==

I guess the idea was to be cooperative and honest. At the end of the day, we have not received a fine to pay.
We would have payed it straight away, but we haven’t received anything.

He pleads guilty as technically he is.
He bought a ticket but not at the right time, therefore there is no way around that part I feel?
 

WesternLancer

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Essentially, he is guilty of travelling without a ticket isn’t he? Yes he did buy a ticket, but it was after his travel so surely he can’t get around that?

We have said we want to appear in court if they disregard the email about settling outside of court. So we have a chance to defend ourselves.

We honestly had no idea what to do.

I’m just looking for advice and I appreciate any help.

== Doublepost prevention - post automatically merged: ==

I guess the idea was to be cooperative and honest. At the end of the day, we have not received a fine to pay.
We would have payed it straight away, but we haven’t received anything.

He pleads guilty as technically he is.
He bought a ticket but not at the right time, therefore there is no way around that part I feel?
So it’s now into a bit of damage limitation I think.
 

AlterEgo

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Are you sure? You mention emailing Trainline (they are the retailer, nothing to do with the prosecution) and customer services - have you definitely emailed gtr.prosecutions@gtrailway.com?

If so, what did you say to them? Tell us exactly - copy the email (with names etc removed)
I repeat this advice. Show us exactly what you sent the prosecution team.

The reason for this is you need to engage with them to settle out of court, and to do so, you needed to plead NOT guilty - else you will just be convicted and fined. You probably want to avoid that.

We need to see everything because you've got yourself into a mess here.
 

emnic03

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Dear Prosecutions Team,





I recently received a prosecution letter, but I did not receive any prior correspondence or opportunity to pay a penalty fare before this stage. I believe this may be due to address changes, as I have recently finished university and moved several times over the past few months.





I have an email thread confirming my updated address details, but it appears that no letter or penalty notice was sent to my current address. I would be very grateful if you could review this matter and let me know whether it’s possible to resolve it without proceeding to court.





Please let me know if you require my updated address or any supporting documentation to verify my previous communications and change of address.





Thank you for your understanding and assistance.





Kind regards,
 

John R

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Appearing in court to defend yourself when you recognise you are guilty of a slam dunk offence isn’t wise. It’s a “strict liability” offence. Ie, intent to avoid the fare isn’t relevant. They have proof of your guilt, so there is no defence you can put forward.
 

emnic03

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but the problem here surely is we never received the fine letter. Surely that stands for something?

== Doublepost prevention - post automatically merged: ==

Also this was the email sent to them.

Dear Prosecutions Team,


I recently received a prosecution letter, but I did not receive any prior correspondence or opportunity to pay a penalty fare before this stage. I believe this may be due to address changes, as I have recently finished university and moved several times over the past few months.


I have an email thread confirming my updated address details, but it appears that no letter or penalty notice was sent to my current address. I would be very grateful if you could review this matter and let me know whether it’s possible to resolve it without proceeding to court.


Please let me know if you require my updated address or any supporting documentation to verify my previous communications and change of address.

Thank you for your understanding and assistance.





Kind regards,
 

emnic03

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Appearing in court to defend yourself when you recognise you are guilty of a slam dunk offence isn’t wise. It’s a “strict liability” offence. Ie, intent to avoid the fare isn’t relevant. They have proof of your guilt, so there is no defence you can put forward.
The email is ‘waiting to be approved’

But but the problem here surely is we never received the fine letter. Surely that stands for something?
 

WesternLancer

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Appearing in court to defend yourself when you recognise you are guilty of a slam dunk offence isn’t wise. It’s a “strict liability” offence. Ie, intent to avoid the fare isn’t relevant. They have proof of your guilt, so there is no defence you can put forward.
is there a way the OP can change their plea (currently on paperwork sitting in Royal Mail system)?

And would that be wise as the only reason to do that is to buy more time by 5 Nov to get the settlement out if court?

By seeking to go to court in person it occurs to me that at least it might
A) create a deadline beyond 5 Nov to ask for a settlement and to GTR to then withdraw the court action.

And

B) provide a date and time at court where the OP can try to seek out the railway prosecutors and ask them if they will agree to settle one day. Which we do occasionally see happen.

Very happy to be corrected on this stuff.
 

AlterEgo

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The email is ‘waiting to be approved’

But but the problem here surely is we never received the fine letter. Surely that stands for something?
It doesn't change the guilt, but you can still probably negotiate with the company to settle outside of court.

What you need to do is ask the court to vacate your guilty plea, which then buys time to settle privately with the company, who can then withdraw proceedings.

Once again - show us ALL the correspondence. Finding out exactly what has gone on is VITAL and you need to be on top of all the details and so do we to help you.
 

WesternLancer

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The email is ‘waiting to be approved’

But but the problem here surely is we never received the fine letter. Surely that stands for something?
Not really. The railway are not obliged to give you a chance to respond before court action it’s just that they usually do.

If you moved address too and didn’t make arrangements for your post to be forwarded grab Royal Mail redirection service then that’s not their fault.
 

KirkstallOne

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I don’t think the guilty plea is too much of a problem as they have at least asked to appear in court so there will be a delay to schedule a hearing and further paperwork to receive before any conviction can take place. The situation is largely the same as a not guilty plea - you have a short window to negotiate an out of court settlement with GTR with a final attempt possible on the day of a future hearing.

However I am still confused about the sequence here, there have obviously been a lot of emails about this previously but then somehow communication has ceased. Did they ask for a settlement? Did you agree to pay? You also say you advised trainline of your change and address but they are nothing to do with it? It would help us immensely if you could prepare a bundle of redacted copies of all communications so far, clearly labelled and dated.
 

WesternLancer

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I don’t think the guilty plea is too much of a problem as they have at least asked to appear in court so there will be a delay to schedule a hearing and further paperwork to receive before any conviction can take place. The situation is largely the same as a not guilty plea - you have a short window to negotiate an out of court settlement with GTR with a final attempt possible on the day of a future hearing.

However I am still confused about the sequence here, there have obviously been a lot of emails about this previously but then somehow communication has ceased. Did they ask for a settlement? Did you agree to pay? You also say you advised trainline of your change and address but they are nothing to do with it? It would help us immensely if you could prepare a bundle of redacted copies of all communications so far, clearly labelled and dated.
Yes. If we can see the e mails sent before we could at least suggest what needs to be sent NOW to most effectively get the out of court settlement in the time available.

IMHO this needs very succinct request that someone reading it at the railway prosecution office acts on quickly.

Without seeing what was sent we can’t know how to progress this most effectively.

Assuming those are e mails the op must have copies as they are not paperwork in the post.
 

ANDREW_D_WEBB

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He does not want to get a criminal record as he is a teacher and this would impact his job.

As long as he tells his employer about this it is highly unlikely that this will have a huge impact on his career. Almost certainly nothing more than a 'be more careful next time' type of conversation. Fare evasion does not make him a safeguarding risk to students which is the key priority for background checking staff.

If he is in either the NASUWT or NEU get him to contact his rep / local office for advice. They also both offer 30 minutes of free legal advice on any issues outside work
 

John R

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The email is ‘waiting to be approved’

But but the problem here surely is we never received the fine letter. Surely that stands for something?
Not really. It wouldnt have been a “fine letter”. It would have been an opportunity to give your side of the story before they decide whether to prosecute. But whoever’s fault it is that you didn’t receive it, they are entitled to proceed on the basis that they have proof you committed an offence.
 

reb0118

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It appears to me that you have received pre notification from a court of law regarding an upcoming case. This usually asks how you wish to plead, and if guilty do you want to attend court for mitigation purposes.

This generally means that it has gone beyond the train operators involvement in regards to a pre court settlement. For whatever reason they did not receive your correspondence nor change of address details. Technically, this does not matter as they can, if they wish, go straight to a prosecution. However, they generally prefer, if there are no aggravating factors, to just settle - easier all round.

You have plead guilty and asked to attend court, under normal circumstances this would be a bad move due to the additional costs this involves. However, it may just buy you time to settle with the train operator.

You must, as a matter of urgency, contact the prosecution department, both by email AND registered mail, and explain your situation. Clearly explain that you informed the prosecution department about the situation AND the future (now current) change of address. Reiterate that you wish to settle. Good luck.

If successful, ensure that the train operator withdraws the prosecution and obtain proof of this in writing. Then, if still required to attend court, you will have proof to show the court officials (hopefully a situation that doesn't arise).
 
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