Multiple Intent to Avoid Fares Investigation

[Kojan89]

Hi - looking for some general advice from this forum as very concerned I am in a pretty bad situation.

I was recently caught travelling without a ticket after tapping in with my bank card at Stratford station. I had travelled from Wickford to Stratford on an overground train with no ticket. I was stopped by a plain clothed greater Anglia inspector who asked me where I had travelled from. I initially panicked and started to lie but then came clean as I began to understand the severity of the situation.
He proceeded to interview me under caution and ask how long I had been travelling on that line and if I had previously travelled without buying a ticket. I am ashamed to say I have travelled multiple times without a ticket and am now very concerned this could go down a prosecution / criminal record route which would see me lose my job and possibly my family. I am completely devastated and completely regret avoiding paying for my journeys. I am still working out from bank statements and the like how many trips I made without a ticket (which will be investigated and I assure I will be honest about) but am certain the costs avoided are in the thousands. I have travelled on the line for 6-8 months on a daily basis.

After the initial panicked I was very co-operative with the staff member and admitted I was completely in the wrong and will never do it again. And that I will be honest with details shared. I gave all my correct details including address and he said the head prosecutor will giving me a phone call within the next 72 hours. He also said this was my first offence, that I have a completely clean record so if I am honest it will not need to go down a court or police route but a matter between myself and the train company (Greater Anglia).
Although I am concerned after they investigate and look into the amount of times I have avoided fares that they will go straight for a prosecution.
I am completely in the wrong and have no excuse for not buying tickets. I moved to a new area and when I started getting the train I got on a couple of times without a ticket due to being in a rush (no excuse) and realised I could get away with it as they were no ticket barriers and hardly ever inspectors in the train. It was opportunist and now someone I completely regret.

I just want to get some opinions on if anyone has come across cases like this before and what I can expect. It is my own fault and karma has caught up with me, but I am absolutely beside myself with panick and worry that this could see me lose me job, receive a criminal record and potentially ruin my life.

Any advice or information is much appreciated.

 

[najaB]

I am ashamed to say I have travelled multiple times without a ticket and am now very concerned this could go down a prosecution / criminal record route which would see me lose my job and possibly my family.

Did you tell the inspector that you had done it multiple times? If so, did you just say "Many times" or give an accurate estimate of how often you had done it?

 

[Kojan89]

Did you tell the inspector that you had done it multiple times? If so, did you just say "Many times" or give an accurate estimate of how often you had done it?

Yes I said I had done it previously on various occasions but did not give an actual figure as I would honestly not know how many without checking back through statements to confirm when I had bought tickets (I have on various occasions bought a ticket covering the whole journey). So I explained to him I would not want to give an estimate figure and would go away and check my bank statements to confirm.

 

[ForTheLoveOf]

Hi - looking for some general advice from this forum as very concerned I am in a pretty bad situation.

I was recently caught travelling without a ticket after tapping in with my bank card at Stratford station. I had travelled from Wickford to Stratford on an overground train with no ticket. I was stopped by a plain clothed greater Anglia inspector who asked me where I had travelled from. I initially panicked and started to lie but then came clean as I began to understand the severity of the situation.
He proceeded to interview me under caution and ask how long I had been travelling on that line and if I had previously travelled without buying a ticket. I am ashamed to say I have travelled multiple times without a ticket and am now very concerned this could go down a prosecution / criminal record route which would see me lose my job and possibly my family. I am completely devastated and completely regret avoiding paying for my journeys. I am still working out from bank statements and the like how many trips I made without a ticket (which will be investigated and I assure I will be honest about) but am certain the costs avoided are in the thousands. I have travelled on the line for 6-8 months on a daily basis.

After the initial panicked I was very co-operative with the staff member and admitted I was completely in the wrong and will never do it again. And that I will be honest with details shared. I gave all my correct details including address and he said the head prosecutor will giving me a phone call within the next 72 hours. He also said this was my first offence, that I have a completely clean record so if I am honest it will not need to go down a court or police route but a matter between myself and the train company (Greater Anglia).
Although I am concerned after they investigate and look into the amount of times I have avoided fares that they will go straight for a prosecution.
I am completely in the wrong and have no excuse for not buying tickets. I moved to a new area and when I started getting the train I got on a couple of times without a ticket due to being in a rush (no excuse) and realised I could get away with it as they were no ticket barriers and hardly ever inspectors in the train. It was opportunist and now someone I completely regret.

I just want to get some opinions on if anyone has come across cases like this before and what I can expect. It is my own fault and karma has caught up with me, but I am absolutely beside myself with panick and worry that this could see me lose me job, receive a criminal record and potentially ruin my life.

Any advice or information is much appreciated.

From what you've described, I don't think there would be any doubt that an offence (or several) under Section 5(3)(a) of the Regulation of Railways Act 1889 is made out.

Now, as the inspector said, the matter can be dealt with in two different ways. The first would be for the train company to proceed with a criminal prosecution under Section 5(3)(a). Below I explain the consequences of that:

• A first conviction under Section 5(3)(a) cannot lead to prison (that is reserved, legally speaking, to a second or subsequent conviction); the usual penalty upon conviction is a fine. There are then the victim surcharge, the train company's costs in investigating the matter, as well as the compensation order, to add on.
• The Sentencing Guidelines suggest that, for an offence of the kind you've described, it is a Category 2 offence (as there is lower culpability and greater harm). The starting point for a Category 2 offence is a Band B fine, which is in the range of 75-150% of your weekly income. In terms of aggravating and mitigating factors, I would say there are no aggravating factors (as you did intend to pay some of the fare by tapping in, even if that is less than the total, correct fare); if you have no previous criminal record and have shown remorse then those are mitigating factors. So it is possible that the fine might be towards the lower end of Band B.
• In terms of a compensation order, the train company might petition for it to be based off the cost of the number of single fares that you have avoided - but this is definitely something you should fight, if it came to it. The correct method of calculating the compensation is the amount you have caused them to lose - and if you had paid the correct fare, you would presumably have had a season ticket, and thus the compensation order must be based on that. A season ticket from Wickford to Stratford (London) is currently £85.80 a week but would have been £83.20 before the 2nd of January this year, so the season ticket would have been calculated on that basis. If you have been evading fares for 8 months, let's say, the season ticket would have costed £2556.00 for that.
• The victim surcharge is likely to be a relatively small amount in comparison to the amount of the season ticket costs - at 10% of the fine, with a minimum of £30 and a maximum of £170. The other financial amount would be the train company's costs in investigating the matter. If they only investigate the particular incident you were reported for (which seems unlikely, given your admission), this would usually be on the order of £80-150. But if they investigate all the cases of suspected evasion, they will inevitably incur far greater costs and those could extend deep into the three figures, if not more (if they involve solicitors/investigators etc.).
• A conviction under Section 5(3)(a) does lead to a criminal record, and remains unspent for 1 year after conviction. You would need to declare this anywhere where you were asked (for a job application etc.). However, after 1 year it would be considered spent and so you would then no longer need to declare it for most purposes. Whilst there may not be an explicit obligation to inform your current employer of a conviction, it may be seen as a serious breach of the fundamental implied duty of trust and confidence that every employment contract is deemed to have - so it is important that you are honest with your manager if it looks like prosecution is inevitable.

If, however, the matter is to be dealt otherwise than through a criminal prosecution, this will usually require an out of Court settlement being agreed to. Below I explain the consequences of that:

• An out of Court settlement can be agreed to on whatever terms you can negotiate with the train company, but ultimately the train company has somewhat of a stronger hand inasmuch as they can prosecute you if you do not agree to a settlement.
• You would likely be liable for at least the cost of the fares evaded and their costs in investigating the matter - but it is possible they will only agree to a settlement where you pay on the basis of using single fares (or day returns). So it's possible a settlement could be more expensive than a prosecution - although of course it wouldn't lead to a criminal conviction.

I hope that the above goes some way towards explaining the process. Note that, there is a time limit of 6 months from the date of any alleged offence to when a prosecution can be brought before the Court (in the case of a 'summary only' offence such as this). Therefore you may be 'in luck' in relation to the earlier part of your evasion, if that is more than 6 months ago. But that is the general sort of timescale which you can expect any investigation, negotiation etc. to take.

 

[island]

The good news is that train companies are usually amenable to settling matters out of court on receipt of the payment for the avoided fares and an amount towards the cost of investigating and dealing with criminals such as yourself. The bad news is it’s not going to be cheap. You say you’ve avoided around £2,000 in fares. Start saving.

 

[Kojan89]

The good news is that train companies are usually amenable to settling matters out of court on receipt of the payment for the avoided fares and an amount towards the cost of investigating and dealing with criminals such as yourself. The bad news is it’s not going to be cheap. You say you’ve avoided around £2,000 in fares. Start saving.

I have got no problem paying back my fares in full - it is the least I would expect following my stupidity. I imagine there will be admin charges on top as well.

 

[ForTheLoveOf]

I have got no problem paying back my fares in full - it is the least I would expect following my stupidity. I imagine there will be admin charges on top as well.

Not administration charges as such, but their costs of investigation (and the term 'of investigation' is often interpreted very widely by TOCs, to include costs that they would have incurred one way or another).

 

[Kojan89]

From what you've described, I don't think there would be any doubt that an offence (or several) under Section 5(3)(a) of the Regulation of Railways Act 1889 is made out.

Now, as the inspector said, the matter can be dealt with in two different ways. The first would be for the train company to proceed with a criminal prosecution under Section 5(3)(a). Below I explain the consequences of that:

• A first conviction under Section 5(3)(a) cannot lead to prison (that is reserved, legally speaking, to a second or subsequent conviction); the usual penalty upon conviction is a fine. There are then the victim surcharge, the train company's costs in investigating the matter, as well as the compensation order, to add on.
• The Sentencing Guidelines suggest that, for an offence of the kind you've described, it is a Category 2 offence (as there is lower culpability and greater harm). The starting point for a Category 2 offence is a Band B fine, which is in the range of 75-150% of your weekly income. In terms of aggravating and mitigating factors, I would say there are no aggravating factors (as you did intend to pay some of the fare by tapping in, even if that is less than the total, correct fare); if you have no previous criminal record and have shown remorse then those are mitigating factors. So it is possible that the fine might be towards the lower end of Band B.
• In terms of a compensation order, the train company might petition for it to be based off the cost of the number of single fares that you have avoided - but this is definitely something you should fight, if it came to it. The correct method of calculating the compensation is the amount you have caused them to lose - and if you had paid the correct fare, you would presumably have had a season ticket, and thus the compensation order must be based on that. A season ticket from Wickford to Stratford (London) is currently £85.80 a week but would have been £83.20 before the 2nd of January this year, so the season ticket would have been calculated on that basis. If you have been evading fares for 8 months, let's say, the season ticket would have costed £2556.00 for that.
• The victim surcharge is likely to be a relatively small amount in comparison to the amount of the season ticket costs - at 10% of the fine, with a minimum of £30 and a maximum of £170. The other financial amount would be the train company's costs in investigating the matter. If they only investigate the particular incident you were reported for (which seems unlikely, given your admission), this would usually be on the order of £80-150. But if they investigate all the cases of suspected evasion, they will inevitably incur far greater costs and those could extend deep into the three figures, if not more (if they involve solicitors/investigators etc.).
• A conviction under Section 5(3)(a) does lead to a criminal record, and remains unspent for 1 year after conviction. You would need to declare this anywhere where you were asked (for a job application etc.). However, after 1 year it would be considered spent and so you would then no longer need to declare it for most purposes. Whilst there may not be an explicit obligation to inform your current employer of a conviction, it may be seen as a serious breach of the fundamental implied duty of trust and confidence that every employment contract is deemed to have - so it is important that you are honest with your manager if it looks like prosecution is inevitable.

If, however, the matter is to be dealt otherwise than through a criminal prosecution, this will usually require an out of Court settlement being agreed to. Below I explain the consequences of that:

• An out of Court settlement can be agreed to on whatever terms you can negotiate with the train company, but ultimately the train company has somewhat of a stronger hand inasmuch as they can prosecute you if you do not agree to a settlement.
• You would likely be liable for at least the cost of the fares evaded and their costs in investigating the matter - but it is possible they will only agree to a settlement where you pay on the basis of using single fares (or day returns). So it's possible a settlement could be more expensive than a prosecution - although of course it wouldn't lead to a criminal conviction.

I hope that the above goes some way towards explaining the process. Note that, there is a time limit of 6 months from the date of any alleged offence to when a prosecution can be brought before the Court (in the case of a 'summary only' offence such as this). Therefore you may be 'in luck' in relation to the earlier part of your evasion, if that is more than 6 months ago. But that is the general sort of timescale which you can expect any investigation, negotiation etc. to take.

Many thanks for taking the time out to respond, this is really useful.
As mentioned above, I have no problem paying back my fares in full and am not looking for easy way out.
Ideally I want to avoid going down a prosecution route for reasons stated above, so I will be counting my lucky stars that the train company is happy to settle out of court.

I imagine they will investigate all of my travelling history from the last 6-8 months considering the information I have given? I will be upfront with the head prosecutor when he calls me on a accurate estimate on the amount of trips I have avoided payment. Will they investigate all of these? If so what kind of timelines am I looking at.

 

[ForTheLoveOf]

Many thanks for taking the time out to respond, this is really useful.
As mentioned above, I have no problem paying back my fares in full and am not looking for easy way out.
Ideally I want to avoid going down a prosecution route for reasons stated above, so I will be counting my lucky stars that the train company is happy to settle out of court.

I imagine they will investigate all of my travelling history from the last 6-8 months considering the information I have given? I will be upfront with the head prosecutor when he calls me on a accurate estimate on the amount of trips I have avoided payment. Will they investigate all of these? If so what kind of timelines am I looking at.

No problem. Indeed it is a question of luck, but history tells us that, somewhat surprising, a number of the private London area TOCs seem amenable to agreeing settlements in the case of repeated commuter fare evasion - e.g. this case, which involved over £43,000 worth of evaded fares. That is not to say a settlement is guaranteed but perhaps the TOC are more likely to agree to one because they know they will get all the money they were originally owed, whereas if they took it to Court they would need to prove the previous travel beyond all reasonable doubt, which would be difficult for anything more than about a week or month back due to the lack of CCTV storage.

In terms of timescales, as I've said the ultimate timescale is 6 months from the date of any alleged offence for them to take it to Court - but equally it could be resolved quicker. Hopefully there is enough time for you to save up enough to pay up a settlement in full (because if you start to ask for payments in instalments they are likely to take it straight to Court).

 

[FenMan]

I have looked today and I estimate I travelled 90-95 days without a ticket.

I imagine they will investigate all of my travelling history from the last 6-8 months considering the information I have given? I will be upfront with the head prosecutor when he calls me on a accurate estimate on the amount of trips I have avoided payment. Will they investigate all of these? If so what kind of timelines am I looking at.

If you travelled 95 days without a ticket over 8 months, that would be an average of 12 days a month. Is that correct?

 

[Kojan89]

Edited

 

[najaB]

I have got no problem paying back my fares in full - it is the least I would expect following my stupidity. I imagine there will be admin charges on top as well.

Keep in mind, the TOC is unlikely to accept any kind of payment plan.

 

[cuccir]

ForTheLoveOf's post is very comprehensive here.

he said the head prosecutor will giving me a phone call within the next 72 hours.

Has the 72 hours passed yet? Did you receive this phone call? There is a strong chance that due to the magnitude of the fare evaded, Greater Anglia might ask you to attend an interview - this seems to be a common practice in more serious accounts. You might chose to have a lawyer or a friend present for this.

While the cost of lawyers is often prohibitive in fare evasion cases, again due to the potential severity of this case you might want to consider looking at engaging one, even at this early stage; certainly, I think it would be a good idea in the event this going to court.

 

[Kojan89]

ForTheLoveOf's post is very comprehensive here.



Has the 72 hours passed yet? Did you receive this phone call? There is a strong chance that due to the magnitude of the fare evaded, Greater Anglia might ask you to attend an interview - this seems to be a common practice in more serious accounts. You might chose to have a lawyer or a friend present for this.

While the cost of lawyers is often prohibitive in fare evasion cases, again due to the potential severity of this case you might want to consider looking at engaging one, even at this early stage; certainly, I think it would be a good idea in the event this going to court.

I believe the interview was conducted by the officer who stopped me - unless you are referring to a more formal interview to occur further down the line?

 

[najaB]

I believe the interview was conducted by the officer who stopped me - unless you are referring to a more formal interview to occur further down the line?

That is highly probable in a case like this.

 

[Gareth Marston]

No problem. Indeed it is a question of luck, but history tells us that, somewhat surprising, a number of the private London area TOCs seem amenable to agreeing settlements in the case of repeated commuter fare evasion - e.g. this case, which involved over £43,000 worth of evaded fares. That is not to say a settlement is guaranteed but perhaps the TOC are more likely to agree to one because they know they will get all the money they were originally owed, whereas if they took it to Court they would need to prove the previous travel beyond all reasonable doubt, which would be difficult for anything more than about a week or month back due to the lack of CCTV storage.

In terms of timescales, as I've said the ultimate timescale is 6 months from the date of any alleged offence for them to take it to Court - but equally it could be resolved quicker. Hopefully there is enough time for you to save up enough to pay up a settlement in full (because if you start to ask for payments in instalments they are likely to take it straight to Court).

The TOC's are in a strong position here - they know those worried about a criminal conviction will pay up and they'll get the £ owed and avoid all the hassle & costs of taking someone to court. Often London area serial fare dodgers are well paid individuals (certainly compared to the regions).

 

[Kojan89]

I have been advised I have been issued an MG11.

I imagine I will receive some form of letter with regards to next steps?

 

[najaB]

I imagine I will receive some form of letter with regards to next steps?

I would expect so, yes.

 

[gray1404]

Who advised you an MG11 has been issued?

 

[Kojan89]

Who advised you an MG11 has been issued?

IRCAS, the company operating on behalf of GA

 

[gray1404]

So you've received some correspondence from them?

 

[Kojan89]

Can anyone advise whether it would be a good idea to reach out directly to the train company via letter ASAP saying I am deeply regretful for my action and have learnt my lessons , first offence and will happily pay the avoided fares and any additional charges in full as an out of court settlement.

Or wait untill I receive correspondence from them?

 

[ForTheLoveOf]

Can anyone advise whether it would be a good idea to reach out directly to the train company via letter ASAP saying I am deeply regretful for my action and have learnt my lessons , first offence and will happily pay the avoided fares and any additional charges in full as an out of court settlement.

Or wait untill I receive correspondence from them?

It's always best to wait until you receive correspondence from them.

 

[gray1404]

It's always best to wait until you receive correspondence from them.

Agreed

 

[Kojan89]

Just to update:
I did not receive the aforementioned phone call from head prosecuter that was meant to happen within 72 hours. Now been well over that period.

I'm guessing I will receive corresponding letter in the post as per usual process.

 

[Kojan89]

Update:

I received a brief phone call from one of the Revenue Protection team where it was confirmed, due to my compliance with the inspector when I was stopped and my willingness to resolve the matter, along with no previous offense history, that I was eligible for an out of court settlement.

This was then followed up by a comprehensive email outlining more around the above and some questions around my offense.

In short, we quickly came to an agreement to settle out of court with me fully reimbursing for the missed fares plus admin charges.

I must say I am relieved and grateful and it was dealt with very professionally by the train company. I will not be making this mistake again and certainly a wake up call for me.

 

[najaB]

In short, we quickly came to an agreement to settle out of court with me fully reimbursing for the missed fares plus admin charges.

Glad to hear that, thanks for letting us know.

 

[gray1404]

Can I ask what amount they were able to agree with you and what this consisted of? i.e. how much of unpaid fares and how much was to cover their costs in dealing with the matter?

 

[najaB]

Can I ask what amount they were able to agree with you and what this consisted of? i.e. how much of unpaid fares and how much was to cover their costs in dealing with the matter?

Assuming, of course, that @Kojan89 is at liberty to disclose the terms of the settlement.