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SWR Report For Prosecution

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Benrailways

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25 Nov 2023
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Surrey
Hi All,

I’m looking for some advice regarding a Report for Prosecution that was given to me today by a representative of South Western Railways. Your advice would be very much appreciated as I’m spiralling a little bit at the thought of a court summons!

I travelled from Cobham to Waterloo and returned from Waterloo to Cobham.

In full transparency, there are no barriers at Cobham station, so I bought a Trainline ticket from Vauxhall to Waterloo. On my return, I purchased a ticket from Waterloo to Clapham, allowing me to go through the barriers at Waterloo.

On my return journey I was approached by a revenue protections team from South Western railway. In a bid to avoid a penalty fare and simply pay for a ticket, I told the officers that I was let through by a lady at Surbiton because I was in a rush to catch my train. The officer called my bluff and began to take details from me. I panicked and gave an incorrect name and address, of which, was immediately found to be a lie by the officer.

At this stage, I was told that I was very close to being reported for prosecution and to tell the truth. I then confessed my offence to the officer and gave him my correct details. When asked how I travelled to London on my outbound journey, I told the truth and said I bought a ticket from Vauxhall to Waterloo, thus, avoiding the full fare.

At this point, the officer informed me that he would be reporting the case to the SWR prosecutions team. I was informed that I would receive a letter in the post summoning me for an interview.

Contextual information:

1) Upon reading other forums, I have seen discussion regarding an ‘MG11’. I am unsure if the receipt I have been issued is an MG11 as this is not stated anywhere on my receipt. The receipt is titled “Report for Prosecution”.

2) The officer noted the references of the tickets from the Trainline app. I do not regularly travel on the trains and my previous tickets on the Trainline app demonstrate that this is not an offence I have committed before.

3) One of the officers was very kind, and seemed to empathise with my panicked state. I said something to the tune of “after disclosing the truth, I’ve been reported for prosecution and now face a criminal record”. He assured me not to worry and that if I tell the truth at the meeting, and am indeed not a regular offender, that it would likely be an administrative settlement.

4) It is worth noting that I have had encounters with a rail enforcement officer in the past. However, this was a few years ago, when I was under 18, and was not with SWR. There was no further action from this and I do not believe I even had to pay a penalty charge.

5) When searching my address on their system, they read my Brother’s name out. He has received a penalty charge notice that he has appealed but not paid yet. The officer asked for my proof of identity, in which I gave him my debit card with my name on it. The officer also made a comment of - “I think you have done this before and given your brother’s name”. For the record, I have not done this and made it clear that I would not stitch my own brother up!

I would be extremely grateful if anybody is able to answer my following questions:

1) On the whole, what are my chances of an out of court settlement? I am genuinely remorseful, and will enter any communication with humility and remorse, admitting to my mistakes and agreeing to never do them again.

2) Does the lack of an MG11 mean that an interview is a certainty? Or is there still a chance that I will be offered an out of court settlement without an interview?

3) Will it be noted that I initially tried to give false information? It was only when pressured that I told the truth. How badly does this affect my chances of an out of court settlement?

Thank you very much for your time in reading this. Your advice is much appreciated.

Many thanks
Ben
 
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Hadders

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Welcome to the forum!

We see lots of cases like this on here. I'd be surprised if SWR will want to interview you, it is more likely to be dealt with by post, unless you have done this several times before. What I expect will happen is they will send you a letter which will typically take a few weeks to arrive. The letter will say that they have received a report, are considering prosecuting you and asking for your version of events before deciding how to proceed. It is important that you engage with and reply to this letter. You might want to include the following in your reply:

- 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 the train company's administrative costs in dealing with the matter

Make sure your reply is short and concise, don't give a sob story - they've heard it all before. SWR are usually prepared to offer an administrative settlement (commonly known as an out of court settlement) for people who engage with the process and who haven't come to their attention before. There is no guarantee of this and the train company is within their rights to prosecute you in the magistrates court.

I wouldn't expect you previous encounter with railway enforcement officers to impact your chance of obtaining a settlement in this case but do be aware that SWR will be able to search your online ticket purchase history and if this shows you persistently purchase Vauxhall to Waterloo tickets then they might want to ask you further questions about this.

If you are offered a settlement the amount tends to be around £150 plus the outstanding fare. An out of court settlement might appear to be a fine, but it isn't and you won't have a criminal record as a result of accepting one.

Feel free to post a copy of the letter once it arrives (with personal details redacted) along with your draft reply in this thread and forum members will be happy to proof read it for you.
 

John R

Established Member
Joined
1 Jul 2013
Messages
6,157
In addition to @Hadders excellent advice, it goes without saying that you must buy the correct ticket from now on. A second settlement offer is very unlikely if caught a second time, and you will probably end up in court.
 

Benrailways

New Member
Joined
25 Nov 2023
Messages
2
Location
Surrey
Hi Hadders,

Just wanted to say a massive thank you for your advice. It has certainly put my mind at ease and helped me to understand the process.

Thank you for your offer of proof reading the reply, I think I may take you up on this!

Many thanks

== Doublepost prevention - post automatically merged: ==

In addition to @Hadders excellent advice, it goes without saying that you must buy the correct ticket from now on. A second settlement offer is very unlikely if caught a second time, and you will probably end up in court.
Absolutely. After researching everything and fully understanding the magnitude of the situation for persistent offenders, I now understand that fare evasion can be very serious!

I have also informed others of what can happen when caught! Rest assured I will not be doing this again.

Thank you
 

MikeWh

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I have also informed others of what can happen when caught! Rest assured I will not be doing this again.
That is exactly the thing that train companies want to happen. Word of mouth is much more powerful than standard communications.
 

spag23

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4 Nov 2012
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793
That is exactly the thing that train companies want to happen. Word of mouth is much more powerful than standard communications.
Particularly if the word of mouth gets focused onto the cohort (friendship group) most likely not to appreciate the seriousness of "clever" fare evasion tricks.
 

Hadders

Veteran Member
Associate Staff
Senior Fares Advisor
Joined
27 Apr 2011
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18,162
Hi, I am in a very similar situation and currently very stressed out, do you have any update on your case?
Please start your own thread if you need advice rather than hijacking another one.

We ask that only one case is discussed in each thread because however similar they might seem, no two cases are ever quite the same.
 
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