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MG11 - Witness Statement

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PI

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I was recently caught by South Eastern for short-faring. I have been using this method for a total of two years (not continuously). The number of return tickets that were short-fared is approximately 70.

Is there a possibility of resolving this matter through an out-of-court settlement? Any tips?
 
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AlterEgo

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Southeastern usually settle but you don’t give much detail. What have you been doing exactly and which stations are involved? Then we can ascertain how large the sum is and let you know how to prepare to approach the matter.
 

Mcr Warrior

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@PunkIPA. For example, for a journey from say Swanscombe to London Terminals, an Anytime Day Single is £14.00. The return is twice that. If South Eastern require you to pay up for each of the 70 or so occasions when you say you've short-fared, that's a not inconsiderable £1,960.00 to pay. Likely no allowance made for what you've already pre-paid / underpaid. Add on top a three figure admin fee, and you could be looking at having to stump up over two grand. Actual amount will depend on the journey made.
 

PI

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Buying from Hither green to london bridge instead from Swanscombe. The underpayment per - return ticket is £18.2 = £1,274

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@PunkIPA. For example, for a journey from say Swanscombe to London Terminals, an Anytime Day Single is £14.00. The return is twice that. If South Eastern require you to pay up for each of the 70 or so occasions when you say you've short-fared, that's a not inconsiderable £1,960.00 to pay. Likely no allowance made for what you've already pre-paid / underpaid. Add on top a three figure admin fee, and you could be looking at having to stump up over two grand. Actual amount will depend on the journey made.
But the question here would they accept an out of court settlement?
 
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PI

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They won't be looking for the difference in fare, they will be looking for the full fare for the journeys you made.
Ok say full fair 2K + admin fee. Would they take me to court or accept to settle?
 

WesternLancer

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Ok say full fair 2K + admin fee. Would they take me to court or accept to settle?
If they are convinced by you that you have learned a lesson and will stop evading they are v likely to settle for the money owed.
 

Fawkes Cat

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Buying from Hither green to london bridge instead from Swanscombe. The underpayment per - return ticket is £18.2 = £1,274

== Doublepost prevention - post automatically merged: ==


But the question here would they accept an out of court settlement?
For an out of court settlement, our experience is that the railways in general use a calculation in line with @Mcr Warrior's post - so think £2k rather than £1.3k if you are hoping to settle out of court.

As to whether you will be able to settle out of court, there are so many variables that we can't give a certain answer. At the simplest, we find that railway companies do generally go down that route - their interest isn't in criminalising people, but in getting the fares that they're owed back, and making sure that people won't fare dodge again. If an out of court settlement meets those aims, then it's quicker and cheaper for the railway to settle rather than to drag you through court.

But the railway could decide that you're the sort of person who will only change their ways if they're prosecuted. Or they might want to make an example of someone. So we can't guarantee that you will be allowed to settle.

It follows from the above that if you want to look to the railway like someone who will learn their lesson from an out of court settlement, you will need to co-operate with them. So keep an eye out for letters from the railway, and reply to them answering all the questions they ask (which might only be about this incident - your past record might not be checked). Make it clear that you are no longer fare dodging and that you will not do so again. Ask if you can settle out of court. And there will be a good chance that you will not be prosecuted.
 
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