Notice of prosecution issued - Advice requested

[LucaChuck]

On September 3rd 2024, I was stopped at London Bridge by a Southern Eastern Officer. Given that I was unable to produce a valid ticket for my journey from Crawley to London Bridge, I have been asked a series of questions as part of the MG11 statement procedure, I have provided my correct details, and been given a slip of paper with a case reference and a notice of prosecution. I have “short-ticketed” from Crawley to Clapham Junction for the past eight months. I have travelled to London Bridge only three times and been caught this morning. This is the first time my name goes on a Transport Company record for unpaid fares.

I have read from start to end many of the threads here posted. I would like to thank you beforehand for all the support you provide to cope with the anxiety and stress the situation poses. I am genuinely sorry for what happened, me and my Partner have a baby on the way, and I’m happy that this has finally happened so that I can stop putting at risk my work career.

Given my circumstances, I’m aware that I will receive within three months a letter asking for my version of what happened. I do not intend to lie in anyway as I hope to settle this outside of court and not taint my criminal record. Based on the above, on the response letter you recommend to:

• Show insight, remorse and be sorry for what has happened
• Make clear what I have learnt from the incident
• Be keen to settle the matter without the need for court action
• Offer to pay the outstanding fare and the train company's administrative costs in dealing with the matter

Given my circumstances, I was also reading that my purchasing history will be checked, so:

• I could be asked to provide reasons as to why I have not paid the full ticket for past journeys.
• Based on the above, there is a possibility that I might settle this out of court thereby covering the all-the-day fare of all the journeys I have not paid in full
• However, it is advised to not incriminate myself any further and respond with regards to the September 3rd episode only

Finally, I’m aware that the Souther Eastern investigation process covers for the journeys I have not fully paid for on Souther Western services.

I would be grateful if you could confirm how comprehensive my account of the situation is, whether you can point me at templates to draft a response tailored to my case, and any advice you think it might be useful for me to know.

Thanks again for your attention to the matter.

 

[Hadders]

Welcome to the forum!

It seems that you have done a fair bit of research on your case so there's probably not a lot more to add. Many people would say that a case of fare evasion over an eight month period should end up in court, if it doesn't you have to ask how serious something needs to be to end up in court. That said, Southeastern are normally one of the more pragmatic companies to deal with when it comes to this sort of thing and, although we cannot guarantee it, will normally offer an out of court settlement to people who co-operate with their investigation and who haven't come to their attention before.

My normal advice is to write a short, concide reply to their letter 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 the train company's administrative costs in dealing with the matter

Don't tell a sob story, don't use AI to write it either (we can spot AI letters a mile off!). You must answer the questions they ask you truthfully and while you aren't required to incriminate yourself there is a balance to strike because you also want to maximise your chances of an out of court settlement.

If you are offered a settlement expect to have to pay the cost of the fares avoided at the full Anytime rate with no credit given for the invalid tickets you did purchase. You will also need to pay an admin fee, typically around £150. You will need to be in a position to pay the settlement in full within a few days of it being offered - payment in installments isn't allowed.

When it arrives, post a copy of the letter in this thread (with personal details removed) along with your draft reply and forum members will be happy to proof read it for you.

 

[LucaChuck]

Hi Hadders, thank you for the prompt reply.

I have read threads of members in a similar position to mine, who were not asked to provide a response about the previous unpaid fares, and settled the matter outside of court for a fee ranging from £94 to £150.

If, upon receiving the prosecution letter, I’m not prompted to provide reasons for unpaid fares other than the September 3rd journey, would you recommend me to mention how I have avoided full fare payment in the past or to respond only to what happened on September 3rd?

 

[Hadders]

You aren't required to incriminate yourself but do be aware that they could contact you and ask you about other instances of ticketing irregularities in the future.

 

[LucaChuck]

Hi Hadders, thanks for your advise. If you remind of any, could you please tag in here a response template from another thread that I can use to draft my own response? Thank you.

 

[LucaChuck]

Good afternoon. Following the MG11 released on 03 Sept 2024, I have received the letter from Southeastern Railway.

I would be grateful if you could give me your feedback on my response draft below. Thank you.



To the Southeastern Prosecution Team,

I am writing in regard to the fare evasion case in my name.

On 03 September 2024, I was stopped in London Bridge by a Revenue Protection Inspector, but I failed to produce a valid ticket for my journey.

I sincerely apologise for my action. I am ashamed of my behaviour and am truly sorry for what I did. I have learnt that fare evasion causes considerable disruption to Railway Service Companies every year. Also, after the incident, I committed myself into advising family and friends to avoid unacceptable behaviours such as fare evasion.

I would be extremely grateful if you could offer me to settle the matter out of Court. I am willing to pay the outstanding fare for the journey and cover the administrative costs incurred by Southeastern Railway in handling this matter.

Once again, I deeply regret the situation and I’d be grateful for an opportunity to rectify my actions. I can assure you that from now on I will be a responsible passenger.

Thank you for your attention.

Sincerely,
First & Last Name.

 

[Mcr Warrior]

@LucaChuck. Welcome to the forum. Noted what you say. When you state that you've "short ticketed from Crawley to Clapham Junction for the past eight months", does that mean you've been travelling regularly between those stations without any ticket whatsoever? How have you been getting through the barriers at your start/end stations? Just trying to ascertain whether inspection of your ticket purchasing history is likely show numerous other instances of potentially moody journeys having been made, which could be rather expensive for you?

 

[LucaChuck]

Hi Warrior, thank you for your reply

I would usually buy the ticket to the closest station to open the barrier.
If they check my purchase history, they will surely notice this irregularity twice a week since Jan 2024. I did the math and the amount is affordable, although unpleasant to cover. Nonetheless, I’d be more than willing to pay it to settle the matter out of court.

 

[Mcr Warrior]

@LucaChuck. Reckon this could potentially easily cost you north of two grand, depending on how diligently SouthEastern do their investigation work. Alternatively, they may just ask for the Anytime Day Single fare due for the journey on the Tuesday you were stopped, so maybe £29 plus a three figure administration fee added on top.

 

[LucaChuck]

Yes, it would be over £2k repayment. It’s not the end of the world, things happen and lessons are learnt.

Warrior could I please ask you for a feedback on my response above? Thank you

 

[Skimpot flyer]

Hi Warrior, thank you for your reply

I would usually buy the ticket to the closest station to open the barrier.
If they check my purchase history, they will surely notice this irregularity twice a week since Jan 2024. I did the math and the amount is affordable, although unpleasant to cover. Nonetheless, I’d be more than willing to pay it to settle the matter out of court.

Did you buy paper tickets for the one-stop journeys?

 

[LucaChuck]

No. I would use an electronic ticket with a barcode.

 

[Mcr Warrior]

Warrior could I please ask you for a feedback on my response above? Thank you

As per post #6? Have seen worse. It's reasonably brief, and to the point. Obviously it doesn't make reference to any of the previous instances of short faring, but if you've not yet been asked about these, many on here might say that you don't have to self-incriminate yourself.