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Multiple intentional fare evasions - Southeastern

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Stinkmeiner

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I feel so stupid about it now, but I recently got caught for evading fares over a period of just over 3 months for roughly 2-3 times a week, with me using cheaper and incorrect tickets to pay less for my travel. I admitted everything and I received my provisional prosecution letter in the post today. I've already typed up a letter explaining the following:

  1. I understand what I did was wrong and I make no excuses
  2. I've been doing it since January until being caught a few weeks ago
  3. I was misguided and selfish in thinking what I did was victimless and have since begun paying for full fare tickets
  4. I would like to settle out of court and am prepared to pay any amount they deem fare
  5. I believe a criminal conviction will harm my career and would like a chance to prove I've learned my lesson
This is the first time I've really done something like this and I'm filled with regret over it. I was just wondering before I send this off if there's anything else I should turn my attention to and if it's likely I'll be convicted for this?

Thank you.
 
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Hadders

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Welcome to the forum!

Which train company was this with? I think you've gt the main points covered in your letter but feel free to post the draft here and members will be happy to proof read ir for you.
 

Haywain

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Welcome to the forum!

Which train company was this with? I think you've gt the main points covered in your letter but feel free to post the draft here and members will be happy to proof read ir for you.
In the thread title it says Southeastern.
 

Wethebest838

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You seem to know what you are doing with the letter!

Feel free to post your full draft then members can advise.
 

some bloke

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I believe a criminal conviction will harm my career
If you only received the letter yesterday, you have some time to think, and get advice, before replying.

It wouldn't be surprising if the company is much more interested in prosecuting for repeated offences.

Have you found out exactly what relevant employers and regulators need to be told about criminal charges and/or convictions? Relevant information may be in your employment contract and a professional regulator's website.

Have you researched how employers' and regulators' future decisions may be influenced by convictions - about typical attitudes?

Do you know what the company is now entitled to charge as fares - what specifically was incorrect about the tickets?

If they're relevant to you, a union or student union may be able to help, perhaps including some free legal advice.

For some people it's worth paying a solicitor. One possible reason is that train companies might react more favourably to a letter from a solicitor even with substantially the same case being put to them, just because a letter from a solicitor looks more serious.

If this seems appropriate, you can phone a solicitor's office to ask if they'll offer a free initial consultation.

Also, there may be a local law clinic/law centre which could help - check if they deal with criminal matters.
 
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Stinkmeiner

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Hi all,

Thanks for the speedy response. Here's the letter I drafted:

----

To whom it may concern,

I understand that my actions were wrong and I make no excuses for them. Since January, I have intentionally evaded paying fares by buying incorrect tickets. I have done so approximately 2-3 days a week while travelling to my new place of work. I was as open and frank about this as possible when discussing it with your fare officer and I am deeply sorry.

What I did was categorically against the rules, regardless of motivation. My belief that it was a “victimless” offence was misguided, selfish and ignorant. Subsequent research into the matter has proven that to me. Since this incident, I have paid for full-fare tickets and a railcard and plan to continue to do so going forward. I have never broken a law before and I do not plan to do so again.

I humbly request an opportunity to settle this matter out of court.

I am willing to pay whatever amount you think is fair to do so, including any administrative costs or restitution in an immediate lump sum if possible.

I wish to rectify my poor judgement and be a continued and legitimate Southeastern customer for many years to come. Please give me a chance to prove that these recent, desperate actions do not define me. I have worked hard to secure a future for myself and I believe a criminal conviction would seriously impact my career.

Sincerely,
XXX
 

KeithP

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I would suggest that "Dear Sirs" would be more appropriate than "To whom it may concern".
 

davp

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Makes no odds.

The correct salutation is Dear Sirs when writing a formal letter to an organisation, rather than to an individual.
It's not incorrect, "Dear Sirs" is dated and awkward. "Dear Southeastern" might be better.
 

Blinkbonny

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Well asked! It seems fine to me.

No doubt if anybody has anything to add they will do so in the cold light of day.

Good luck!
 

30907

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Belatedly coming back to the letter:

I am not sure that the last sentence referring to your future career prospects will cut much ice - they have heard it all before.

Otherwise you have covered all the basics.

PS I did wonder if someone would pick me up on potential non-binary letter- readers :) If the letter you received is from a named person, you can reply to them.
 

Fawkes Cat

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I would suggest that "Dear Sirs" would be more appropriate than "To whom it may concern".
(etc.)

I need to 'out' myself as someone who works in compliance in a non-railway organisation. And while it's possible that it's different in the railway, I only glance at the salutation on letters I receive. It's possible that I might have to concentrate on not taking offence if the letter started 'Oi! Fishface!' but otherwise any opening to the letter will do.
 

Dai Corner

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(etc.)

I need to 'out' myself as someone who works in compliance in a non-railway organisation. And while it's possible that it's different in the railway, I only glance at the salutation on letters I receive. It's possible that I might have to concentrate on not taking offence if the letter started 'Oi! Fishface!' but otherwise any opening to the letter will do.
Having passed my O Level English in the 1970s and written thousands of business letters in the 1980s I know I may be out of date but when replying to a letter from a named person I would always address it to 'Mr/Mrs/Ms xxxxxx' and end 'Yours Sincerely'.

In the OP's case I feel doing so if possible would give the best impression and perhaps be slightly more likely to get the desired outcome.
 

Stinkmeiner

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Belatedly coming back to the letter:

I am not sure that the last sentence referring to your future career prospects will cut much ice - they have heard it all before.

Otherwise you have covered all the basics.

PS I did wonder if someone would pick me up on potential non-binary letter- readers :) If the letter you received is from a named person, you can reply to them.
Honestly, I can't help but feel I'm screwed either way, but I am sincerely sorry and I feel I may as well be as clear about that as possible.
 

Blinkbonny

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Honestly, I can't help but feel I'm screwed either way, but I am sincerely sorry and I feel I may as well be as clear about that as possible.
I think you're right, Stinkmeiner. Given a basic level of literacy (which you obviously possess) I think your own words are always going to be the best means of communication, especially if you're wishing to convey sincerity.

Sometimes the form of words suggested here - though invaluable to people who struggle - can read as if it's a form letter learnt by rote.

If pushed, I personally think you rather "over-egg the pudding" in the sorrow department, so to speak. But that's just my opinion and yours is equally - if not more - valid.

Again, good luck.
 

Stinkmeiner

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So I sent it off in April and I still haven't heard a word back from them, which in my mind means they're about to press charges. I'll keep you posted, but I doubt this works out well for me.
 

MaidaVale

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I've just been reading over this thread, and would be interested to find out the outcome you face.

I think your letter was rather well written and came across as sincere, So I do think they should take that into account.
 

AlterEgo

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So I sent it off in April and I still haven't heard a word back from them, which in my mind means they're about to press charges. I'll keep you posted, but I doubt this works out well for me.
There is no way of telling. Sometimes companies are very slow with this, knowing full well they have six months from the detection of the offence.

In your favour is a well-written letter which makes you come across well, particularly as you highlight your frankness with the officer who dealt with you. Southeastern have been known to settle often before, and sometimes it is in the company's interest to do so where there are a large number of offences, as they can discuss their compensation with you privately rather than apply for it formally through a court (where it could be open to challenge by your solicitor).
 

Stinkmeiner

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Well, as predicted I received my court summons today. I'm not even sure if they received or read my letter, but it seems they want to make an example of me. Not looking forward to that.

One thing I noticed is that they've made no reference to the letter I sent. I don't know if that's normal or if it's evidence they didn't receive it?
 
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WesternLancer

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Well, as predicted I received my court summons today. I'm not even sure if they received or read my letter, but it seems they want to make an example of me. Not looking forward to that.
I think the advice on here is to keep asking for out of court settlement - ie write again and plead your case with them. Even if you have the court summons now.

There have been other cases on here some while back with South Eastern IIRC where this worked.

And then also being prepared to go to court on the day, find the prosecutor ahead of the case being scheduled, and ask them for the same thing (a chance to settle).
 

Stinkmeiner

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I have to wonder what good it'll do me. The fact that they didn't even make a passing reference to my letter would seem to indicate that they just don't care at all.
 

Haywain

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I have to wonder what good it'll do me. The fact that they didn't even make a passing reference to my letter would seem to indicate that they just don't care at all.
Perhaps you should wonder what harm writing again will do you. Do they care? I don't know, but why should they?
 
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