Report For Prosecution 20/02/2025

[SJHCR]

Hi All,

Hoping to get some advice and guidance. Today I was caught short-faring. Vauxhall to London Waterloo. Which seems to be a popular practice. I’ve held my hands up and said I’ve got it wrong (I have done it before and not been caught) completely appreciate I’m in the wrong.

I understand an investigation will need to be done where they will look into my purchase history. And I will have to wait a number of weeks or months for any sort of correspondence.
So my questions are:

What is the rough timeline for these investigations?

How far back will SWR go into my travel history?

Will they just assume that every Journey I have between those locations is short-faring? And if so how far will they go back? Some of my journeys are legit and others are not.

How likely is this to go to Court? And what would be the typical grounds for that?

I will say that it is not something I do everytime, and I have multiple fares from my actually home location too.

Thanks in advance

 

[Haywain]

Will they just assume that every Journey I have between those locations is short-faring?

Yes. Nobody in their right mind buys a ticket online when contactless or Oyster is significantly cheaper.

 

[JordR]

What is the rough timeline for these investigations?

A couple of weeks to a couple of months seems typical from other cases posted about here. Minor crimes can't be prosecuted more than six months after the event (but serious crimes can and civil cases can also be brought) so you'll usually hear well within this timescale.

How far back will SWR go into my travel history?

If they ask the retailers the retailers will give them all the records they retain, which could go back years.

How likely is this to go to Court? And what would be the typical grounds for that?

If you have done nothing other than short fare and are willing to pay an out of court settlement, which could be the full undiscounted fare for every journey SWR identify and an admin fee of low hundreds of pounds, unlikely.

Not having a valid ticket on a train is a crime under the Regulation of the Railways Act 1889 and Railway Byelaws 2005, there are some differences that you probably don't need to worry about too much. You will not go to jail in any circumstance but you could be fined and pick up a criminal record.

I will say that it is not something I do everytime, and I have multiple fares from my actually home location too.

Which probably makes it even easier to spot!

 

[SJHCR]

A couple of weeks to a couple of months seems typical from other cases posted about here. Minor crimes can't be prosecuted more than six months after the event (but serious crimes can and civil cases can also be brought) so you'll usually hear well within this timescale.

If they ask the retailers the retailers will give them all the records they retain, which could go back years.

If you have done nothing other than short fare and are willing to pay an out of court settlement, which could be the full undiscounted fare for every journey SWR identify and an admin fee of low hundreds of pounds, unlikely.

Not having a valid ticket on a train is a crime under the Regulation of the Railways Act 1889 and Railway Byelaws 2005, there are some differences that you probably don't need to worry about too much. You will not go to jail in any circumstance but you could be fined and pick up a criminal record.

Which probably makes it even easier to spot!

A criminal record for short faring?

 

[Titfield]

A criminal record for short faring?

Yes because if they are not prepared to offer you an out of court settlement (to which you then agree) then their alternative is a prosecution.

Being found guilty results in a conviction.

 

[JordR]

A criminal record for short faring?

Yes, it's a minor crime. But provided you engage with SWR when they contact you and show willingness to pay, they're likely to offer you an out of court settlement and you will have no criminal record if things are resolved that way.

 

[SJHCR]

Okay, that’s a relief, I am happy to pay what’s due… hold my hands up etc.

I just wasn’t sure if there was a threshold - i have transaction history going between Waterloo and Vauxhall back to 2022 (I only short fared the last 12-18 months) so wasn’t sure if there was an escalation process?
Honestly probably 20-30 fares over the last 18 months but wasn’t sure if it would be treated differently or just a larger, more expensive settlement

 

[JordR]

No one can guarantee that SWR will offer to settle, but there have been other people posting in this forum where dozens or even hundreds of cases of short faring have still been resolved with an out of court settlement.

 

[Titfield]

Okay, that’s a relief, I am happy to pay what’s due… hold my hands up etc.

I just wasn’t sure if there was a threshold - i have transaction history going between Waterloo and Vauxhall back to 2022 (I only short fared the last 12-18 months) so wasn’t sure if there was an escalation process?
Honestly probably 20-30 fares over the last 18 months but wasn’t sure if it would be treated differently or just a larger, more expensive settlement

Train Operating Companies do take those who engage in fare evasion on an industrial scale to court but from what we see on this forum it has to be in aggregate a significant sum of money (say £8K plus) before they go to court.

Train Operating Companies prefer to settle put of court for obvious reasons.

Any out of court settlement offer is usually the full fares avoided (no allowance for the fares actually paid) plus an admin fee to reflect the work investigating the online accounts) held. Admin fees of £120 - £200 seem to be the going rate for all but the most involved investigations.

 

[SJHCR]

No one can guarantee that SWR will offer to settle, but there have been other people posting in this forum where dozens or even hundreds of cases of short faring have still been resolved with an out of court settlement.

Thank you very much. No i understand that and i have read a few of those cases - i did speak to SWR customer service who said most of the time it goes to an out of court settlement as well. So fingers crossed.

 

[Cuthbert]

Train Operating Companies do take those who engage in fare evasion on an industrial scale to court but from what we see on this forum it has to be in aggregate a significant sum of money (say £8K plus) before they go to court.

Train Operating Companies prefer to settle put of court for obvious reasons.

Any out of court settlement offer is usually the full fares avoided (no allowance for the fares actually paid) plus an admin fee to reflect the work investigating the online accounts) held. Admin fees of £120 - £200 seem to be the going rate for all but the most involved investigations.

Some even £15k-£20k
I think Hadders mentioned it in a few previous posts.

If you follow the guidance from the pros on this forum and be truthful it's a really good chance of an out of court settlement.

 

[SJHCR]

Thanks for all the advice.

Adding it all up, at worst case scenario, taking every transaction between those locations over the since the account started in May 2022 - It works out at roughly £630 based on current fare prices.
I will cooperate as much as possible and I have already reached out via to hold my hands up that I got the incident today wrong.
Is there anything else you’d recommend I do before I receive the letter?

 

[Fawkes Cat]

Is there anything else you’d recommend I do before I receive the letter?

Make notes of today's interaction with the railway - if you need to refer back to it, it's much easier to have notes rather than relying on your memory.
Similarly for the other occasions when you didn't pay the right fare at the right time.

Then wait for the railway to get in touch with you.

 

[Hadders]

Some even £15k-£20k
I think Hadders mentioned it in a few previous posts.

If you follow the guidance from the pros on this forum and be truthful it's a really good chance of an out of court settlement.

It was more than that! if I remember correctly, it was Southeastern who settled with a person (solicitor I think) for £30k (although they were subsequently struck off by their regulator following adverse publicity.

A criminal record for short faring?

Fare evasion is a criminal offence. Many people think it's like getting a parking ticket but it's not.

While SWR are sntitled to prosecute you if they want it is almost always possible to obtain an out of court settlement if you co-operate with their investigation. Paying an out of court might feel like paying a fine but technically it isn't - only a court can impose a fine as a punishment upon conviction. Paying a settlement means you don't go to court and won't be convicted.

 

[John R]

Okay, that’s a relief, I am happy to pay what’s due… hold my hands up etc.

I just wasn’t sure if there was a threshold - i have transaction history going between Waterloo and Vauxhall back to 2022 (I only short fared the last 12-18 months) so wasn’t sure if there was an escalation process?
Honestly probably 20-30 fares over the last 18 months but wasn’t sure if it would be treated differently or just a larger, more expensive settlement

I suspect you will have difficulty persuading SWR that tickets for that early period are bona fide, for as has already been said, it’s very odd to pay more when a more convenient cheaper way (Oyster/Contactless ) is available. We sometimes see people in that position pay any amount requested for those “genuine” tickets too, rather than risk a prosecution if the investigator thinks you are not telling the truth.

 

[SJHCR]

I suspect you will have difficulty persuading SWR that tickets for that early period are bona fide, for as has already been said, it’s very odd to pay more when a more convenient cheaper way (Oyster/Contactless ) is available. We sometimes see people in that position pay any amount requested for those “genuine” tickets too, rather than risk a prosecution if the investigator thinks you are not telling the truth

Thanks for this, at this point, I’m happy to pay whatever sum they suggest if it avoids a court hearing and a potential criminal record - which from my reviewing history would total roughly £750 and then any admin fees they wish to impose on top.
Whilst I appreciate it’s not an insignificant amount of money, I’d like to do whatever I can to make an out of court settlement most likely.
Is it better for me to let them lead the discussion or should I broach an out of court settlement with a number in mind?

 

[JordR]

Is it better for me to let them lead the discussion or should I broach an out of court settlement with a number in mind?

You should ask for one when the time comes but not propose a number. They'll work out what they want and won't usually be negotiated on it.

 

[SJHCR]

I still haven’t heard anything from SWR - how long does this process usually take?

 

[30907]

I still haven’t heard anything from SWR - how long does this process usually take?

They have up to 6 months to decide to prosecute - it could be a bit longer yet

 

[HelpWithAMista]

I still haven’t heard anything from SWR - how long does this process usually take?

Hey SJHCR,

I have been waiting to hear from them since 4th February for a similar case. I think @Hadders mentioned on a sperate post they are especially backed up right now.

I hope this brings you some relief from the panicking that I'm sure you feel (because I feel it too!)