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MG11 by SWR

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kjsz

New Member
Joined
18 Dec 2024
Messages
3
Location
Surrey
Hi all,

I have been recently sent an Email by South western Railway for fare evasion, I was using the wrong railcard for around 8 months accounting for 50 journeys. I am seeking for advice on this matter as I'm fearful that they will not want to have an out of court settlement. From the recent posts I have seen that you would like to see the email/letter which I received. All names have been redacted.

Dear Mr *****

On Sunday 29th September 2024, you were questioned by a member of rail staff about an incident that occurred whilst on First MTR South Western Trains Limited property. Subsequently the matter has been passed for investigation.
On the day in question, you were stopped having produced a ticket which did not cover your entire journey.

Please be aware that all emails and their contents may be admissible in court if this case progresses to that stage. Please exercise caution if your response involves mentioning or implicating another individual in this investigation. If you respond with a truthful account, there may be an opportunity for an out-of-court settlement. It is important to be aware that we have analysed our data and have additional evidence, including Ticket Tap Data (which shows where a ticket was scanned and used to open a ticket barrier), Refund data, which may be presented if your case proceeds to court.

I have attached the pre-court partial disclosure document (Exhibit NJS01), which includes your online Trainline ticket purchase history. The suspicious journeys are numbered 1 to 57 and highlighted. Please provide an accurate account of each journey, specifying the Correct start and finish points, whether you Travelled on a ticket with a Railcard discount when entitled or whether you travelled on a child ticket as adult. Kindly complete the attached form and return it via email, filling out columns R, S, T and U for each highlighted line.

When completing Exhibit NJS01, please ensure the following:

  • In Column R, indicate the correct starting station you travelled from.
  • In Column S, indicate the correct finishing station you travelled to.
  • In Column T, specify whether you travelled on a ticket with a Railcard discount when entitled (Yes/No). If you had a Railcard, please include a screenshot of the digital card or a photo of the physical card, showing its start and expiry dates. If you are unable to provide this, you can access your Railcard information by logging into your Railcard account on the Railcard website at Login (railcard.co.uk). If no Railcard was held during any of this period, please explicitly state this.
  • In Column U, specify whether you travelled on a Child ticket as an adult (Yes/No).
I would appreciate your prompt attention to this matter and kindly ask that you respond within 14 days of this email/letter by Wednesday the 1st of January 2025. Failure to provide the requested information within the specified timeframe will result in your case being referred to our prosecutor, potentially leading to court proceedings and further legal action.


I strongly advise that you seek independent legal advice, particularly from someone specialised in fare evasion matters which can be found via an internet search. Assistance and guidance can also be obtained from the Citizens Advice Service, and I have attached a link for your reference: https://www.citizensadvice.org.uk/.


It is my hope that with your assistance, we can work towards a resolution without the need for the potential of this case proceeding to court and further legal action.

Please don’t hesitate to get in touch, I’m happy to assist you with any questions or worries you might have.

Kind Regards,

*****

------------------------

I have cooperated and filled out the form. What should I expect from this situation?
 
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John R

Established Member
Joined
1 Jul 2013
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6,130
Quick question - you say you were using the wrong railcard, yet the letter says you didn’t have a ticket for your entire journey. So were you “short faring” as well?
 

kjsz

New Member
Joined
18 Dec 2024
Messages
3
Location
Surrey
Quick question - you say you were using the wrong railcard, yet the letter says you didn’t have a ticket for your entire journey. So were you “short faring” as well?
Well I haven't short fared so it might be a mistake on their behalf.
 

AlterEgo

Verified Rep - Wingin' It! Paul Lucas
Joined
30 Dec 2008
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29,578
Location
LBK
Well I haven't short fared so it might be a mistake on their behalf.
Then you need to tell them that first, because the correspondence they have sent you refers to not having a ticket for your entire journey and effectively alleges short faring.
 

kjsz

New Member
Joined
18 Dec 2024
Messages
3
Location
Surrey
Then you need to tell them that first, because the correspondence they have sent you refers to not having a ticket for your entire journey and effectively alleges short faring.
Thanks, Do you have any advice on this matter?
 

AlterEgo

Verified Rep - Wingin' It! Paul Lucas
Joined
30 Dec 2008
Messages
29,578
Location
LBK
Thanks, Do you have any advice on this matter?
They will likely correct what they have sent and ask you on how many occasions you travelled without a valid railcard, and do a similar honesty test on you. But you need to set the matter straight first about the exact allegation.
 

MrJeeves

Established Member
Associate Staff
Senior Fares Advisor
Joined
28 Aug 2015
Messages
4,715
Location
Burgess Hill
I would personally assume this is a templated email, and fill out the table they are referring to.

They ask for your correct start/end stations, so fill these in even if they are identical to the details already in the table. Presumably you should be focused primarily on filling in "Column T" correctly as this is what is most relevant to your case.

As they state, you should be clear that you did not hold the Railcard you claimed, and it may be worth explicitly calling out any Railcard you did have (I assume you have one given you said the "wrong" Railcard?) and evidence of it (screenshot of the digital Railcard or a photo of a physical one). We have seen in the past that they could take this into consideration when calculating a settlement, though they are not obliged to.
 

Haywain

Veteran Member
Joined
3 Feb 2013
Messages
24,817
Then you need to tell them that first, because the correspondence they have sent you refers to not having a ticket for your entire journey and effectively alleges short faring.
Filling out the form will do that.
I would personally assume this is a templated email, and fill out the table they are referring to.
I agree.
 
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