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SWR - Single Justice Notification

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flakmunki

Member
Joined
3 Mar 2025
Messages
6
Location
Surrey
Hi All,

Firstly, i have been reading a few other threads and wanted to say that the advice here and the manner in which these thread are handled is incredibly admirable and very cool that people give their time helping others with these matters.

That being said, here is mine...

On the 26th of feb 2025 i received a "single justice procedure notice" from SWR through the court.

This is in connection to the below events:

In november last year, i was on my way from home into london for work one morning from Hersham station into Waterloo. I usually buy my tickets via the SWR app and do not have any railcard and buy adhoc as i am only in the office 2-3 days a week. On this day, i was late as explained below and was planning to buy my ticket once boarded. (i understand tickets should always be purchased before boarding)

I boarded the 08:09 (or 08:10 as it was a little late) with seconds to spare as i had left home a little late so practically made it into the train just before it left.

The train as to be expected was extremely full with people already standing everywhere as all seats were taken. The car i got into had a 1st class area and a couple seats were available. I sat down caught my breath and assumed all would be well as i could now purchase my ticket as usual as well as although i was in 1st class, i had on multiple occasions asked the train guard if this was acceptable with a std ticket and they had always said that morning services when full, were declassified and did not require a 1st class ticket. i had sat in 1st class when the train was full with no issue a few times before this.

About a minute after we left, the swr revenue protection person walked into the 1st class cab. I was asked for my ticket..... I explained to the gentlemen my predicament and he then said he would have to note the incident. I explained i was about to purchase the ticket, and he said, not to worry, he was just going to note incident and i could use the report printed out to exit at waterloo. I assume even though the train was full, they were looking at first class cabs specifically to see if people had valid tickets? The officer mentioned that 1st class was not declassified on this train and i explained how i had previously asked train guards before boarding if this was allowed. This includes the train before the 08:09 ( the 07:46) and the one following (the 08:19). He said that if the ticket can purchased on the app, 1st class is not declassified and when i offered my train guard retort, he said he could not speak with the guard now and had to note the incident.

Side note here, while this happened another passenger in the 1st class cab mentioned that its usually declassified, and he mentioned it as he only had a std ticket in aid of my defence, which was very kind. He never got asked for his ticket as the officer only focused on me, and consequently got off at surbiton which was the next stop about a minute or so later.

I assumed i would get. a penalty fare or something similar for this and assumed the report the officer typed up would lead to this as he said swr would be in contact.

I still purchased my ticket via the app on the train as normal after all of this and traveled to waterloo and got on with my day.

I then received the attached single justice notice and now i both shocked and slightly worried about this. I assumed a fine would be in order but according to this its basically already with the court?

In the forms it offers only 3 options Guilty, no court appearance, not guilty, with appearance, or not guilty with the trial executed without you using info provided.

I undetsnad if plead or founf guilty, this could go on your criminal record as well as having to pay the fine?

I have seen in other threads advice was given to reply with an apologetic note but in this case the reply to these papers goes directly to a magistrates court. SO how would this be settled without a cse in this instance?


Would the option be to write to SWR fraud and prosecutions apologising and asking to pay the ticket and legal costs?

I would ideally be happy to pay the legal costs and orignal ticket price (although i bought one on the day) to make this go away. i really dont need a day where i was late for teh train and as a good paying customer every other time end in me having this on record....


Hope this was not too much detail but any guidance here would be great. TIA
 

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WesternLancer

Veteran Member
Joined
12 Apr 2019
Messages
15,240
Hi All,

Firstly, i have been reading a few other threads and wanted to say that the advice here and the manner in which these thread are handled is incredibly admirable and very cool that people give their time helping others with these matters.

That being said, here is mine...

On the 26th of feb 2025 i received a "single justice procedure notice" from SWR through the court.

This is in connection to the below events:

In november last year, i was on my way from home into london for work one morning from Hersham station into Waterloo. I usually buy my tickets via the SWR app and do not have any railcard and buy adhoc as i am only in the office 2-3 days a week. On this day, i was late as explained below and was planning to buy my ticket once boarded. (i understand tickets should always be purchased before boarding)

I boarded the 08:09 (or 08:10 as it was a little late) with seconds to spare as i had left home a little late so practically made it into the train just before it left.

The train as to be expected was extremely full with people already standing everywhere as all seats were taken. The car i got into had a 1st class area and a couple seats were available. I sat down caught my breath and assumed all would be well as i could now purchase my ticket as usual as well as although i was in 1st class, i had on multiple occasions asked the train guard if this was acceptable with a std ticket and they had always said that morning services when full, were declassified and did not require a 1st class ticket. i had sat in 1st class when the train was full with no issue a few times before this.

About a minute after we left, the swr revenue protection person walked into the 1st class cab. I was asked for my ticket..... I explained to the gentlemen my predicament and he then said he would have to note the incident. I explained i was about to purchase the ticket, and he said, not to worry, he was just going to note incident and i could use the report printed out to exit at waterloo. I assume even though the train was full, they were looking at first class cabs specifically to see if people had valid tickets? The officer mentioned that 1st class was not declassified on this train and i explained how i had previously asked train guards before boarding if this was allowed. This includes the train before the 08:09 ( the 07:46) and the one following (the 08:19). He said that if the ticket can purchased on the app, 1st class is not declassified and when i offered my train guard retort, he said he could not speak with the guard now and had to note the incident.

Side note here, while this happened another passenger in the 1st class cab mentioned that its usually declassified, and he mentioned it as he only had a std ticket in aid of my defence, which was very kind. He never got asked for his ticket as the officer only focused on me, and consequently got off at surbiton which was the next stop about a minute or so later.

I assumed i would get. a penalty fare or something similar for this and assumed the report the officer typed up would lead to this as he said swr would be in contact.

I still purchased my ticket via the app on the train as normal after all of this and traveled to waterloo and got on with my day.

I then received the attached single justice notice and now i both shocked and slightly worried about this. I assumed a fine would be in order but according to this its basically already with the court?

In the forms it offers only 3 options Guilty, no court appearance, not guilty, with appearance, or not guilty with the trial executed without you using info provided.

I undetsnad if plead or founf guilty, this could go on your criminal record as well as having to pay the fine?

I have seen in other threads advice was given to reply with an apologetic note but in this case the reply to these papers goes directly to a magistrates court. SO how would this be settled without a cse in this instance?


Would the option be to write to SWR fraud and prosecutions apologising and asking to pay the ticket and legal costs?

I would ideally be happy to pay the legal costs and orignal ticket price (although i bought one on the day) to make this go away. i really dont need a day where i was late for teh train and as a good paying customer every other time end in me having this on record....


Hope this was not too much detail but any guidance here would be great. TIA
Hi - OK - this is a serious problem as things should not have got to the point of SWR taking this to court stage which is likely what has triggered the SJPN notice.

As you will see from other threads the usual process is for the railway to have written to you after the incident, usually threatening that they can prosecute you, but asking for your version of events (which is your chance to reply and apologise, and ask them if you can settle the matter without being prosecuted) - but seemingly this has got to the point where they are prosecuting you....

so:

1) - are you 100% sure that you have not received, since the incident, any hard copy post or e-mail (inc in spam) from the railway about this incident)? - is your post secure, have you moved house, or had any other problems with your post that you know of? Could someone else in your house have taken a letter and not passed it on to you for example? Obv post does go missing with Royal Mail, or SWR may have failed to send you the letter by mistake

2) - you need to urgently contact SWR to seek to try and persuade them to let you settle the matter and withdraw the court action. This needs to happen before the deadline to return the SJPN papers to the Court. remember the court and the railway are totally different organisations, the court just does what the railway prosecution asks them to do - which in this case is process a prosecution. Only the railway can withdraw that prosecution now. You will need the SWR prosecutions contact details (postal and e-mail) to ask about this - not Customer services. I expect someone here can find it for you or it may be on another recent thread. There is a postal address on the papers you uploaded, but may be an e-mail available too Do not try to ring them - things need to be in writing so there is a clear record of what has been said. Before sending anything in writing I suggest getting your wording checked here

3) - meanwhile you must not miss the court deadline for return of SJPN paperwork. So bear that in mind - that deadline. I work it out as in reality Friday 14th March (so you may need more time - see 4 below.)

4) - IIRC it is often advised on here that if you cant get a settlement offer before a court deadline with an SJPN and need more time to try and get one then what you should do is return SJPN notices as 'not guilty' as this then triggers a court date to be set which will be further time away, allowing you time to try to get an out of court settlement - but don't do this until close to the court papers return deadline. but do not miss that deadline

Others will hopefully give further advice or correct anything above that I have said that is wrong.

Start working up the sort of message you need to write to SWR about this - see the usual formula on other threads but it needs to start with stating clearly that the SJPN paperwork was the frst contact you had had since the incident and the inspector had lead you to believe that SWR would write to you about it. I assume you know it was SWR? The Court papers do state that after all. Were you given any paperwork when the incident happened?

I'm afraid you need to ignore all the stuff about being in a rush, 1st class being declassified on other occasions, how another passenger in the 1st class was or was not treated, how crowded the train was etc.

It seems to me you committed 2 offences - i) sitting in 1st class without a 1st class ticket and ii) boarding the train before buying your ticket which is never permitted if there are ticket issuing facilities at the station where you boarded. I know this is all part of your explanation which is fair enough but (ii) at least is actually a criminal offence and they can prosecute if they want to. This is perhaps why the SJPN notice only talks about ticket validity in the witness statement and not about 1st class seat you were in (

You need to focus in your response on

- the point about this being the 1st time you have heard about the incident (ie from the court not the railway)
- apologising for not having a valid ticket when stopped
- that you now understand what you did was wring
- that you never intended to evade paying a fare but had hoped to be able to pay on board
- that you won't do this again
- and offer to pay them the fare that you owe and any of their costs relating to the investigation of the incident in the hope the matter can be resolved without court action and the SJPN court process can be withdrawn
 
Last edited:

flakmunki

Member
Joined
3 Mar 2025
Messages
6
Location
Surrey
are you 100% sure that you have not received, since the incident, any hard copy post or e-mail (inc in spam) from the railway about this incident)?

This was part of my concern when i opened this letter. I thought it a bit extreme for a first step. I had read in other threads that people had received these and i had not...... There is a chance between my partner, my son or our cleaning lady that this was put some where "safe" for me and i had not seen it. I will double check tonight, but i guess this not help with next steps if only as a means to explain my position now....

PS. thank you @WesternLancer for the prompt response and guidance here
 

WesternLancer

Veteran Member
Joined
12 Apr 2019
Messages
15,240
This was part of my concern when i opened this letter. I thought it a bit extreme for a first step. I had read in other threads that people had received these and i had not...... There is a chance between my partner, my son or our cleaning lady that this was put some where "safe" for me and i had not seen it. I will double check tonight, but i guess this not help with next steps if only as a means to explain my position now....

PS. thank you @WesternLancer for the prompt response and guidance here
it's very much not the usual first step - your infraction is not at the serious end of the evasion scale after all. I would say this has just happened because the computer has said 'no reply from passenger by x date, escalate to court' with no one checking if passenger had in fact been written to etc, let alone if Royal Mail might have list the letter.

Does the address for you on the Court paperwork match your recollection of the address you gave them on the day / the address on any ID you may have shown them to support your address info given verbally?

I still think you can resolve this yourself (ie without solicitor involvement) but you may need more time (even if you can send a good reply to them in the next 24 hours, which I am sure is possible, they still need to action it at SWR when they no doubt have a great many cases open at any one time) - but you can still give them a week.

I think you need to get a draft ready to send to SWR ASAP, and checked here by people to get it as good as possible, in the hope it can get to them for Friday - which gives a good week before you have to think seriously about sending in an SJPN plea - assuming I have calculated the court's deadline correctly.
 

flakmunki

Member
Joined
3 Mar 2025
Messages
6
Location
Surrey
Does the address for you on the Court paperwork match your recollection of the address you gave them on the day / the address on any ID you may have shown them to support your address info given verbally?
it does and this is the address the SJPR was delivered to and also just popped through the door. I assume this was the address captured by the officer on the day as on sjpr they have my birth year incorrect which i assume was a typo when all this info was given.....

I will draft up a reply asap and have it on here by this evening. thx again for the help.
 

WesternLancer

Veteran Member
Joined
12 Apr 2019
Messages
15,240
it does and this is the address the SJPR was delivered to and also just popped through the door. I assume this was the address captured by the officer on the day as on sjpr they have my birth year incorrect which i assume was a typo when all this info was given.....
OK - that pretty much rules out it being sent to wrong place

DoB - probably worth getting it corrected in due course but that is not immediate priority and of course would not stop a worst case of a prosecution I'm sure

I will draft up a reply asap and have it on here by this evening. thx again for the help.

have a look if any other threads that involve straight to SJPN that you can have a look over just in case they are of help - I'm sure there was another recent one where it happened and was on here (even if the ticket error was not the same as yours)
 

flakmunki

Member
Joined
3 Mar 2025
Messages
6
Location
Surrey
UPDATE!

Upon returning home this evening i made it my mission to make sure i either did not get the first letter or if i did receive it but never saw it.... for whatever reason....

I scrounged through everywhere i thought it may have been misplaced and low and behold, in a drawer in our dining room sideboard in amongst some random paper work for the car,there it was!

A letter sent by SWR in early December notifying of my penalty charge and how i could pay it... i am both relieved and at the same time quite annoyed... I guess someone just popped it all in a drawer during a "cleanup" attempt.

I am now not sure if i am relieved or not...

I guess i will have to write to them explaining this and beg for forgiveness and hopefully get to my dues.
 

WesternLancer

Veteran Member
Joined
12 Apr 2019
Messages
15,240
UPDATE!

Upon returning home this evening i made it my mission to make sure i either did not get the first letter or if i did receive it but never saw it.... for whatever reason....

I scrounged through everywhere i thought it may have been misplaced and low and behold, in a drawer in our dining room sideboard in amongst some random paper work for the car,there it was!

A letter sent by SWR in early December notifying of my penalty charge and how i could pay it... i am both relieved and at the same time quite annoyed... I guess someone just popped it all in a drawer during a "cleanup" attempt.

I am now not sure if i am relieved or not...

I guess i will have to write to them explaining this and beg for forgiveness and hopefully get to my dues.
well at least it solves part of the mystery.

might be worth you uploading an anonymised copy of it here for people to check -

but yes it would seem like you best approach is to write and explain that it had got misplaced, you are very sorry for not reasoning, would they be kind enough to allow you to pay the original settlement and any costs they have incurred (by moving it up to court action it's reasonable to assume that this has cost them more in time an effort somewhere along the line so I'm thinking it's a good idea to at least be seen to offer that to them maybe), and if they can withdraw the court action.
 

flakmunki

Member
Joined
3 Mar 2025
Messages
6
Location
Surrey
Here is my draft. please let me know what you think and of any changes/additions/removals:

Attention: SWR Prosecution Department

I am writing to you regarding case no: xxxxxx URN SWRxxxxx.

I would like to address two points regarding this matter.

1) I received the SJPN on the 26th of february 2025 regarding the report cited by your officer which occurred on the 27th of November 2024.

This at the time was the first information i was aware of regarding this incident and the first ime with contact from the courts. I have since been seeking advice and been informed that the procedure is usually to first receive a letter from SWR regarding the incident with details about the event and possible penalty fares and how to resolve the matter.

Until the 5th of march 2025, I was unaware of this letter and had assumed it was either not sent or i had not been made aware of it if it had indeed been delivered. Once I was aware that I may have indeed been sent this initial letter, I endeavoured to discover if it had been sent and if not, write to you asking about it. On the evening of the 5th of march I searched at home to see if it had been misplaced. On searching, i discovered a letter amongst other paperwork that had been put into a drawer we do not usually use I assume as part of a tidy up, either by my partner or by our cleaning lady.

The first letter ref: SWRxxx was dated the 6th of december 2024.

2) I would like to firstly apologise for my actions on the 27th of November 2024, i was late and my poor time management meant i had to board the train before purchasing a ticket. My intention was to purchase as soon as I had boarded and it was not to avoid the fare. I was then approached by your officer before I could do so and the report was made. On the day after this report, I still did purchase my ticket and continued with my day. I truly regret this series of events and will be sure to never allow this to happen again.

With this all being said, i would have never ignored your first letter and the offer to pay my penalty fare had i known of its existence in time, so i would kindly ask if you will allow me to pay my penalty fare and ticket cost as per your first letter as well as any additional costs incurred by SWR for the SJPN and that this matter is withdrawn form the court and may be settled.
 
Last edited:

WesternLancer

Veteran Member
Joined
12 Apr 2019
Messages
15,240
Here is my draft. please let me know what you think and of any changes/additions/removals:

Attention: SWR Prosecution Department

I am writing to you regarding case no: xxxxxx URN SWRxxxxx.

I would like to address two points regarding this matter.

1) I received the SJPN on the 26th of february 2025 regarding the report cited by your officer which occurred on the 27th of November 2024.

This at the time was the first information i was aware of regarding this incident and the first ime with contact from the courts. I have since been seeking advice and been informed that the procedure is usually to first receive a letter from SWR regarding the incident with details about the event and possible penalty fares and how to resolve the matter.

Until the 5th of march 2025, I was unaware of this letter and had assumed it was either not sent or i had not been made aware of it if it had indeed been delivered. Once I was aware that I may have indeed been sent this initial letter, I endeavoured to discover if it had been sent and if not, write to you asking about it. On the evening of the 5th of march I searched at home to see if it had been misplaced. On searching, i discovered a letter amongst other paperwork that had been put into a drawer we do not usually use I assume as part of a tidy up, either by my partner or by our cleaning lady.

The first letter ref: SWRxxx was dated the 6th of december 2024.

2) I would like to firstly apologise for my actions on the 27th of November 2024, i was late and my poor time management meant i had to board the train before purchasing a ticket. My intention was to purchase as soon as I had boarded and it was not to avoid the fare. I was then approached by your officer before I could do so and the report was made. On the day after this report, I still did purchase my ticket and continued with my day. I truly regret this series of events and will be sure to never allow this to happen again.

With this all being said, i would have never ignored your first letter and the offer to pay my penalty fare had i known of its existence in time, so i would kindly ask if you will allow me to pay my penalty fare and ticket cost as per your first letter as well as any additional costs incurred by SWR for the SJPN and that this matter is withdrawn form the court and may be settled.
I'd be tempted to truncate much of the stuff in (1) about the initial lost letter as it's all a bit confusing to the reader.

You could say (and it would be truthful) eg 'that you had not received earlier correspondence about this from SWR after the incident' (which you had not because someone in your house had intercepted it and not put it for you to receive and act on) and go on to say that you 'now have the SJPN but are anxious to resolve the matter outside of court if SWR are prepared to sympathetically consider such a request ahead of the court deadline.'

Then go onto the part drafted in (2) with a modest tweak to deal with the bit about the 1st letter.

It's always a good idea to insert a line saying something like 'please be assured I never intended to evade any fare for my journey'
 

Hadders

Veteran Member
Associate Staff
Senior Fares Advisor
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18,145
@WesternLancer has given some good advice in this thread. I'd keep your letter to SWR short and concise, the person reading it needs to know what you're after and won't be interested in excuses.

SWR will probably offer a settlement but expect the admin fee to be higher than normal to reflect their additional time spent dealing with the case.
 

flakmunki

Member
Joined
3 Mar 2025
Messages
6
Location
Surrey
UPDATE:

I sent the email with the changes suggested on Thursday. i got an email back on Friday saying they would accept the settlement!!!

Huge thanks to this forum and especially @WesternLancer .... @Hadders too from the other posts i read before.

Glad this is concluded. Beers on me!
 
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