Hi all, I would greatly appreciate any advice. The situation is a little complex so I will try break it down as best I can. Both incidents involve SWR. I would rather not post my correspondence. But can post the wording if it would be useful.
It's also worth noting that I hold a senior position in healthcare. This is relevant because I wish to avoid a criminal conviction at all costs, and because despite being used to high levels of stress I'm at a near breaking point at the prospect of losing my job.
Incident 1:
Back in July 2024 whilst living in London I accidentally travelled from London Waterloo to Guildford without a valid ticket. I was used to London travel so stupidly assumed when I tapped through the barrier at Waterloo I could tap out at Guildford. This was a one off as I was in a rush and otherwise usually booked tickets in advance on Trainline. I had a polite conversation on the platform and offered to buy a ticket/pay a fine, however SWR issued me an MG11. I later received a letter in October 2024 stating that they believed they had sufficient evidence to successfully prosecute me under the railway byelaws or RORA. But offered me a settlement, stating they would be unlikely to do so again for a second offence. I initially emailed asking politely if they would consider a reduced fine for an honest mistake, but I was stressed with the 21 day time-out so just paid the settlement of ~£200 and received no response.
Incident 2:
A few days ago I was stopped and asked for my ticket when travelling to work from Guildford to London Waterloo (I have moved since the previous MG11 so this is now a regular route for me, previously it was not). I presented my ticket on the Trainline app but did not have my Railcard available due to problems with my phone/app. I was issued a second MG11 and told I would be contacted for further details. I intended to pre-empt this by sending them my Railcard. However, after getting access to my emails and logging into my account I've realised it expired 2 months ago - and I stupidly did not realise or renew. Meaning that I have some 30 journeys to account for with invalid tickets (all booked on the Trainline). To further complicate this issue the revenue protection officer took my middle name (I gave both) and misspelled my last name. My DOB and address are correct but I think he misheard me when I gave my full name, and I did not realise until I was reading the receipt after the fact.
I fully recognise that I am in the wrong and if this proceeds to court I will most likely be found guilty. This will have ruinous effects on my job and the last 15 years I've spent training and working. I know it all seems rather contrived but these were two honest and independent mistakes. Prior to my Railcard expiring I had been travelling this same route frequently with a valid ticket/Railcard, which I hope indicates that this wasn't intentional. But given my prior MG11 I'm understandably anxious. I do take full responsibility and am more than willing to pay SWR my full fares plus fine for the invalid journeys.
I guess my questions are:
1. Is there much chance SWR will offer me a second settlement? I've had a look but most of the threads on this forum are first time offences.
2. Is there anything I can do proactively to increase the chance of an out of court settlement?
3. Should I contact them preemptively to explain my situation, or to clarify my details?
4. At what point is it worth getting legal representation? If they contact SWR on my behalf is there more chance of a settlement?
It's also worth noting that I hold a senior position in healthcare. This is relevant because I wish to avoid a criminal conviction at all costs, and because despite being used to high levels of stress I'm at a near breaking point at the prospect of losing my job.
Incident 1:
Back in July 2024 whilst living in London I accidentally travelled from London Waterloo to Guildford without a valid ticket. I was used to London travel so stupidly assumed when I tapped through the barrier at Waterloo I could tap out at Guildford. This was a one off as I was in a rush and otherwise usually booked tickets in advance on Trainline. I had a polite conversation on the platform and offered to buy a ticket/pay a fine, however SWR issued me an MG11. I later received a letter in October 2024 stating that they believed they had sufficient evidence to successfully prosecute me under the railway byelaws or RORA. But offered me a settlement, stating they would be unlikely to do so again for a second offence. I initially emailed asking politely if they would consider a reduced fine for an honest mistake, but I was stressed with the 21 day time-out so just paid the settlement of ~£200 and received no response.
Incident 2:
A few days ago I was stopped and asked for my ticket when travelling to work from Guildford to London Waterloo (I have moved since the previous MG11 so this is now a regular route for me, previously it was not). I presented my ticket on the Trainline app but did not have my Railcard available due to problems with my phone/app. I was issued a second MG11 and told I would be contacted for further details. I intended to pre-empt this by sending them my Railcard. However, after getting access to my emails and logging into my account I've realised it expired 2 months ago - and I stupidly did not realise or renew. Meaning that I have some 30 journeys to account for with invalid tickets (all booked on the Trainline). To further complicate this issue the revenue protection officer took my middle name (I gave both) and misspelled my last name. My DOB and address are correct but I think he misheard me when I gave my full name, and I did not realise until I was reading the receipt after the fact.
I fully recognise that I am in the wrong and if this proceeds to court I will most likely be found guilty. This will have ruinous effects on my job and the last 15 years I've spent training and working. I know it all seems rather contrived but these were two honest and independent mistakes. Prior to my Railcard expiring I had been travelling this same route frequently with a valid ticket/Railcard, which I hope indicates that this wasn't intentional. But given my prior MG11 I'm understandably anxious. I do take full responsibility and am more than willing to pay SWR my full fares plus fine for the invalid journeys.
I guess my questions are:
1. Is there much chance SWR will offer me a second settlement? I've had a look but most of the threads on this forum are first time offences.
2. Is there anything I can do proactively to increase the chance of an out of court settlement?
3. Should I contact them preemptively to explain my situation, or to clarify my details?
4. At what point is it worth getting legal representation? If they contact SWR on my behalf is there more chance of a settlement?
