Report for Prosecution

[TDG1]

Hi,

I was issued with a report for prosecution by South Western Railway today and I’m unsure what will happen next.

For context, I have travelled to Cobham from Vauxhall with a 16-25 railcard but I forgot to renew it when it expired. It expired around a year ago.

The rationale behind not renewing it was that I had moved out from my parents house in Cobham to London and so rarely make the trip back to their house and therefore because I was not using it daily I forgot to renew it. Also on the Trainline app because the 16-25 was already added on.

My problem is that I was stopped by another officer around a month ago for the same thing on my way back to Cobham, he issued me with what I think was a report for prosecution but I have now lost that form and only have this one. I have been asking my parents to check in the post and nothing has been received from SWR but because of this I am sure they will reach out now.

I have just renewed my railcard and on my app it shows that I had one for several years in the past, spanning from 2017-2023 so this is not something that is a repeat offence but more a simple mistake.

Is there any advice on what will happen next? And if anyone knows how I can avoid getting a criminal record for this? If I do get issued a criminal record, does anyone know how long this would stay on my DBS?

Thanks for the help in advance.

== Doublepost prevention - post automatically merged: 12 May 2024 ==

Also my form given to me by the officer has no mention of what I’m seeing whilst reading other posts of an MG11? Does this still mean it will be taken to court?

 

[Bertie the bus]

Yo will get written to asking for your version of events. Getting caught twice for the same thing in 1 month could make an out of court settlement tricky. When they do write to you don't repeat what you have written here about you making a series of mistakes. You made a deliberate decision to not renew your railcard and then, after getting caught the first time, made a deliberate decision to continue purchasing discounted tickets without a valid railcard. They are more likely to look favourably on you if you don't make unbelievable claims that these were a series of unfortunate incidents.

 

[Pushpit]

It looks to me like a repeat offence. It doesn't look good, and SWR will probably be less disposed to take a generous view than I am.

I suspect you will be offered an out of court settlement, regardless. You just have to hang on for SWR to check your travel records and that could take some time, more than a month. Then let's see what SWR says to you.

It's unlikely to end up on DBS even if it does go to court, which I also think is unlikely so long as you respond properly to SWR. But if you are in a DBS checking area, usually you have to declare your convictions and cautions anyway, it's not about DBS, it's about the protocols around your line of employment or education. Misleading employers is even more unwise than misleading train companies.

 

[TDG1]

Hi both, thanks for your replies.
I’ll see what they say and then reply to this with what i intend to say to them.
Because I don’t really know how this works, will they ask for my version of events, then issue me with a fine or a court order? And is there anything I can do to avoid a court order if it does end up that way.
Thanks

 

[Pushpit]

The biggest factor about getting an out of court settlement appears to be diligent attention to SWR's letters and honesty about the questions as asked. And then paying SWR's penalty within the timeframe they give you, so you best have £200 or so handy, depending on how many fares you evaded.

 

[Gloster]

If South Western Railway offer you an out of court settlement, they are likely to want the full Anytime Single fare for each and every journey that they think you made without paying the correct fare, such as when you claimed a railcard discount without a valid railcard. No allowance will be made for what you did pay or for any other reductions you might be entitled to. They will then add their investigation costs: these start at around £150 but can increase if they have to do a lot of checking. Once they make the offer, if they do, they expect to be paid in full within a couple of weeks.

 

[Mcr Warrior]

@TDG1. Welcome to the forum. Whilst the matter could possibly proceed to you being prosecuted, if you engage positively and honestly with SWR when you hear from them in due course, you should be able to negotiate a so-called "out of court settlement". They don't have to offer this, but most likely will do.

As @Gloster has mentioned, expect to have to pay the full undiscounted Anytime Day Single fare for each and every journey where you bought/used inappropriately discounted tickets (i.e. after the railcard had expired) plus maybe a three figure sum on top towards SWR's investigation and admin fees.

Easy enough for the SWR investigation team to check your ticket purchasing history if it's been made online using the likes of Trainline.

Presume you've provided the revenue member of staff with a correct and up-to-date postal address and you're not planning on moving elsewhere anytime soon.

P.S. Have you now bought a replacement railcard?

 

[swt_passenger]

P.S. Have you now bought a replacement railcard?

Paragraph 5 of OP stated that he has. In hindsight might have been better to have bought it after the original incident.

 

[WesternLancer]

Because I don’t really know how this works, will they ask for my version of events, then issue me with a fine or a court order? And is there anything I can do to avoid a court order if it does end up that way.
Thanks

To answer this, and you can have a look at other threads., they will write to you (probably in quite accusatory tones) asking for your version of events

This is your chance to apologise, convince them you will not do it again and ask them if they would be kind enough to consider offering you an out of court settlement.

They will then consider your case and decide if they will do that or prosecute you in court. They will write to you to tell you which.

They will not issue you with a fine like you see on Penalty Fare posters at stations now. But a settlement fee might seem like a fine but it’s not. The court can issue a fine but your objective is to avoid it getting to court.

At each stage of the process head here for advice and people will explain your options and what is best to do.

 

[greyman42]

For context, I have travelled to Cobham from Vauxhall with a 16-25 railcard but I forgot to renew it when it expired. It expired around a year ago.

It is a bit of a stretch to convince anyone that you have forgot to renew a railcard that expired a year ago.

 

[Haywain]

It is a bit of a stretch to convince anyone that you have forgot to renew a railcard that expired a year ago.

And even more to suggest that you still forgot after being stopped a month ago.

 

[TDG1]

Thanks for your help everyone, all really helpful as I’m not too familiar with this.

 

[Pensive10]

Thanks for your help everyone, all really helpful as I’m not too familiar with this.

Hello, any updates?

 

[AlterEgo]

Hello, any updates?

Please start your own thread if you need advice. Every case is different.