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To my shame, I was caught this morning by South Eastern using a short ticket. They’ll see from the purchase history in the SE app that I’ve done it around 12 times before over the last 4 weeks or so plus there was a refunded ticket. I admitted as such to the revenue officer that dealt with me on the platform. I was told to expect a letter in about 6 weeks. I have never done anything like this before.
I will lose my job and professional status if it goes to court and I’m convicted. What are the chances of that and what should I do now?
I have just spoken to a fare evasion solicitor who told me he could have it sorted and put to bed within 3 weeks (for a fee of course).
Yes, he probably could but, as you say, at a price.
Most experience on these boards points to you being able to do it yourself if you have the time and the necessary patience. The TOCs are usually willing to settle out of court.
It depends what speed and lack of hassle means to you.
To my shame, I was caught this morning by South Eastern using a short ticket. They’ll see from the purchase history in the SE app that I’ve done it around 12 times before over the last 4 weeks or so plus there was a refunded ticket. I admitted as such to the revenue officer that dealt with me on the platform. I was told to expect a letter in about 6 weeks. I have never done anything like this before.
I will lose my job and professional status if it goes to court and I’m convicted. What are the chances of that and what should I do now?
I have just spoken to a fare evasion solicitor who told me he could have it sorted and put to bed within 3 weeks (for a fee of course).
If SE Trains take this to court you would certainly be convicted of a Fare Evasion offence as I understand it, as it is a strict liability offence - so the objective has to be to seek an out of court settlement from your point of view. Have a look at other threads and you will see that this is regularly achieved by people with advice form here without having to necessarily use a solicitor.
I don't want to press you on your profession on a public forum, but I assume you have or can check the consequences of a conviction for what is a relatively minor offense in the great scheme of things by looking at your contract or profession code of practice etc.
That being said you have obviously got a quote from a solicitor and there are several that regularly get mentioned positively on here as specialising in fare evasion work. You will want to trade off the cost of their fees versus the risk to your earning potential in future if the conviction would impact in the way you fear.
You could wait c24 hours here to see what people think and weigh up how you want to progress it / use a solicitor at this stage, since you have not had any formal contact from the railway company yet you are not under pressure of time to respond to them (do not be tempted to contact SE Trains directly at this stage until they contact you is the usual advice given on here).
There is some useful advice often give by Hadders on this forum that I have copied below for you to see - of course this is guidance for people wishing to handle the matter themselves. If you used a solicitor you would be paying them to make your case of course.
Travelling with an invalid ticket is a criminal offence and the railway company are entitled to prosecute you in the Magistrates Court if they want to. The good news is they normally offer an out of court settlement to people who co-operate with their investigation and who haven't come to their attention before.
When they write to you I suggest a short, concise reply that mentions:
- 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 GTR's administrative costs in dealing with the matter
If you are offered a settlement expect to have to pay the cost of the fare avoided at the full Anytime rate with no credit given for the invalid ticket purchased. In addition you will have to pay an administration fee, typically £150.
If you post your draft reply in this thread forum members will proof read it for you.
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One thing you could actively do now is buy a season ticket or flexi season for your full journey going forwards - this is something you can then say in due course that you have done in practical terms to illustrate that you have taken steps to change your behaviour - if you will, perhaps see it as in investment in trying to avoid being prosecuted for your past misdemeanours.
Thanks for that, really helpful. I’m inclined to use a solicitor who knows what they are doing but will hold off for now as you suggest.
Will search the forum for solicitor recommendations. The last thing I want to do is use the wrong firm and make matters worse.
I need to do all I can to settle out of court; the consequences would be severe. I’d lose my job.
Easy to say after the event but can’t believe how stupid and irresponsible I’ve been. Had some difficult times recently, but it’s no excuse. Have to go home now and tell my wife.
SE Normally try and settle things out of court. Try and relax and wait for them to sent you a letter. As suggested by the officer you dealt with, this could take a few weeks.
I would say that you won't need a solicitor at this point. Save the money and use it towards the settlement if you are offered one.
If SE Trains take this to court you would certainly be convicted of a Fare Evasion offence as I understand it, as it is a strict liability offence - so the objective has to be to seek an out of court settlement from your point of view. Have a look at other threads and you will see that this is regularly achieved by people with advice form here without having to necessarily use a solicitor.
I don't want to press you on your profession on a public forum, but I assume you have or can check the consequences of a conviction for what is a relatively minor offense in the great scheme of things by looking at your contract or profession code of practice etc.
That being said you have obviously got a quote from a solicitor and there are several that regularly get mentioned positively on here as specialising in fare evasion work. You will want to trade off the cost of their fees versus the risk to your earning potential in future if the conviction would impact in the way you fear.
You could wait c24 hours here to see what people think and weigh up how you want to progress it / use a solicitor at this stage, since you have not had any formal contact from the railway company yet you are not under pressure of time to respond to them (do not be tempted to contact SE Trains directly at this stage until they contact you is the usual advice given on here).
There is some useful advice often give by Hadders on this forum that I have copied below for you to see - of course this is guidance for people wishing to handle the matter themselves. If you used a solicitor you would be paying them to make your case of course.
Travelling with an invalid ticket is a criminal offence and the railway company are entitled to prosecute you in the Magistrates Court if they want to. The good news is they normally offer an out of court settlement to people who co-operate with their investigation and who haven't come to their attention before.
When they write to you I suggest a short, concise reply that mentions:
- 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 GTR's administrative costs in dealing with the matter
If you are offered a settlement expect to have to pay the cost of the fare avoided at the full Anytime rate with no credit given for the invalid ticket purchased. In addition you will have to pay an administration fee, typically £150.
If you post your draft reply in this thread forum members will proof read it for you.
-----------------
One thing you could actively do now is buy a season ticket or flexi season for your full journey going forwards - this is something you can then say in due course that you have done in practical terms to illustrate that you have taken steps to change your behaviour - if you will, perhaps see it as in investment in trying to avoid being prosecuted for your past misdemeanours.
Unless it’s TfL who will not settle out of court (and hiring a solicitor increases the chance of a final warning instead), hiring a solicitor is a complete waste of money.
We’ve seen one or two cases recently where southeastern try to play hardball, but one or two very contrite letters should be enough to settle out of court. Good luck!
In fairness, the knowledge and expertise on fare evasion advice on this forum is much greater than most solicitors can give. Solicitors will be able to present legal arguments better than this forum, but the experience and wisdom of this forum usually gets good outcomes for fare evaders.
Thanks for that, really helpful. I’m inclined to use a solicitor who knows what they are doing but will hold off for now as you suggest.
Will search the forum for solicitor recommendations. The last thing I want to do is use the wrong firm and make matters worse.
I need to do all I can to settle out of court; the consequences would be severe. I’d lose my job.
Easy to say after the event but can’t believe how stupid and irresponsible I’ve been. Had some difficult times recently, but it’s no excuse. Have to go home now and tell my wife.
IIRC There are three solicitors firms that get mentions on this forum from time to time who have specialist experience. You can search and see what people say about them. I’ll dig out the names tomorrow for you.
You can consider getting quotes. I have no connection with any of them.
As I say you have plenty of time now to weigh up how you want to progress it. Only when they write to you do you have to act fast as you usually only get about ten days in which to reply.
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Thanks for that, really helpful. I’m inclined to use a solicitor who knows what they are doing but will hold off for now as you suggest.
Will search the forum for solicitor recommendations. The last thing I want to do is use the wrong firm and make matters worse.
I need to do all I can to settle out of court; the consequences would be severe. I’d lose my job.
Easy to say after the event but can’t believe how stupid and irresponsible I’ve been. Had some difficult times recently, but it’s no excuse. Have to go home now and tell my wife.
Hi - as promised solicitors that I have noted been mentioned on here over time as follows, if you search the forum with their names you will probably find some examples of people who have used them and posted feedback:
Manak Solicitors: Skilled legal defence for fare evasion cases. Rely on our experienced team to protect your rights, challenge penalties, and guide you through the process.
Facing prosecution for fare evasion? Our expert fare evasion solicitors in London fight to protect your record. With deep expertise in TFL solicitors' defence, we help you avoid fines, criminal convictions, and lasting consequences. Act now—secure expert legal representation today!
Solicitors offering a wide range of legal services
www.grayhooperholt.co.uk
== Doublepost prevention - post automatically merged: ==
I'm not specifically saying you should use a solicitor with this. Like others I think a strong chance you can resolve this yourself if you put the time in. But of course no one can guarantee that you will not be prosecuted (including presumably a solicitor)
So IMHO it comes down to you trading off the cost of employing a solicitors versus the time you might have to spend and their ability to present your case better than you can do so yourself
All that to be weighed up - when considering their fee - against your future earning potential if you truly believe that a prosecution might set back your career or earning potential. If you have a decently remunerated professional career ahead of you, you will be expecting an income over time of £ hundreds of K after all - you might consider paying a wodge now to protect that potential an investment that is not unreasonable when seen in the bigger context.
If you want to do all this DIY however, you will get good advice here from people as you can see on other threads.
Southeastern will just about always settle out of court if you engage with them. Get a solicitor if you want one, but it's very likely it'll cost you more money overall.
To my shame, I was caught this morning by South Eastern using a short ticket. They’ll see from the purchase history in the SE app that I’ve done it around 12 times before over the last 4 weeks or so plus there was a refunded ticket. I admitted as such to the revenue officer that dealt with me on the platform. I was told to expect a letter in about 6 weeks. I have never done anything like this before.
I will lose my job and professional status if it goes to court and I’m convicted. What are the chances of that and what should I do now?
I have just spoken to a fare evasion solicitor who told me he could have it sorted and put to bed within 3 weeks (for a fee of course).
The experienced people on this forum will help you. They helped me (I’m so thankful I check back on this forum semi regularly). I shamefully had short fared on my commute for over a year (170 journeys) - I was offered a settlement of over £1500. I was very compliant with SouthEastern and actually had my case wrapped up and settled in less than a month.
I can’t tell you what to do but see my mistake as a benchmark example, you will be fine without a solicitor. Save your money for the settlement offer.
If you have been reported yourself please make a new thread of your own. No two cases are exactly alike and the forum works best when one problem is discussed per thread.
We are aware of an issue with emails from the Forum to Microsoft-based email accounts (hotmail/outlook/live.com email addresses). This is being looked into currently, thanks for your patience meanwhile.
