Southeastern Prosecution Letter

[Charp.66]

Hi all,

Hoping to be able to get some advice due to recent turns and finding this area/forum very helpful.

Backstory, for a year or so (actually quite rarely due to COVID) travelling from the near folkstone in London on an apprenticeship i purposefully did not buy the full ticket for my journey, only buying a ticket a few stops or so before London is order to avoid paying the full fare. Not that this is an excuse but i was earning an absolutely awful wage and was really struggling financially with my train fare actually costing me twice as much as i was earning each day - even with buying cheaper tickets.

Back in the Summer i was stopped by a Train officer at London Bridge to check my ticket, turns out she has been following me since i got on and had witnessed by whole journey so took a full statement report and reported the matter. I received a letter for me to confirm my details and that this was me a few months after the incident and then this week i have received a letter about a summons to court with a fine of almost £2,500.

I cannot express how much i realise my mistake and looking back at it now i feel sick to my stomach of how silly i was. I am recently at a better job and absolutely terrified of what a criminal offence will mean for this and for my life.

I spoke with a southeastern prosecution officer today who said the only thing i can do is write to the prosecution office asking for an out of court statement but that this has a real 50% chance.

Any advice on if there are any routes i can take, or what to potentially include in my letter would be greatly appreciated.

 

[furlong]

Can you can raise that sort of money to pay as an immediate lump sum? If you can and you now engage with them positively you should have nothing to lose by asking for an out-of-court settlement. On this forum we have often seen Southeastern settle, and they famously once did this for someone who'd been cheating for many years - they paid back over £40,000 to avoid a criminal conviction. If however you would have to pay in installments that would be more difficult (how can they be sure you'll really pay?) and in that case you might need to look for a loan. If you've looked at other threads, you have probably worked out the sort of letter to write to request a settlement and the sorts of factors they are likely to consider. There is one more subtle factor that is sometimes useful if you know how that 2500 has been calculated - sometimes a court can be persuaded to award only a lesser amount. In other words, depending on various unknown things, there is chance the company will end up with more money if it settles with you now than if it goes ahead and prosecutes, and when large sums are involved it can be worth having a solicitor to try to argue on your behalf for the number to be reduced. There was another case a few years ago with Chiltern, where they did prosecute but the court substantially reduced the amount that had to be paid back in compensation.

 

[30907]

You need to ask about the possibility of an out-of-court settlement.

Your letter needs to be brief and contain no excuses.
Admit that you have done something wrong, which costs the railway (and therefore the taxpayer) money, and apologise.
Undertake not to offend again.
Ask them to consider a settlement which will cover the fares you didn't pay and the cost of investigating this.

(There are better suggestions on other threads, sorry I can't find one quickly.)

Some small clarifications, please
1. What offence are they proposing to charge you with?
If you can upload a copy of the letter (hide personal stuff!) it will help us help you.
2. What is the £2500? - only a court can impose a fine, and that will be in proportion to your income.
I suspect this amount is what SE will be claiming in costs, and that will include the full return fare (£66 a day from Folkestone C) for however many days they think you have travelled. You should do the calculation yourself, just in case they are wildly wrong.

Finally, going to court - if it ends up that way - is not the end of the world. At worst, you will have a criminal record that is spent after one year; it may show up on an enhanced DBS clearance, but it doesn't mean the end of your career - most employers will be tolerant it, provided you are upfront with them. So don't panic but do start saving, as even an out of court settlement could be pricey.

 

[furlong]

References for my previous comment

Southeastern:

FCA bans £43,000 fare dodger from working in financial services

Financial Conduct Authority says conduct of former Blackrock MD Jonathan Paul Burrows fell short of the standards expected in the City

www.theguardian.com

Chiltern:
Daily Telegraph

The City barrister, who was cautioned for fare dodging in 2010, was handed a 16-week prison sentence suspended for 12 months and ordered pay £5,892.70 in compensation to Chiltern Railways at City of London Magistrates.

Judge Omotosho said: "Looking at all the evidence in the round I am satisfied that a reasonable attempt has been made by the defendant to calculate loss to the company and in this case the actual loss is £5,892.70 and not the £19,689 as claimed."

And given what is involved in your situation, I would strongly suggest that you familiarise yourself with the Chiltern case, and seriously consider using a solicitor and mention that case to them. (A typical line of argument might be that out-of-court without prejudice you'd pay what they ask but in court you'd present arguments that try to reduce it.)

 

[Hadders]

Welcome to the forum.

It's not exactly clear to me what you have been sent. It might be a court summons, but it might be a letter threatening to prosecute you and asking for your version of events. It would help if you could post a copy of the letter you have received with any personal details redacted. This will help us to be able to offer the most appropriate advice.