Help with advice responding to SWR prosecution email

[bosedun]

Hi,

I could really use some advice on how to respond to an email I was recently sent by SWR. April 2nd this year I was stopped by revenue protection and was asked to show my 16-25 railcard, I then checked to find out that it had been expired for quite some time. I had recently started work but prior to that I didn’t take the train often so had completely forgotten to check my railcard and hadn’t been asked to show it. The railcard in question had been expired since June 2024 and as soon as I found out it was expired I bought a new one. They have now escalated it and sent me this email which I will attach below asking me to show all evidence of owning a 16-25 railcard since September 2021. The truth is that my first 16-25 railcard wasn’t bought till June 2023 and so prior to that I didn’t have a railcard but have checked and was still occasionally buying railcard tickets on the Trainline app. I’m not hear for sympathy as I understand what I’ve done is wrong, I would just like advice on how best to deal with the situation as I would like to avoid prosecution and conviction at all costs. The amount of journeys in question are a lot as it was over such a long period of time, this is my first problem with SWR so as far as they are concerned it is my first time they have a record of me. If anyone could advise on how to respond to this I would greatly appreciate it. Some questions I have

1) Can SWR fine or prosecute you for tickets on trains other than SWR for example avanti, GWR etc?
2) is it likely they will take me to court or can I expect a settlement?
3) if it is a settlement how do they work this out

Just for added context, a lot of the trains are very short distances and I think the longest one is Virginia water to Waterloo

 

[30907]

1. Yes
2. If you cooperate they will offer a settlement.
3. They ask for the full fare for every journey where they think you cheated them (intentionally or not), plus a sum for admin. If their list includes journeys where you paid the correct fare you should tell them and they will amend it - train companies generally are good at this.

 

[bosedun]

1. Yes
2. If you cooperate they will offer a settlement.
3. They ask for the full fare for every journey where they think you cheated them (intentionally or not), plus a sum for admin. If their list includes journeys where you paid the correct fare you should tell them and they will amend it - train companies generally are good at this.

In terms of the first question the email they sent said they will scrutinise journeys on the south western network, why would avanti or GWR be included in this? Sorry just a bit confused.

Do you have any advice to respond to them?

 

[WesternLancer]

In terms of the first question the email they sent said they will scrutinise journeys on the south western network, why would avanti or GWR be included in this? Sorry just a bit confused.

Just standard wording. All the train operators act for each other ref this sort of thing and you should assume they can access all on line ticket retailers.

Do you have any advice to respond to them?

Have a look at general advice in other threads posted by @Hadders for a general guide on what to say.

Post your draft here for checking before you send it.

 

[Hadders]

Welcome to the forum!

You're in a spot of bother here. You'll be able to sort it but it's going to be expensive. To cut to the chase SWR has to options:

1. Prosecute you in the Magistrates Court for the offence where you were caught with an invalid ticket. You would be guilty and have to pay:

- A fine based on your income, usually discounted by a third if you plead guilty at the earliest opportunity
- A surcharge of 40% of the value of the fine
- A contribution towards SWR's costs
- Compensation for the fares avoided

In addition you would have a criminal record which for most purposes would be considered as spent after a year.

2. Off you an out of court settlement. SWR will search your journey history and identify journeys they believe you've made with invalid tickets. They will cherge you for all of these journeys at the full Anytime rate with no credit given for the invalid tickets you did purchase. In addition they will charge an admin fee, typically £150. SWR have already searched your journey history, if you can show that the tickets purchased were valid (for example, by evidencing that you did hold a railcard) then they will remove thsi journey from the list. Train companies can act on each others behalf when it comes to things like this so there really isn't anything yiyu can do about non-SWR journeys being on the list.

If option 2 is the outcome then paying a settlement isn't actually paying a fine, although it will feel the same! Only a court can impose a fine as a punishment and you won't have a criminal conviction if you pay a settlement.

I normally recommend a short, concise reply mentioning the following points:

- That you are sorry for what has happened
- What you have learned from the incident
- That you are keen to settle the matter without the need for court action
- Offer to pay the outstanding fare and SWR's administrative costs in dealing with the matter

If you post a draft reply in this thread forum members will proof read it for you.

 

[bosedun]

Welcome to the forum!

You're in a spot of bother here. You'll be able to sort it but it's going to be expensive. To cut to the chase SWR has to options:

1. Prosecute you in the Magistrates Court for the offence where you were caught with an invalid ticket. You would be guilty and have to pay:

- A fine based on your income, usually discounted by a third if you plead guilty at the earliest opportunity
- A surcharge of 40% of the value of the fine
- A contribution towards SWR's costs
- Compensation for the fares avoided

In addition you would have a criminal record which for most purposes would be considered as spent after a year.

2. Off you an out of court settlement. SWR will search your journey history and identify journeys they believe you've made with invalid tickets. They will cherge you for all of these journeys at the full Anytime rate with no credit given for the invalid tickets you did purchase. In addition they will charge an admin fee, typically £150. SWR have already searched your journey history, if you can show that the tickets purchased were valid (for example, by evidencing that you did hold a railcard) then they will remove thsi journey from the list. Train companies can act on each others behalf when it comes to things like this so there really isn't anything yiyu can do about non-SWR journeys being on the list.

If option 2 is the outcome then paying a settlement isn't actually paying a fine, although it will feel the same! Only a court can impose a fine as a punishment and you won't have a criminal conviction if you pay a settlement.

I normally recommend a short, concise reply mentioning the following points:

- That you are sorry for what has happened
- What you have learned from the incident
- That you are keen to settle the matter without the need for court action
- Offer to pay the outstanding fare and SWR's administrative costs in dealing with the matter

If you post a draft reply in this thread forum members will proof read it for you.

Thank you for your response, please see my draft below:

Dear Christopher Punnett,

Thank you for your email regarding the investigation into my use of a 16-25 Railcard on the South Western Railway network.

I would like to sincerely apologise for what has happened and for any inconvenience I have caused. After reviewing my records, I can confirm that I held a valid 16-25 Railcard from 25 June 2023 to 25 June 2024. I have attached a screenshot of this railcard for your reference.However, I acknowledge that I did not hold a 16-25 Railcard from 27 September 2021 to 24 June 2023, and again from 26 June 2024 to the date in question, 3 April 2025.

I was unaware that my railcard had expired and, as a result, I mistakenly continued to use discounted tickets during that period. As soon as I became aware of this mistake after being approached by Revenue Protection staff, I immediately purchased a new 16-25 Railcard to correct the issue.

I take full responsibility for this oversight, and I am truly sorry. I understand that my actions fell short of what is expected. I understand my mistake and I want to reassure you that it will not happen again. I have learned to be more careful in ensuring that I am travelling with a valid ticket and entitlement at all times.

I am fully committed to cooperating with your investigation, and I am keen to resolve this matter without the need for court action. I would therefore be very grateful for the opportunity to settle this case by paying the outstanding fare costs along with any administrative costs incurred by South Western Railway in dealing with this issue.

Please find attached the relevant proof of the railcard I held, and below are the personal details you requested. If there is any further information I can provide to assist, I would be more than willing to do so.



Thank you for your time and understanding.


One final question from me is regarding the 6 month to prosecute me that I’ve read on other pages. Is this true or am I mistaken?

 

[Hadders]

The draft reply looks fine but wait and see if any other forum members have any suggestion before sending it.

The train company has to 'lay papers at the court' within six months of the date of the offence if they want to prosecute you. If you were caught on 2nd April then they have to do this by 2nd October.

 

[bosedun]

The draft reply looks fine but wait and see if any other forum members have any suggestion before sending it.

The train company has to 'lay papers at the court' within six months of the date of the offence if they want to prosecute you. If you were caught on 2nd April then they have to do this by 2nd October.

Okay I will wait for other responses thank you, and so for offences dating back before this year they wound not be able to prosecute? Is there a high probability that they will even with this response I drafted, just as I am quite worried, I have definitely learnt my lesson it was just a young and stupid mistakes and I don’t want it to significantly implicate the rest of my life

 

[Alex C.]

Okay I will wait for other responses thank you, and so for offences dating back before this year they wound not be able to prosecute? Is there a high probability that they will even with this response I drafted, just as I am quite worried, I have definitely learnt my lesson it was just a young and stupid mistakes and I don’t want it to significantly implicate the rest of my life

They won't normally prosecute the offenses other than the one you were caught for in court - but they won't drop the prosecution for that single offense unless you agree to a settlement on all of the historic journeys as well.

 

[Hadders]

Okay I will wait for other responses thank you, and so for offences dating back before this year they wound not be able to prosecute? Is there a high probability that they will even with this response I drafted, just as I am quite worried, I have definitely learnt my lesson it was just a young and stupid mistakes and I don’t want it to significantly implicate the rest of my life

They can't prosecute you for the offences older than six months but they've got sufficient evidence from the single incident on 2nd April to prosecute - you were caught bang to rights and that's all they need to secure a conviction.

For completeness, while they cannot prosecute you int he Magistrates Court for offences older than six months they could seek to recover the outstanding fares via the civil courts. Historically this isn't something we've seen train companies do but we have seen a very small number of cases recently.

 

[bosedun]

They won't normally prosecute the offenses other than the one you were caught for in court - but they won't drop the prosecution for that single offense unless you agree to a settlement on all of the historic journeys as well.

Okay understood thanks for all your responses, if anyone else could review the email that would be appreciated. Just some more context about the April 2nd incident is that they made me buy a new ticket cost on the spot not sure if that means anything but just some more info