Urgent intention to prosecute

[nusaybah]

Hello,

Im in a difficult situation and have no clue how to get out of this any advice would be great. I recieved a letter in the post from thameslink regarding an intention to prosecute for fare evasion and am freaking out about this. I expected a fine in the post not potentially going to court over this. For context, I took the train from farringdon to Gatwick airport but chose to buy a ticket from the stop before gatwick instead of from farringdon. I did not tap in at farringdon getting on the thameslink as I was already in the station after switching from the elisabeth line. I know it was wrong but I did not expect this outcome. I'm also worried that from my trainline history they will see that I have done this before (about 2/3 other times). Any tips or advice on how to get out of this situation would be greatly appreciated. I a student and theres no way would not be able to afford a £1000 fine and a criminal record would ruin my whole life.

 

[Fawkes Cat]

Welcome to the forum!

Although this letter is serious and you cannot afford to ignore it, if you write back to the railway they are likely to agree to settling this matter out of court - which will mean that you agree to pay the fare you dodged plus the costs the railway has incurred, and they agree not to prosecute you.

Have a look at some other threads, and you will see that @Hadders gives some excellent advice on what to say: basically
- be honest
- be brief
- be polite
- make it clear that you know you were wrong
- make it clear that you won’t do it again.

If you don’t get in touch with the railway (or if you don’t persuade them to give you an out of court settlement) then they will take you to court, and on what you tell us you will be convicted. This will most likely cost you more than an out of court settlement (although probably not as much as £1000 - that’s the maximum fine so the court can charge less) and as you say will give you a criminal record. That’s not good, but it’s not the end of the world either. There are a few jobs where you must have no criminal record at all, but for most jobs you will have the embarrassment of admitting to the record, but then nothing more to worry about.

 

[ikcdab]

Please try not to worry too much about this. You are clearly guilty so it's best to cooperate with the train company and that will minimise the cost and effect on you.
Write back to them on the line suggested above. Post your draft reply here and you will get good advice. Do not use ai to do this, it results in over the top language. Just write it in your normal voice as if you were talking to the person in the room.
They will likely offer you an out of court settlement.
That will be the anytime single rate for all avoided fares plus around £150 admin fee. So if you have done this 3 or 4 times in total, expect to be charged around £200 in total. That then should be an end to it.
But best to get on and write your letter and post it here for comments.

 

[Hadders]

Welcome to the forum!

You might want to redact the case reference number from the letter you've posted.

Evading your fare is a serious matter and it's right that the train companies take a hard line against it. Thankfully for you GTR are one of the more pragmatic companies to deal with. I suggest you send a short, concise reply to the letter mentioning the following points:

- 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

GTR are usually prepared to offer an administrative settlement (commonly known as an out of court settlement) to people who engage with the process and who haven't come to their attention before. There is no guarantee of this and they are their rights to prosecute you in the magistrates court should they decide to do so.

If you are offered a settlement the amount tends to be around £150 plus the outstanding fare at the full Anytime rate. 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.

For future reference, if your journey starts at a station on the ELizabeth Line you can use Oyster/contactless through to Gatwick Airport.

 

[WesternLancer]

Im in a difficult situation and have no clue how to get out of this any advice would be great. I recieved a letter in the post from thameslink regarding an intention to prosecute for fare evasion and am freaking out about this. I expected a fine in the post not potentially going to court over this.

The posters you often see at stations flagging up Penalty Fares of £100 are not designed for people who make pre-meditated / deliberate fare evasion like choosing to buy a ticket for the last hop of a long journey (short fareing) as per what you did. This is why you have been sent the letter you have, and not sent a letter asking for £100 fine.

They will report your details for investigation so that they can check on line from your ticket buying records to see how often you have done what you did - as they know it's unlikely statistically that you will have been caught on the first occasion.

But if you follow the advice above you can minimize the damage to yourself and future career prospects of a criminal record by co-operating and asking if they will consider settling the matter out of court. Lots of other threads on here where you can have a look at examples of what to do next as well.

 

[nusaybah]

Thank you everyone for your advice. You don't understand how much I appreciate the help. You words have eased my mind massively, I have truly been so depressed about all of this. Any suggestions or corrections would be much appreciated, my drafted letter is as follows:

Hello,

I am writing to appeal the notice that I recieved regarding the incident that occured at 14/02/2024.
Firstly, thank you very much for allowing me the opportunity to appeal my case and I would like to begin with expressing how deeply remorseful I am about this entire incident.

On the day in question, I knowingly bought an incorrect ticket to gatwick airport from an incorrect station to reduce the fare. I take full responsibility for my wrongful actions and am deeply regretful about it. My actions were completely unjustifiable and indefensible and I sincerely apologise for it. I now understand the detrimental implications such actions have on the railway company by shifting the financial burden onto the railway network and other abiding passengers. Furthermore, I am absolutely commited to ensure such actions are never repeated ever again.

I am beyond sorry and will fully cooperate to resolve this incident. I kindly request the opportunity to settle the matter out of court. I have taken the time to reflect and learn from this incident and vow to never make such an irresponsable decision ever again.

I assure you that I now understand the severity of my actions and I am more than willing to pay the outstanding fare as well as any admisitrative costs incurred regarding the matter. Thank you very much for reviewing my appeal and I hope for a positive resolution to the matter.

Kind regards,

Nusaybah

 

[ikcdab]

Please do not use the word "appeal". That is a very specific thing which you have not got to yet. At this stage you are just setting out your side of the issue. So your first paragraph would be better as:

I am writing about the notice that I received regarding the incident that occured on 14/02/2024.
I would like to say how deeply remorseful I am about this entire incident.

At the end of the second para, I think you need to be much clearer that you will not do it again. Instead of "Furthermore, I am absolutely commited to ensure such actions are never repeated ever again." it might be better to say "I will ensure that I always have a valid ticket for all journey i undertake from now on"

and again right at the end remove the word "appeal": "Thank you very much and I hope for a positive resolution to the matter."

Hope this helps.