short fared, caught and issued with report for prosecution, what options

[rich510]

I short fared and was caught doing this and issued with a report for prosecution. I note that i have done this many times and appreciate that with access to my trainline app they will be able to uncovered that over the last 12 months i have in total done this 22 times. It is not excuse. What is my likely outcome. First prize would be to pay the shortfall and administrative fee. At what stage would they prosecute to going to court without offering an out of court settlement?

 

[Hadders]

Welcome to the forum!

Which train company are you dealing with? Some are easier to deal with than others.

Rail fare evasion is a criminal matter and many would ask how serious a case has to be to end up in court if a case like this doesn’t.

That said, as long as you co-operate with tel he train company, and haven’t come to their attention before, it’s highly likely that you will be able to settle this out of court by paying the outstanding fares at the full Anytime rate plus an admin fee, typically around £150.

The train company will write to you in the next few weeks saying that they have received a report and are considering prosecution. When this letter arrives post a copy of it in this thread (do redact any personal details), along with your draft reply and we can assist with next steps.

 

[Mcr Warrior]

@rich510. Welcome to the forum. Could you also provide some further background info as per the following thread.

Please read before posting in Disputes & Prosecutions

Guidance for those asking for advice: Please bear in mind the following, when asking for advice in this section: We need to know all relevant facts in order to assist you, including, for example: The stations* where you actually started & finished your journey The stations* where you changed...

www.railforums.co.uk

BTW, are you dealing with Transport for London? They tend to play hard ball as regards ticketing irregularities.

 

[rich510]

SWR

== Doublepost prevention - post automatically merged: 9 Jul 2024 ==

I arrived late at the station this morning (my departing station) and only bought a ticket on arriving at Waterloo. I was stopped at the turn styles and asked about my ticket and asked my address. I gave my address and name etc and was asked where i had come from - I indicated where i had come from and asked why i had short paid. I indicated it was an error as i only bought the ticket on arrival at Waterloo. It was a stupid error but when i look at my train app i see that i have done this many times. I hold a regulated position and really need to stay out of trouble. Under what circumstances do they not offer a out of court settlement?

== Doublepost prevention - post automatically merged: 9 Jul 2024 ==

Welcome to the forum!

Which train company are you dealing with? Some are easier to deal with than others.

Rail fare evasion is a criminal matter and many would ask how serious a case has to be to end up in court if a case like this doesn’t.

That said, as long as you co-operate with tel he train company, and haven’t come to their attention before, it’s highly likely that you will be able to settle this out of court by paying the outstanding fares at the full Anytime rate plus an admin fee, typically around £150.

The train company will write to you in the next few weeks saying that they have received a report and are considering prosecution. When this letter arrives post a copy of it in this thread (do redact any personal details), along with your draft reply and we can assist with next steps.

thank you. So in the meantime try and forget about it and deal with whatever comes my way and if they insist on going to court, then i get legal representation and if i am convicted end up with a criminal record and need to pay a maximum fine of £1,000?

== Doublepost prevention - post automatically merged: 9 Jul 2024 ==

naturally i have learnt from this and pretty shaken by it.
I am humbled by this experience and I have learned a lot. I am now aware that fare dodging is a detriment to the Train Service and it’s Company’s time, and realise that it is an insult to all those who rightly pay the full fare. I can assure you that these actions will not be repeated, I have no intention of undertaking this practice again and have subsequently obtained a railcard and I am purchasing monthly season tickets.

 

[Hadders]

I arrived late at the station this morning (my departing station) and only bought a ticket on arriving at Waterloo.

I’m going to guess you bought a ticket from Vauxhall to Waterloo.

So in the meantime try and forget about it and deal with whatever comes my way and if they insist on going to court, then i get legal representation and if i am convicted end up with a criminal record and need to pay a maximum fine of £1,000?

Essentially yes. As I said it’s likely you will be able to settle if you co-operate. If it does end up in court then you’d have to pay:

- A fine based on your income, usually discounted by a third of you plead guilty at the earliest opportunity (this is the punishment)
- A surcharge of 40% of the value of the fine (assists victims organisations)
- Compensation for the fares avoided
- Contribution towards SWR’s court costs

In addition you’d have a conviction with the issues that can involve.

 

[John R]

SWR

== Doublepost prevention - post automatically merged: 9 Jul 2024 ==

It was a stupid error but when i look at my train app i see that i have done this many times. I hold a regulated position and really need to stay out of trouble.

You needed to look at your train app to know that you have done this many times?

I am now aware that fare dodging is a detriment to the Train Service and it’s Company’s time, and realise that it is an insult to all those who rightly pay the full fare.

Again, as someone in a regulated position, are you really saying that you only now regard fare dodging as something very serious, having been caught?

Fortunately, given your regulated position, you should be able to agree an out of court settlement with SWR, but I would suggest that you need to display a greater degree of integrity in all your life going forward commensurate with the position of trust you are in with you employment, as at the moment the two do not seem to be compatible.

 

[rich510]

thank you, I would want to avoid a court action as much as possible. Under what circumstances would they not offer an out of court settlement as this is my biggest risk. If offered an out of court settlement, regardless of what i am asked to pay, i will find the money and pay. My biggest concern is not being offered an out of court settlement.

== Doublepost prevention - post automatically merged: 9 Jul 2024 ==

You needed to look at your train app to know that you have done this many times?


Again, as someone in a regulated position, are you really saying that you only now regard fare dodging as something very serious, having been caught?

Fortunately, given your regulated position, you should be able to agree an out of court settlement with SWR, but I would suggest that you need to display a greater degree of integrity in all your life going forward commensurate with the position of trust you are in with you employment, as at the moment the two do not seem to be compatible.

that is agreed, noted and i will never again make this transgression. Being literally in a position where financially i have really fallen on tough times is still no excuse.

 

[signed]

The truth is that we don't know, some TOC are very likely to get you a settlement, while some like TfL will (almost) never settle with you.

Now you can't do anything more than waiting for the letter

 

[John R]

The truth is that we don't know, some TOC are very likely to get you a settlement, while some like TfL will (almost) never settle with you.

Now you can't do anything more than waiting for the letter

I'd suggest, based on experience of cases we've seen involving SWR, that there's a very high chance of an OOC settlement from them, provided the OP is honest, cooperative and contrite, so I think that's the messaging the OP needs to hear.

 

[Hadders]

I'd suggest, based on experience of cases we've seen involving SWR, that there's a very high chance of an OOC settlement from them, provided the OP is honest, cooperative and contrite, so I think that's the messaging the OP needs to hear.

I agree with this assessment.

 

[rich510]

thank you, very helpful indeed.

 

[kenis]

thank you, very

I short fared and was caught doing this and issued with a report for prosecution. I note that i have done this many times and appreciate that with access to my trainline app they will be able to uncovered that over the last 12 months i have in total done this 22 times. It is not excuse. What is my likely outcome. First prize would be to pay the shortfall and administrative fee. At what stage would they prosecute to going to court without offering an out of court settlement?

Hey, did you hear anything from them eventually? Any letters...

?

== Doublepost prevention - post automatically merged: 20 Jul 2024 ==

thank you, very helpful indeed.

Hey did you hear anything back eventually...?

 

[Mcr Warrior]

@kenis. Welcome to the forum. If you have a similar problem to the one faced up to by @rich510, please would you start your own, separate thread. Thank you.