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Need Advice! Short faring into Farringdon

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GTRBandit

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I have been travelling into Farringdon for a year now. Usually I get on at my local and get a fare to the next station and then stay on until Farringdon as it connects straight to the underground.

Today I was stopped at the first stop which is where my ticket expires. Maybe I could have got off but it was too late. The officer noticed my ticket was for 1 stop only and she checked at the stop I should have got off so wasn’t going to work. She then asked to see my previous history which had the same journey almost everyday and she then suggested I was going to Farringdon. I denied and said I was going to get off here but she was insisting I would because others also do it.

She gave me a witness statement and I can expect a notice of prosecution in the post. It gets more complicated as I had been stopped before about a year ago and was given a fine for a first time offence. I thought I’d do this again so gave my brothers name assuming I’d get a fine and would happily pay but now instead he will be getting the notice of prosecution. Is it wise to instruct a solicitor?
 
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AlterEgo

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Did you give your brother's address too? Sounds like the first thing you need to do is speak to yoir brother.
 

GTRBandit

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Did you give your brother's address too? Sounds like the first thing you need to do is speak to yoir brother.
Yes even though I moved, my old address is on the file and it’s the same as his. I spoke with a solicitor and explain the situation and they said even though I gave the wrong name they can help with this as I just want to avoid court at all costs. Still in 2 minds about going ahead as it will cost around £800 to represent me.
 

saismee

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Were you stopped by GTR or TfL? If stopped by GTR then you may have a good chance at settling out of court, but if you were stopped by TfL you are much more likely to be prosecuted for this (they do not offer settlements).

What was your previous offence, and were you given a notice of intended prosecution/MG11 or a penalty fare?

Can you upload any documentation you were given (ideally for both instances of being caught, if possible) with identifying details redacted?

Do you purchase tickets online?

The forum experts need to know all of this information to help give you accurate advice. As for the name/address stuff, the company involved will likely brush it off if you own up and correct them as they are given false details constantly.
 

WesternLancer

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Yes even though I moved, my old address is on the file and it’s the same as his. I spoke with a solicitor and explain the situation and they said even though I gave the wrong name they can help with this as I just want to avoid court at all costs. Still in 2 minds about going ahead as it will cost around £800 to represent me.
I doubt you need a solicitor. See other similar threads.
 

GTRBandit

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I was stopped by GTR not TFL. When stopped previously I was given a penalty fare, I believe it was around £70 and in my name correctly.

@WesternLancer The only reason I’m considering a solicitor is because I wasn’t sure if giving my brothers details complicates things for me and also the officer scanned my ticket for the 1 stop I paid for and then asked to look at my history which has around 11 months of the same fare so it could be a hefty amount.

Do you have a link to any similar threads I can read as there’s many but I find they all have different details.
 

tonycockram

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If you work with Gtr they never ever take you to court. So please engage with them !

You need to get a hold of the letter when they send it to you so that you can answer their queries, but there won’t be any need to use solicitors to get a settlement from Gtr.
 

GTRBandit

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Okay sounds good. Maybe I’m overthinking but this is 3 days a week and for a year so 52 weeks let’s say around 150 instances which could get flagged but not sure if it will all come up. Again, this is the only reason I’d consider a solicitor and I spoke to Manak who say they can get in touch before the letter is even sent out
 

WesternLancer

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I was stopped by GTR not TFL. When stopped previously I was given a penalty fare, I believe it was around £70 and in my name correctly.

@WesternLancer The only reason I’m considering a solicitor is because I wasn’t sure if giving my brothers details complicates things for me and also the officer scanned my ticket for the 1 stop I paid for and then asked to look at my history which has around 11 months of the same fare so it could be a hefty amount.

Do you have a link to any similar threads I can read as there’s many but I find they all have different details.
I would think that when you hear from them (via letter sent to your brother that he will presumably give you as you will have told him) you could correct those details by giving an honest account. They will be used to people lying when caught. Giving false details is a separate offence but I don't think we have ever seen a case on the forum any time recently where action has been taken against anyone for that.

However, Manak have a very good track record on this forum, and for resolving matters quickly - if you search the forum 'manak' I think you will find positive feedback from people who have detailed their experiences here. That's the only source I know about them from. Of course it's up to you if you want to put matters in their hands - but it may be that another option is that you can use your own efforts to seek a settlement and if that was not successful you could then engage a solicitor.

In case you have not seen it elsewhere already - this standard advice will help you know what to expect if you opt to try and resolve it yourself:

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

Firstly, you committed a criminal offence by travelling with an invalid ticket and railway companies are entitled to prosecute you in the Magistrates Court if they want to. The good news is they will normally offer an out of court settlement to people who co-operate with them and who haven't come to their attention before (by 'not coming to their attention before' I read this to mean someone who has not received a notice of intention to prosecute, agreed an out of court settlement, then been caught again evading).

Next, what happens is the railway company will write to you. The letter will go to the address that you gave them / on any of your ID they checked so you need to be able to access hard copy post at that address as they often send things that way (but also check e-mail and spam). It is extremely important that you reply, and you'll only have a limited time to do so (often 14 days from the date on their communication).

When you receive the letter post a redacted copy of it in this thread, along with your draft reply and forum members will proof read it for you. You'll find lots of example letters you can use in this section of the forum but the reply basically needs to mention:

- That you are sorry for what has happened
- What you have learned from the incident and will not do this again
- That you are keen to settle the matter without the need for court action
- Offer to pay the outstanding fare and the railway company’s administrative costs in dealing with the matter

The railway will probably offer you an out of court settlement. Expect to have to pay the cost of the fare for the journey you made at the full Anytime rate with no credit given for the invalid ticket you purchased. In addition they will charge an admin fee, typically £150. They will also audit your online ticket purchase history and if this shows you've purchased other tickets that were not valid (eg railcard discounted tickets when you did not have a valid railcard, or tickets for only part of the journey, or tickets bought after boarding the train you travelled on ) they will probably factor the cost of these journeys into the settlement offer. Depending on how many journeys you've made over the period concerned this could end up being expensive.

Settlements usually have to be paid in full within a few days of them being offered so if money is tight you might want to think about how you will raise the sum required at short notice.
 

z444z

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We have seen solicitors settle cases with GTR before GTR send their initial letter. Based on what you've told us I think it's very likely you'll be able to settle with GTR without a solicitor, so it's whether possibly sorting it out quicker is worth £800. I also wonder if engaging a solicitor might actually make GTR more likely to investigate purchase history.

If you're going to handle it yourself you'll need your brother to let you know when the letter arrives so you can respond to it. You can do so without explicitly admitting giving false details.
 
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