West Midlands fare evasion - potential prosecution

Hi all. I wanted to seek advice on a potential posecution I am waiting for.

Yesterday, I was accused of evading a train fare 3 stops after where I actually got off. There is a record of it happening 10 times over 6 months. Obviously, I want to settle this out of court and will make sure to be more vigilant with my bookings. I am awaiting a letter to come through and have been anxious about it since happening. The total I am being claimed to 'owe' would probably be approx £30. I have no criminal record and this would be my first run in with the law.

I am wondering if I should get solicitors involved as I want to aim to settle this out of court. If so, what solicitors around the West Midlands would be recommended? How long should I expect the letter to take?

Thanks all.

If it was only yesterday then you will have to wait (up to 6 months, but usually only a few weeks) for their letter. There isn't anything you can really do until you know exactly what the offence is (we can but guess).

IN the meantime, please tell us exactly where you travelled from, the destination of your ticket, the type of ticket, and also the station where you got off.

Usually the TOC will offer a settlement, which is the standard single fare to wherever you got off plus an admin fee of approx £100. But they are well within their rights to take you straight to court, especially if there is significant evidence of repeat offending - you don't have a right to a settlement.

Sadly it's just a case of waiting and not repeating. Post the letter once you receive it.

MuffinMan said:

Yesterday, I was accused of evading a train fare 3 stops after where I actually got off.

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This is confusing. Please be more explicit as to what happens in terms of what ticket you held (from where, to where), and the journey you actually took.

MuffinMan said:

There is a record of it happening 10 times over 6 months. Obviously, I want to settle this out of court and will make sure to be more vigilant with my bookings.

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Again, can you explain in more detail. "Being more vigilant" suggests it was a mistake. But happening 10 times points more towards deliberate action to avoid the correct fare.

MuffinMan said:

I am wondering if I should get solicitors involved as I want to aim to settle this out of court.

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Almost certainly not. Most of these cases can be settled out of court, for a cost, without involving a solicitor, which is likely to cost you several hundred pounds, and possibly make no difference to the eventual outcome.

Meanwhile, make sure you don't come to the railway's attention for any reason, and that includes any train operating company, and in particular make sure any railcard is in date and you always buy a ticket before you set foot on a train - even if buying on an App. You don't want anything else to prejudice your chances of getting an out of court settlement.

West Mildands Trains are generally one of the better train companies to deal with when it comes to this sort of thing.

What happens next is they will send you a letter in the next few weeks asking for your version of events before deciding how to proceed. The letter will appear quite threatening but that's the normal template used to get people to take notice of it.

I suggest you send a short, concise reply mentioning the following:

- 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

West Midlands Trains 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. We cannot guarantee this and the train company is within their rights to prosecute you in the magistrates court should they choose to do so.

My view is there's no need to involve a solicitor at this point. They can often speed up a case but the solicitors costs are often considerable.

Out of court settlements typically cost around £150 plus the fare avoided. A settlement might appear to be a fine, but technically it isn't (only a court can impose a fine as a punishment upon conviction) and you won't have a criminal record as a result of accepting one.

Feel free to post a copy of the letter when it arrives (but do redact any personal details before doing so) along with your draft reply and forum members will be happy to proof read it for you.

Thank you for everyone's help! It's settled my nerves a bit. I will wait until I receive the letter and go from there.

MuffinMan said:

Thank you for everyone's help! It's settled my nerves a bit. I will wait until I receive the letter and go from there.

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Have you heard anything more yet?

jbi123 said:

Have you heard anything more yet?

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If you are after advice please start your own thread. It is forum policy to only have one case per thread so that messages do not get mixed, and every case is different, no matter how similar they may appear at first glance.

jbi123 said:

Have you heard anything more yet?

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@MuffinMan seems not to have logged back on the forum for over a month.

Haywain said:

If you are after advice please start your own thread. It is forum policy to only have one case per thread so that messages do not get mixed, and every case is different, no matter how similar they may appear at first glance.

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Cheers mate I have made my own thread it is waiting approval it says

Mcr Warrior said:

@MuffinMan seems not to have logged back on the forum for over a month.

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Thanks mate I have made my own thread and it’s waiting approval if you have any advice please respond to the thread