Southeastern prosecutions fine.

[andrej.kovrigi]

Hello everyone.
There has been many useful threads, but I still have couple of questions.
I have been fined by Southeaster 2 times in last 12 month for not having a valid ticket.
1st time it was around May last year (£50 fine paid)
2nd in November last year (£50 fine paid)
And now 3rd time i have been told that i will be contacted by the railway company with a fine or prosecution.
In all those occasions, i was in a rush and just forgot to tap my oyster. I dont travel that much by train.
My question is, what is most likely outcome of this situation?
Thanks in advance.

 

[alholmes]

It’s impossible to say what will happen at this stage, but clearly the two previous penalties have had no effect on you, which makes it’s harder for you to try and explain away.

They will probably write to you initially and give you an opportunity to give your side of the story - that’s going to be a difficult one to reply to given your two previous penalties. Being in a rush isn’t an acceptable reason for not holding a valid ticket.

Following this, they may offer an out of court settlement, which would be the cost of the fare plus an admin charge of between £100-£200.

Alternatively they may choose to prosecute. If found guilty (which you almost certainly will be), then costs will be higher, there will be a fine and victim surcharge on top, and you’ll have a criminal record.

When they write to you, upload a copy of the letter here (redacting all personal info), and then forum members can give more advice.

 

[andrej.kovrigi]

It’s impossible to say what will happen at this stage, but clearly the two previous penalties have had no effect on you, which makes it’s harder for you to try and explain away.

They will probably write to you initially and give you an opportunity to give your side of the story - that’s going to be a difficult one to reply to given your two previous penalties. Being in a rush isn’t an acceptable reason for not holding a valid ticket.

Following this, they may offer an out of court settlement, which would be the cost of the fare plus an admin charge of between £100-£200.

Alternatively they may choose to prosecute. If found guilty costs will be higher, there will be a fine and victim surcharge on top, and you’ll have a criminal record.

When they write to you, upload a copy of the letter here (redacting all personal info), and then forum members can give more advice.

Thank you for a prompt reply. I agree that the fact that i should attentive when i get on the train. But it is what is now. I am more curious on what are the punishment going to be.
Will definitely keep you updated.

 

[Titfield]

May I suggest you change the location shown in your profile and ask the forum moderator to allow you to change your name as these details could enable you to be identified.

 

[John R]

I’d agree that it is going to be much harder to avoid a prosecution, as Southeastern may well conclude that “in a rush” is actually “deliberately tried to avoid paying” given it’s your third strike.

Apart from the financial cost being higher if you are convicted, if your employment is one where integrity is important (eg law, finance, healthcare), then there could be implications for you as you will almost certainly need to disclose it to your employer.

 

[skyhigh]

In all those occasions, i was in a rush and just forgot to tap my oyster. I dont travel that much by train.

Given that you say you don't travel by train much, 2 penalty fares and a report in 9 months is probably quite a high % of 'forgetting' to tap your Oyster - I'm not sure Southeastern would consider that a reasonable excuse.

 

[Haywain]

And now 3rd time i have been told that i will be contacted by the railway company with a fine or prosecution.
In all those occasions, i was in a rush and just forgot to tap my oyster. I dont travel that much by train.

Do you also forget to tap out at your destination?

 

[andrej.kovrigi]

Do you also forget to tap out at your destination?

Been couple of occasions where I did tap in but didnt tap out and maybe 1-2 times other way around. As I said i travel few times a year by train.

 

[AlterEgo]

You don't travel that much - a few times a year -but you've already been caught three times in eight months? On Southeastern? Pull the other one.

I used to travel every day on the network and was only inspected once in two years.

Southeastern will either prosecute you in the magistrates' court or settle out of court for a substantial sum, once they work out the extent of your offending, as you will appear to them - rightly - as a hardened and habitual offender who sees Penalty Fares as merely an occupational hazard. They have up to six months to bring a criminal case against you if that is what they decide to do.

 

[Mcr Warrior]

Southeastern will either prosecute you in the magistrates' court or settle out of court for a substantial sum, once they work out the extent of your offending, as you will appear to them - rightly - as a hardened and habitual offender who sees Penalty Fares as merely an occupational hazard. They have up to six months to bring a criminal case against you if that is what they decide to do.

It's unlikely to be Porridge though!

So maybe a three figure sum towards their admin and investigation costs plus the fare(s) due, each journey calculated at the undiscounted Anytime Day Single rate?

 

[Grvrdvicdr]

From when I was Se revenue, 3rd time in 12 months is is a bylaw 18 report. Never saw 1 which got settled out of court

 

[30907]

From when I was Se revenue, 3rd time in 12 months is is a bylaw 18 report. Never saw 1 which got settled out of court

For the benefit of the OP:
this means they will consider taking you to court under the railway Byelaws. If this happens, you will receive a fine in proportion to your income, and have to pay a small amount in compensation and a few hundred pounds in court costs, and a " victim surcharge" also in 3 figures. That's going to be £500-£1000 at a guess.

However, it is a "non-recordable" offence and will not destroy your career, scary though it all sounds.

 

[andrej.kovrigi]

From when I was Se revenue, 3rd time in 12 months is is a bylaw 18 report. Never saw 1 which got settled out of court

Would I have to attend the court?

For the benefit of the OP:
this means they will consider taking you to court under the railway Byelaws. If this happens, you will receive a fine in proportion to your income, and have to pay a small amount in compensation and a few hundred pounds in court costs, and a " victim surcharge" also in 3 figures. That's going to be £500-£1000 at a guess.

However, it is a "non-recordable" offence and will not destroy your career, scary though it all sounds.

500-1000 in total?

 

[island]

Would I have to attend the court?

You usually won’t.

 

[30907]

500-1000 in total?

Yes.