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I made a bit of a stupid decision in January as I was caught with the wrong ticket. I was in a financial pickle and couldn't afford the full fare from St Albans to Farringdon, so bought a return to Radlett instead as I could just afford that and it would mean I could make it into work as it's possible to get straight on the tube from Farringdon without going through the barriers. On the return journey I was caught by an official and completely owned it. Due to the finances though I couldn't pay the fine and subsequently I have received this notice of intention to prosecute. It's the first and only time I've done this and certainly wont be doing it again due to the embarrassment then and today.
Any advise/help would be amazing as I don't want to have to go to court or to get a criminal record.
It’s fine to mention that this is the very first time you’ve done this, but the Farringdon trick is well known and the company may decide to audit your previous transactions. Would they find any other short tickets to Radlett if they do so?
I’d cut out the bit about making payment - this is a bit presumptuous, as the train company is “supposed” to prosecute you and it’s in their gift to offer an out of court settlement.
Remove the first sentence as well; it’s obsequious and it’s they who have asked for your comments, so there is no need to hope they will “take a moment”. (They’re also not your grandma! This is a very boring company which doesn’t care)
It’s fine to mention that this is the very first time you’ve done this, but the Farringdon trick is well known and the company may decide to audit your previous transactions. Would they find any other short tickets to Radlett if they do so?
I’d cut out the bit about making payment - this is a bit presumptuous, as the train company is “supposed” to prosecute you and it’s in their gift to offer an out of court settlement.
Remove the first sentence as well; it’s obsequious and it’s they who have asked for your comments, so there is no need to hope they will “take a moment”. (They’re also not your grandma! This is a very boring company which doesn’t care)
Thats fair enough about the removals of the other info. Would it be better to remove the costs and stuff I put on there?On other threads it suggested they don't car for that information. So is it just a bad idea to put that in there and make it worse?
Thats fair enough about the removals of the other info. Would it be better to remove the costs and stuff I put on there?On other threads it suggested they don't car for that information. So is it just a bad idea to put that in there and make it worse?
Sorry, didn't have many responses so I removed and made edits.
This is the new version I've currently got.
"Dear Prosecution Manager,
I am writing in response to the notice I received regarding a potential court
summons concerning my travel on 15 January 2025. This letter is to apologise
for my actions and inform you with what happened.
On that day, I was faced with a difficult financial situation and I could not
afford the normal fare to London. In a panic to reach work, I purchased a ticket
for a shorter fare. Looking back, I realise that this was the wrong decision, and I
regret not seeking alternative options. I understand that fare evasion,
regardless of circumstances, is unacceptable, and I am deeply ashamed of my
actions. I want to assure you that I have learned a valuable lesson from this
experience, and it will not happen again.
I fully respect Thameslink's rules and the necessity of train fare compliance. I
can assure you it has not happened since and will not happen again in the
future. I apologise for what I did and the administrative costs this has incurred.
I am genuinely remorseful and wish to make amends for my actions.
I would like to ask if Govia Thameslink Railways would kindly consider settling
this matter without the need for court action? I am willing to pay the valid
train fare and any associated admin costs I have created.
I regret my actions and truly appreciate your time in reviewing my request.
Thank you for your consideration.
Yours sincerely,"
Any thoughts on the current version would be great
I am in need of some help as I was given some advice from a friend who is a solicitor and suggested I change the letter completely to this.
"Dear Prosecutions Manager,
I am writing in response to the notice regarding my travel on 15 January. I would like to
clarify that this was an honest mistake. It was a genuine error while traveling, and I
sincerely regret any inconvenience caused.
When approached by the Revenue Team, I fully cooperated and provided my real name
and address. As you are aware, under Section 130 of the Railways Act 1993, the only
criminal offence in penalty fare cases is refusing to provide a name and address or giving
false information. I did neither, and therefore, this remains a civil matter.
I am prepared to settle this issue in accordance with the Railways (Penalty Fares)
Regulations 2018 (“RPFR 2018”). I am willing to pay a penalty fare within the 21-day
limit as afforded under Regulations 5 and 9. However, I have yet to receive a penalty
fare notice that meets the requirements outlined in Schedule 1, Part 1 of the RPFR 2018.
I look forward to receiving this notice so I can resolve the matter appropriately.
If necessary, I am fully prepared to follow the proper dispute resolution process,
including assessment by the independent panel of London TravelWatch and Transport
Focus, as provided under Regulations 14-18 of the RPFR 2018.
Should you choose to escalate this matter to the magistrates' court, I will fully defend
my case and counterclaim for damages, harassment, and legal costs. However, I believe
this can be resolved fairly and efficiently without the need for legal proceedings.
I look forward to receiving the appropriate penalty fare notice at your earliest
convenience so I can bring this matter to a close.
Yours sincerely,"
Unfortunately I have now received a letter stating they wish to proceed with my case. Is there anything I can do to stop this and settle this out of court. I am so terrified that I will be convicted and that will result in me loosing my job if convicted. This was a mistake and I've learnt from it, not done it since and just want this to go away and I can live my life. Should I call them? Or is there an email I can send to sort this out of court. What do I do?
1. Did you send a reply to them based on your 29 March draft (or similar)? If so, when did you send it?
2. can you upload a copy of the latest letter you’ve received, redacting any personal information. When did you receive it?
Your friend’s draft response is nonsense. Ignore it complete. It mostly refers to Penalty Fares. You were not issued with a penalty fare, and you’re not going to be issued with one (they can only be issued at the time you are caught). So that draft is completely irrelevant and inaccurate.
I am in need of some help as I was given some advice from a friend who is a solicitor and suggested I change the letter completely to this.
"Dear Prosecutions Manager,
I am writing in response to the notice regarding my travel on 15 January. I would like to
clarify that this was an honest mistake. It was a genuine error while traveling, and I
sincerely regret any inconvenience caused.
When approached by the Revenue Team, I fully cooperated and provided my real name
and address. As you are aware, under Section 130 of the Railways Act 1993, the only
criminal offence in penalty fare cases is refusing to provide a name and address or giving
false information. I did neither, and therefore, this remains a civil matter.
I am prepared to settle this issue in accordance with the Railways (Penalty Fares)
Regulations 2018 (“RPFR 2018”). I am willing to pay a penalty fare within the 21-day
limit as afforded under Regulations 5 and 9. However, I have yet to receive a penalty
fare notice that meets the requirements outlined in Schedule 1, Part 1 of the RPFR 2018.
I look forward to receiving this notice so I can resolve the matter appropriately.
If necessary, I am fully prepared to follow the proper dispute resolution process,
including assessment by the independent panel of London TravelWatch and Transport
Focus, as provided under Regulations 14-18 of the RPFR 2018.
Should you choose to escalate this matter to the magistrates' court, I will fully defend
my case and counterclaim for damages, harassment, and legal costs. However, I believe
this can be resolved fairly and efficiently without the need for legal proceedings.
I look forward to receiving the appropriate penalty fare notice at your earliest
convenience so I can bring this matter to a close.
Yours sincerely,"
Unfortunately I have now received a letter stating they wish to proceed with my case. Is there anything I can do to stop this and settle this out of court. I am so terrified that I will be convicted and that will result in me loosing my job if convicted. This was a mistake and I've learnt from it, not done it since and just want this to go away and I can live my life. Should I call them? Or is there an email I can send to sort this out of court. What do I do?
Is your friend really a solicitor and do they have experience in the law regarding rail fares? This is a highly inaccurate letter; the insistence that this is a civil matter is completely incorrect. Almost every sentence is either presumptive or factually misguided.
This is one of the most ill-advised and combative responses I’ve seen, and has the temerity to open with a clearly obvious lie. You are guilty of an offence and your letter is doubling down on it and threatening the company (reminder: the victim here is them).
I am in need of some help as I was given some advice from a friend who is a solicitor and suggested I change the letter completely to this.
"Dear Prosecutions Manager,
I am writing in response to the notice regarding my travel on 15 January. I would like to
clarify that this was an honest mistake. It was a genuine error while traveling, and I
sincerely regret any inconvenience caused.
When approached by the Revenue Team, I fully cooperated and provided my real name
and address. As you are aware, under Section 130 of the Railways Act 1993, the only
criminal offence in penalty fare cases is refusing to provide a name and address or giving
false information. I did neither, and therefore, this remains a civil matter.
I am prepared to settle this issue in accordance with the Railways (Penalty Fares)
Regulations 2018 (“RPFR 2018”). I am willing to pay a penalty fare within the 21-day
limit as afforded under Regulations 5 and 9. However, I have yet to receive a penalty
fare notice that meets the requirements outlined in Schedule 1, Part 1 of the RPFR 2018.
I look forward to receiving this notice so I can resolve the matter appropriately.
If necessary, I am fully prepared to follow the proper dispute resolution process,
including assessment by the independent panel of London TravelWatch and Transport
Focus, as provided under Regulations 14-18 of the RPFR 2018.
Should you choose to escalate this matter to the magistrates' court, I will fully defend
my case and counterclaim for damages, harassment, and legal costs. However, I believe
this can be resolved fairly and efficiently without the need for legal proceedings.
I look forward to receiving the appropriate penalty fare notice at your earliest
convenience so I can bring this matter to a close.
Yours sincerely,"
Unfortunately I have now received a letter stating they wish to proceed with my case. Is there anything I can do to stop this and settle this out of court. I am so terrified that I will be convicted and that will result in me loosing my job if convicted. This was a mistake and I've learnt from it, not done it since and just want this to go away and I can live my life. Should I call them? Or is there an email I can send to sort this out of court. What do I do?
If you sent this I would suggest that was a mistake. You’re essentially telling them to issue something (a penalty fare) that they can not now do.
Your solicitor friend perhaps misunderstood the circumstances you are in.
Your original draft was more appropriate and in my view more likely to have achieved an out of court settlement.
You can’t ring them to discuss this.
I’m not sure how to untangle this. Maybe consider engaging a specialist solicitor who knows about this area of rail ticket law is an option you should now actively consider. Unfortunately that will probably cost c£600 in solicitors fees however.
Oh dear. I’m not surprised that the letter you sent them did not get the response you were looking for.
I agree with @WesternLancer that the best way is probably to engage a solicitor specialising in railway fare evasion matters. This will not be cheap but I think this is beyond a DIY approach now.
I am in need of some help as I was given some advice from a friend who is a solicitor and suggested I change the letter completely to this.
"Dear Prosecutions Manager,
I am writing in response to the notice regarding my travel on 15 January. I would like to
clarify that this was an honest mistake. It was a genuine error while traveling, and I
sincerely regret any inconvenience caused.
When approached by the Revenue Team, I fully cooperated and provided my real name
and address. As you are aware, under Section 130 of the Railways Act 1993, the only
criminal offence in penalty fare cases is refusing to provide a name and address or giving
false information. I did neither, and therefore, this remains a civil matter.
I am prepared to settle this issue in accordance with the Railways (Penalty Fares)
Regulations 2018 (“RPFR 2018”). I am willing to pay a penalty fare within the 21-day
limit as afforded under Regulations 5 and 9. However, I have yet to receive a penalty
fare notice that meets the requirements outlined in Schedule 1, Part 1 of the RPFR 2018.
I look forward to receiving this notice so I can resolve the matter appropriately.
If necessary, I am fully prepared to follow the proper dispute resolution process,
including assessment by the independent panel of London TravelWatch and Transport
Focus, as provided under Regulations 14-18 of the RPFR 2018.
Should you choose to escalate this matter to the magistrates' court, I will fully defend
my case and counterclaim for damages, harassment, and legal costs. However, I believe
this can be resolved fairly and efficiently without the need for legal proceedings.
I look forward to receiving the appropriate penalty fare notice at your earliest
convenience so I can bring this matter to a close.
Did you actually send this letter? If you did, I think that GTR will be very happy to see you in court and you will have a hard job convincing them otherwise.
Thank you all for you responses, I did send this letter and @alholmes I unfortunately didn't send my initial draft. it was suggest it would incriminate myself and worse. I can see now that I shouldn't have listen to his response and should have sent my original letter.
Is there anything I can do myself, can I contact them again to redact the first letter and apologise further and essentially beg to not take this to court?
I truly don't want this go there, I've never had this happen before and don't want to be taken this way.
On the basis of the letter from GTR in post #13 they haven't yet sent the matter to court, although that's now clearly their intention.
That means that you now have a short window in which you might be able to get them to change their mind. As suggested above, you could do worse than employing a solicitor with experience of railway law, but that will of course cost some hundreds of pounds of money. Or maybe a very grovelling letter (which would need to apologise for the fare dodging, reassure GTR that you would not do it again, offer to cover the fares they have lost and the expenses they have incurred AND make it clear that your previous letter was a mistake and you didn't mean it) might do the trick.
You should also think about what a criminal conviction would mean to you. There are some jobs where employees need to keep a completely clean record - and if you have one of those then it could be very important to avoid court. But in our experience, most jobs are not too worried about minor criminal convictions like getting caught fare dodging. So try to do some research (without landing yourself in a mess with your employer - it would be better to talk to your union rep if you are a union member). Being convicted won't be cheap, and admitting that you have a criminal record can be embarrassing - but those are the main consequences.
It would have to be made clear that the previous letter was a result of what is now understood to be very poor advice. Just saying it wasn't meant won't cut it.
If you do take on a specialist solicitor, I hope your friend might feel duty-bound to contribute to digging you out of the hole they have made for you.
Thank you all for you responses, I did send this letter and @alholmes I unfortunately didn't send my initial draft. it was suggest it would incriminate myself and worse. I can see now that I shouldn't have listen to his response and should have sent my original letter.
Is there anything I can do myself, can I contact them again to redact the first letter and apologise further and essentially beg to not take this to court?
I truly don't want this go there, I've never had this happen before and don't want to be taken this way.
I don’t think you can get out of this now by yourself. You should look at instructing a specialist fare evasion solicitor at this point - Manak comes highly recommended - who can assist in writing a mitigation letter to try to prevent the prosecution. It will cost you up to the better part of £1000, however.
It cannot be understated how bad the previous letter was; so do take the advice of a proper solicitor who knows the area well.
As others have said, the advice you received was terrible. You were caught red handed breaking the law, and GTR has the evidence to convict you. Bluntly, it will be a slam dunk case in court. Why on earth they would suggest that you say it was an honest mistake (it wasn't), that you want to go to a dispute resolution process, and that you will defend yourself and seek damages for harassment is beyond me. It's farcical.
You might like to show them this thread and ask for their comments, and as has also been said, a contribution towards getting some proper legal advice to try and get you out of the very big hole they have advised you to dig for yourself.
I did question the professional aspect of giving such bad advice. As an Actuary, I have always had to be extremely circumspect in terms of any advice I give friends and family. Even though it is informal and unremunerated, my profession would take a very poor view if such advice was bad and particularly if outside my scope of competence (as seems to have been the case here), as ultimately that individual would be relying on my standing as an Actuary in acting on that advice.
I am in need of some help as I was given some advice from a friend who is a solicitor and suggested I change the letter completely to this.
"Dear Prosecutions Manager,
I am writing in response to the notice regarding my travel on 15 January. I would like to
clarify that this was an honest mistake. It was a genuine error while traveling, and I
sincerely regret any inconvenience caused.
When approached by the Revenue Team, I fully cooperated and provided my real name
and address. As you are aware, under Section 130 of the Railways Act 1993, the only
criminal offence in penalty fare cases is refusing to provide a name and address or giving
false information. I did neither, and therefore, this remains a civil matter.
I am prepared to settle this issue in accordance with the Railways (Penalty Fares)
Regulations 2018 (“RPFR 2018”). I am willing to pay a penalty fare within the 21-day
limit as afforded under Regulations 5 and 9. However, I have yet to receive a penalty
fare notice that meets the requirements outlined in Schedule 1, Part 1 of the RPFR 2018.
I look forward to receiving this notice so I can resolve the matter appropriately.
If necessary, I am fully prepared to follow the proper dispute resolution process,
including assessment by the independent panel of London TravelWatch and Transport
Focus, as provided under Regulations 14-18 of the RPFR 2018.
Should you choose to escalate this matter to the magistrates' court, I will fully defend
my case and counterclaim for damages, harassment, and legal costs. However, I believe
this can be resolved fairly and efficiently without the need for legal proceedings.
I look forward to receiving the appropriate penalty fare notice at your earliest
convenience so I can bring this matter to a close.
Yours sincerely,"
Unfortunately I have now received a letter stating they wish to proceed with my case. Is there anything I can do to stop this and settle this out of court. I am so terrified that I will be convicted and that will result in me loosing my job if convicted. This was a mistake and I've learnt from it, not done it since and just want this to go away and I can live my life. Should I call them? Or is there an email I can send to sort this out of court. What do I do?
I am really struggling to believe that your friend is a qualified solicitor
Their knowledge of the relevant laws seems to be sorely lacking and they don't seem to have done the slightest bit of research
That's probably the worst letter I've ever seen on the forum, by some distance. And there have been some very poor letters.
I would agree that you have now dug a very big hole for yourself - though you may still have a chance of resolving this without professional assistance if you write back immediately apologising that you received poor advice, now understand the situation and say something along the lines of your previous draft.
It might not work, but possibly worth a go before spending hundreds on a solicitor you might not need (and could still employ if they don't offer to settle following another letter).
On the basis of the letter from GTR in post #13 they haven't yet sent the matter to court, although that's now clearly their intention.
That means that you now have a short window in which you might be able to get them to change their mind. As suggested above, you could do worse than employing a solicitor with experience of railway law, but that will of course cost some hundreds of pounds of money. Or maybe a very grovelling letter (which would need to apologise for the fare dodging, reassure GTR that you would not do it again, offer to cover the fares they have lost and the expenses they have incurred AND make it clear that your previous letter was a mistake and you didn't mean it) might do the trick.
You should also think about what a criminal conviction would mean to you. There are some jobs where employees need to keep a completely clean record - and if you have one of those then it could be very important to avoid court. But in our experience, most jobs are not too worried about minor criminal convictions like getting caught fare dodging. So try to do some research (without landing yourself in a mess with your employer - it would be better to talk to your union rep if you are a union member). Being convicted won't be cheap, and admitting that you have a criminal record can be embarrassing - but those are the main consequences.
I agree this might be worth a try - GTR have a reputation on being reasonable about these things, if the 'offender' behaved reasonably - and the problem is they will see the reply sent as not 'reasonable' - but if @Cclee can only afford to do this themselves (ie without legal help) then this would be the approach to take I would think, as a 'last ditch' effort (plus the excellent added point by @Haywain in post #15)
If the OP can afford legal help then I would suggest asking for a quote from Manak Solicitors. I have no connection with the firm nor have ever used them.
Manak Solicitors: Skilled legal defence for fare evasion cases. Rely on our experienced team to protect your rights, challenge penalties, and guide you through the process.
manaksolicitors.co.uk
There was a recent case on here that the railway company concerned (not GTR but I think it was Northern Trains) were refusing to settle but Manak manged to secure a good outcome for the client despite things having gone in the wrong direction previously.
This was the case concerned - the posts towards the end give an idea of the sum required
Will I get a criminal record? If you're convicted, yes.
www.railforums.co.uk
and post #8 of this one may be informative - but it should be noted that cases involving TfL are always more difficult and this likely to incur more legal work / fees
Update 02/04/2025: Resolved - Issued a warning; contacted Manak Solicitors to represent me. Hello, This post is to let others know what happens from my experience, and any potential insights other members could perhaps provide. I am new to the forums, but after some initial research, I have...
www.railforums.co.uk
The first call was free.
It was £125 for the consultation.
£900 for the representation/letter to TFL.
This is including VAT.
In concerns for the price.
Manak offered me 3 different packages which were essentially the level of communication throughout the process.
All 3 include the representation/letter, the updates and any queries you have are what vary for each package.
The range is £600 - £1,200.
To give your friend the benefit of the doubt I can only assume they believed / did not check / misunderstood from what you told them that the matter involved a Penalty Fare which it didn't, and then gave advice not really relevant to the situation you were in. Perhaps a good friend might now feel they could help you with the costs involved in untangling this. But if they are a good friend, don't lose a friendship over it if you can avoid that.
== Doublepost prevention - post automatically merged: ==
To forum commentators more generally I've just re -read the opening post and notice this sentence
Due to the finances though I couldn't pay the fine and subsequently I have received this notice of intention to prosecute.
I also don't think any original letters or documents were uploaded by @Cclee (or if so they are not there now) for us to study exact wording
It's somewhat water under the bridge now but what might this 'fine' have originally been?
- A Penalty Fare issued on the day at the ticket gate?
or
- some form of out of court settlement offer sent to the OP that they did not then pay?
or
- something else.
are we being harsh on the advice given by the OP's friend if a Penalty Fare was in fact initially issued? I think maybe some additional context and info might be of value here.
although of course as to where things now are 'we are where we are'.
@Cclee - you may have other things to focus on now to sort this out - but could you tell us more about what exactly happened when you were stopped and questioned at the time of travel, and what paperwork you received then (if any), and subsequently?
I don’t think so, because the letter they wrote suggests the OP had not received any penalty fare and were happy to now receive one (despite anyone familiar with the law knowing one cannot be issued retrospectively).
That’s probably the the worst letter anyone has ever sent. I cannot believe it came from a solicitor.
I don’t think so, because the letter they wrote suggests the OP had not received any penalty fare and were happy to now receive one (despite anyone familiar with the law knowing one cannot be issued retrospectively).
Yes, I can see that that phrasing wasn't good, indeed. But I'm now wondering what the OP actually did receive originally (my hunch is a Report for Investigation for travelling without a valid ticket for their journey) but would be interested to know for sure.
I am really struggling to believe that your friend is a qualified solicitor
Their knowledge of the relevant laws seems to be sorely lacking and they don't seem to have done the slightest bit of research
But as I noted earlier, regulated professionals shouldn’t give advice outside their area of expertise even on an informal unpaid basis. If that’s the case here I think it proves why.
Maybe but still astonishing and negligible experience of common sense
My understanding is that the OP received a letter from GTR stating an intention to prosecute
GTR presumably stated the usual either bylaw or RORA
What sort of solicitor dismisses GTRs threats without any research or comment but goes off on a tangent about a civil matter that has no relevance?
I agree wholeheartedly with John R
Mind you I am on the committee of a club that rents rooms from a community center
The community center wanted to increase our rent by £300 per year which had not been increased for 20 years and our committee thought was perfectably reasonable
The chairman of the CC claims to be an ex lawyer
What approach did they take?
a) Simple ask us if we would agree to the increase
b) send us all sorts of nonsense texts claiming that the center might have to close if we did not agree to the increase which took up a load of our time and caused a load of bad feeling and unnecessary worry
Tell us that the £300 was negotiable
I’d be very surprised if Manak or any other solicitor could convince them to do anything other than proceed with the prosecution.
You cannot do anything other than plead guilty, because you are. Any not guilty plea will just result in a higher fine due to the lack of reduction from early guilty plea.
GTR have no reason not to progress and following that dreadful letter, they absolutely will do.
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