Procecution notice

[marqam5]

Respected member. Today i was being stopped by one of the rail enforcement officer i was travelling from longfield to gillingham but i wasnt having a valid ticket. i bought online ticket from rochester to gillingham. So he stopped me and recorded by statment and said that i will receive a letter through southeastern. i often do this but its been first time i’ve been caught. Im Worried so very much. Respected member please kindly advise what shall i write once i receive the letter.

 

[Hadders]

Welcome to the forum!

By travelling with invalid tickets you've comitted a crimional offence and Southeastern could prosecute you in the Magistrates Court if they want to. That said, Southeastern will normally offer an out of court settlement to people who co-operate with them and who haven't come to their attention before.

Southeastern will write to you in the next few weeks asking for your version of events before deciding how to proceed. When it comes, post a copy of the letter in this thread (with personal details redacted), along with your draft reply and forum members will be happy to proof read it for you.

 

[marqam5]

Allright. Many thanks. As soon as i received letter i will share it with you and then would be seeking for your best advise.

 

[MotCO]

I suggest you take down your letter since it includes personal details, and replace it with one with your name, address, ref no etc hidden

 

[MotCO]

You need to use the Edit key to remove both versions of your letter. Then cross out your name etc and repost

== Doublepost prevention - post automatically merged: 5 Oct 2024 ==

@Hadders provides some good advice. This is one of his generic replies, but you need to tailor it to your own circumstances. If you look in the Disputes and Prosecutions section, you can see examples of letters others in your position have written.

Welcome to the forum!

Travelling with an invalid ticket is a criminal offence and Govia Thameslink Railway are entitled to prosecute you in the Magistrates Court if they want to. That said, GTR are generally one of the more pragmatic train companies to deal with when it comes to this sort of thing.

What happens next is GTR will write to you in the next few weeks. They letter will say they have received a report and are considering prosecuting you but asking for you version of events before deciding how to proceed. I suggest a short, concise reply including 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

While we cannot guarantee it, GTR are normally prepared to offer an out of court settlement to people who co-operate with their investigation and who haven't come to their attention before. If you are offered a settlement expect to have to pay the cost of the the fares avoided at the full Anytime rate plus 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 normally allowed.

GTR might audit your online ticket purchasing history and if this shows regular purchase of discounted tickets you're not entitled to they might want to ask you about these and factor these into the settlement cost.

It's your choice whether or not to use a solicitor. A solicitor cannot change what's happened but they might be able to present your mitigation in a more professional way than you feel able to do yourself. They might also be able to get a faster reply than if you do it yourself. That said, you need to factor in the cost of the solicitor in addition to the likely settlement cost - and the still cannot guarantee success. If it was me I would see what GTR say in response to your reoly to their letter, if this is unfavourable then that might be the time to instruct a solicitor.

When it arrives, feel free to post a copy of GTR's letter in this thread along with your draft reply and forum members will be happy to proof read it for you. Do redact any pesonal details before posting.

 

[Cowley]

@marqam5 - as above, I’ve sent you a pm, please check your inbox before posting anything else.

 

[marqam5]

You need to use the Edit key to remove both versions of your letter. Then cross out your name etc and repost

== Doublepost prevention - post automatically merged: 5 Oct 2024 ==

@Hadders provides some good advice. This is one of his generic replies, but you need to tailor it to your own circumstances. If you look in the Disputes and Prosecutions section, you can see examples of letters others in your position have written.

Allright many thanks. I will write down by apologizing for what happened and i’ve learned from incident and it wont happen again. Ans that i would request a out of court settlement.

 

[MotCO]

If you post a draft of your response on here, members will be able to offer comments and help proof read it

 

[marqam5]

Yes As Soon as i will write, before posting it, i will post a draft of my writing here and would seek some additional sayings if required

== Doublepost prevention - post automatically merged: 5 Oct 2024 ==

If you post a draft of your response on here, members will be able to offer comments and help proof read it

“I am terribly sorry for the i convenience that has caused to your administration and ashamed for what i’ve done. To Be Very honest with you, that day it was thursday and i was only having £20 or £30 in my account, im a family person i got wife a 5 year old daughter and a new born infant. iwas goimg to receive my pay on friday the very next day. i was saving that money just to feed my family so this foolish idea just came up in my mind. I Have no fully realised my fault.I Have done deep self reflection and i can guarantee that this wont happen again. I would more than willingly to settle this out of court with the amount of appropriate compensation to be contributed to your administrative costs and owed fares, and if tou take into consideration this is my first and last time taking offence.If you prosecute in court there will be a criminal record of mine which moving further i will face difficulties and that is something my family cant afford.I Have been lawful in the past its only this time i’ve made this foolish decision just because that i doesnt wanted to spend money that day because i wasnt having enough.”

Please feel free to edit. Thanks for your advise and help.

 

[MotCO]

Yes As Soon as i will write, before posting it, i will post a draft of my writing here and would seek some additional sayings if required

== Doublepost prevention - post automatically merged: 5 Oct 2024 ==


“I am terribly sorry for the i convenience that has caused to your administration and ashamed for what i’ve done. To Be Very honest with you, that day it was thursday and i was only having £20 or £30 in my account, im a family person i got wife a 5 year old daughter and a new born infant. iwas goimg to receive my pay on friday the very next day. i was saving that money just to feed my family so this foolish idea just came up in my mind. I Have no fully realised my fault.I Have done deep self reflection and i can guarantee that this wont happen again. I would more than willingly to settle this out of court with the amount of appropriate compensation to be contributed to your administrative costs and owed fares, and if tou take into consideration this is my first and last time taking offence.If you prosecute in court there will be a criminal record of mine which moving further i will face difficulties and that is something my family cant afford.I Have been lawful in the past its only this time i’ve made this foolish decision just because that i doesnt wanted to spend money that day because i wasnt having enough.”

Please feel free to edit. Thanks for your advise and help.

A couple of points.

1. Address it Dear Sir (or actual name if you have one)
2. Quote the reference number you have been given. It will let the office tie up your response with their letter.
3. They will not be interested in your sob story - they have heard it all before. Concentrate on convincing them that you now realise what you did was wrong, you have learnt your lesson, and you will not do it again.
4. If you are not travelling in the morning peak, consider whether it will be worth your while buying a Railcard which gives you 1/3rd of the ticket price. If you do, state this in your letter so that it gives additional proof that you do not intend buying an incorrect ticket again. https://www.nationalrail.co.uk/railcards/
5. Break your response into paragarphs - it makes it easier to read for someone who will be reading 100s of these letters each day.

I have made some adjustments to your letter below - you will need to make further adjustments to make sure it refects the actual facts. The letter below is a start, but you need to add something about realising the impact of fare evasion on railway companies and what you have learned from this incident. Also, if you have bought a railcard, say that.


Dear Sir,

Ref XXXXXXX

I refer to (date) xxxxx when I travelled from XXXXX to XXXX without a valid ticket. I now realise that this was a foolish idea, have now fully realised my fault, and will not do it again. I am terribly sorry for the inconvenience that has caused to your administration and I'm ashamed of what I’ve done.

xxxxxxxxx - what I have learned etc

I would be grateful if you would consider settling this out of Court, with an appropriate compensation for your administrative costs and owed fares. This is the first time I have done this, and will not do it again. I have been lawful in the past its only this time I've made this foolish decision.

Yours faithfully,

XXXXXX

 

[AlterEgo]

A couple of points.

1. Address it Dear Sir (or actual name if you have one)
2. Quote the reference number you have been given. It will let the office tie up your response with their letter.
3. They will not be interested in your sob story - they have heard it all before. Concentrate on convincing them that you now realise what you did was wrong, you have learnt your lesson, and you will not do it again.
4. If you are not travelling in the morning peak, consider whether it will be worth your while buying a Railcard which gives you 1/3rd of the ticket price. If you do, state this in your letter so that it gives additional proof that you do not intend buying an incorrect ticket again. https://www.nationalrail.co.uk/railcards/
5. Break your response into paragarphs - it makes it easier to read for someone who will be reading 100s of these letters each day.

I have made some adjustments to your letter below - you will need to make further adjustments to make sure it refects the actual facts. The letter below is a start, but you need to add something about realising the impact of fare evasion on railway companies and what you have learned from this incident. Also, if you have bought a railcard, say that.


Dear Sir,

Ref XXXXXXX

I refer to (date) xxxxx when I travelled from XXXXX to XXXX without a valid ticket. I now realise that this was a foolish idea, have now fully realised my fault, and will not do it again. I am terribly sorry for the inconvenience that has caused to your administration and I'm ashamed of what I’ve done.

xxxxxxxxx - what I have learned etc

I would be grateful if you would consider settling this out of Court, with an appropriate compensation for your administrative costs and owed fares. This is the first time I have done this, and will not do it again. I have been lawful in the past its only this time I've made this foolish decision.

Yours faithfully,

XXXXXX

As a minor note we do not address letters as “Dear Sir” unless we know the gender of the person is male while at the same time not knowing their name; this would be very unusual if writing in response to correspondence. Prosecution letters are usually sent from a department so “Dear (department name) is fine, or as you say, use their name “Dear Mr/Ms Jones”

 

[marqam5]

All right Many Thanks For your advise.

 

[Puffing Devil]

As a minor note we do not address letters as “Dear Sir” unless we know the gender of the person is male while at the same time not knowing their name; this would be very unusual if writing in response to correspondence. Prosecution letters are usually sent from a department so “Dear (department name) is fine, or as you say, use their name “Dear Mr/Ms Jones”

Dear Sir/Madam, if you do not know the name of the recipient, never Dear Prosecutions Department. You are addressing the reader of the letter.

If you're looking for more gender neutral, then "To Whom It May Concern" is acceptable, especially if the department name is in the address: The Prosecutions Department, TOC Name, TOC Street, TOC Town.

 

[AlterEgo]

Dear Sir/Madam, if you do not know the name of the recipient, never Dear Prosecutions Department. You are addressing the reader of the letter.

You're addressing whoever sent it to you. "Dear Prosecutions Department" or the job title of the person "Dear Fare Evasion Manager" is perfectly acceptable in 2024 if that is how the original correspondence was signed, and often is.

You shouldn't use "Dear Sir or Madam" or in fact any gendered personal titles when these are unknown to you - not every reader will be one or the other.

If you're looking for more gender neutral, then "To Whom It May Concern" is acceptable,

You could, but it strikes me as very outdated, vague and impersonal in my view, and not plain English.

 

[Puffing Devil]

I agree with using a Job Title instead of a department. However, we're a long way off from seeing gender-neutral solutions become ubiquitous in anonymous business communications.

 

[Skimpot flyer]

I would be grateful if you would consider settling this out of Court, with an appropriate compensation for your administrative costs and owed fares. This is the first time I have done this, and will not do it again. I have been lawful in the past its only this time I've made this foolish decision.

Yours faithfully,

XXXXXX

I’d advise against putting the statements I’ve highlighted in bold.
@marqam5 admitted in his original post that he’s done this before. If the TOC investigate his previous online purchases, they won’t take too kindly to making a false assertion, surely?