Possible prosecution from southeastern.

[Kitemarscut]

Around three weeks ago, I was stopped at the train station by a revenue officer, where they took down my details for fare evasion.

I had been buying tickets on Trainline, but I was buying short tickets over the past year (so just a ticket to just get me past the barrier at my home station ) and without a valid Railcard (I was using the 16-17 saver railcard on these tickets too).

At first, I lied about my name and my date of birth. I have been caught on this before but years ago about four years ago, but that was under a different date of birth but all the details were correct, and it was my middle name as my first name, and I gave them the right address, so I still wrote a letter and managed to get it settled.

This time I gave all my correct details. I’m very aware of what I’ve done, and I do apologise for the scenario I am aware that what I’ve done makes me guilty, but I’m in a struggling situation as I am a uni student who literally has no money and barely any parental support and I have to travel back home quite often for work, just so I can be able to survive at Uni since then I have written an apology email.

The woman officer eventually explained to me asked me all the questions which I explained, and I told her this is not my situation and as to why I essentially was short for tickets, and then she said that obviously my best bet is to write a letter and to explain my circumstances and my scenario, I should try and do it as early as possible which is why I sent the letter before the letter, and they have sent a letter saying that I have about 21 days to respond even though I sent a letter of apology a week after the incident happened.

I would like to know what my chances are of getting an out-of-court settlement, or if a solicitor is probably the only way I could get one.

This is a draft of the letter i sent:

Dear Debt Recovery and Prosecutions Manager,

I am writing to deeply apologise for the recent fare evasion incident in which I was stopped by a ticketing officer at Gillingham Station, where I had been found to have had a short ticket Chatham to Gillingham as I attempted to come home from university. I fully understand the seriousness of my actions and deeply regret the decision I made, Which I truly am sorry for. I made a poor decision in a difficult moment, and I take full responsibility for it. I find myself in a desperate financial situation which clouded my judgment.

I am currently a full-time university student studying pharmacy a demanding and intensive course that leaves me with very limited time to work. My student finance covers only around £4,000 a year. This is nowhere near enough to cover my rent (which I pay over £600) and essential living costs for Brighton. Despite working as much as I can, I still struggle to make ends meet. My parents who also find themselves in financial crisis and struggle to barely cover themselves, they unfortunately cannot afford to help me out as much as they would like.

In the situation of the offence, I was attempting to travel home from university as I have to go home to receive food from home to help me survive the coming week which I have placement that is mandatory to go too, so I may be able progress to my final year of my course. I was in a dire situation as the last off the money I had left I needed it to be able to go to my placement the following week, so I found myself in a checkmate situation where I needed to get home to have food to survive the week, but I did not have enough to get me home and to go to my placement.

I fully understand the seriousness of fare evasion and that my personal circumstances do not excuse my actions. This offence does not reflect who I am as it was a mistake in a moment of hardship, and I am truly ashamed and remorseful for my mistake. I have taken time to reflect on my actions, and I assure you that this will never happen again. Moving forward I will buy the correct ticket and pay the full fare; I shall also not travel if I cannot purchase a full ticket, since the incident I have made sure to travel with the correct ticket at all times.

I respectfully ask whether it would be possible to settle this matter out of court. I am willing to pay all outstanding fares, and any administrative or legal costs involved. I am extremely concerned about the impact a criminal conviction would have on my future in pharmacy, a career I have worked tirelessly toward for several years.

Also below is the attached version of the letter I was sent

 

[notmyrealname]

Hi, welcome to the forum.

There's a forum thread that asks for basic information, if you could let us have the answers to the questions it could be helpful to the pros here.

Please read before posting in Disputes & Prosecutions

Guidance for those asking for advice: Please bear in mind the following, when asking for advice in this section: We need to know all relevant facts in order to assist you, including, for example: The stations* where you actually started & finished your journey The stations* where you changed...

www.railforums.co.uk

 

[ikcdab]

You can't write to them before they write to you because they will have no way of tying up the case. So you need to send the letter again using the reference number on their letter to you.
You are legally obliged to give your true name and address, so rather than being "unfortunate", it was fortunate that you complied with the law.
Your letter is rather long and lots of the background info about why you evaded paying your fares is irrelevant.
Have another go and come back here again.

 

[Bungle158]

Without the information requested by members in the above posts, it will be difficult to for you to receive specific expert advice.

That said, you appear to be in a difficult situation. There is no automatic right to a settlement. The prosecutions team will research your travel history and use the information to assess your case. There is no certainty that they will prosecute, but you will be subject to a financial hit either way. In case of a settlement, expect the company to demand repayment of fares avoided and an admin fee. £150 for that alone is not uncommon.

A solicitor MAY be able to intervene and obtain a final warning, but given your history, that would not be straightforward, to say the least and cost you several hundred Pounds.

If you are prosecuted and almost inevitably found guilty, you will have a fine and associated costs and surcharges to deal with. (Search the threads for more info). In addition, Pharmacists are subject to regulation and all criminal offences, spent or unspent must be declared.

You may also have to notify your university of a conviction, but a confidential chat with the student union should assist you. As l understand it, a conviction is not an absolute bar to the profession, but you will need to be absolutely candid.

 

[Kitemarscut]

You can't write to them before they write to you because they will have no way of tying up the case. So you need to send the letter again using the reference number on their letter to you.
You are legally obliged to give your true name and address, so rather than being "unfortunate", it was fortunate that you complied with the law.
Your letter is rather long and lots of the background info about why you evaded paying your fares is irrelevant.
Have another go and come back here again.

Hi,

Thank you for your timely response. I understand the points that you have brought up and will move accordingly going foward.

In response to the information that has been left out:

• We need to know all relevant facts in order to assist you, including, for example:
  • The stations i travelled from was Brighton via a short ticket to Gillingham (kent)
  • The stations where I changed trains was London bridge where i changed and got the train to Gillingham (kent)
  • Ticket i presented the officer was an E-ticket from Chatham to Gillingham
  • No railcards held
  • Tickets where purchased from trainline and the tickets where
  • Not much happened with railway staff as i was questioned to which i did lie about my address and date of birth at first but eventually gave the correct details.

• Ideally I am hoping there is a chance that i may be able to get an out of court settlement.

Without the information requested by members in the above posts, it will be difficult to for you to receive specific expert advice.

That said, you appear to be in a difficult situation. There is no automatic right to a settlement. The prosecutions team will research your travel history and use the information to assess your case. There is no certainty that they will prosecute, but you will be subject to a financial hit either way. In case of a settlement, expect the company to demand repayment of fares avoided and an admin fee. £150 for that alone is not uncommon.

A solicitor MAY be able to intervene and obtain a final warning, but given your history, that would not be straightforward, to say the least and cost you several hundred Pounds.

If you are prosecuted and almost inevitably found guilty, you will have a fine and associated costs and surcharges to deal with. (Search the threads for more info). In addition, Pharmacists are subject to regulation and all criminal offences, spent or unspent must be declared.

You may also have to notify your university of a conviction, but a confidential chat with the student union should assist you. As l understand it, a conviction is not an absolute bar to the profession, but you will need to be absolutely candid.

I have included the information that I left out in a further reply to this thread. please if you could kindly have a look and let me know what you think on the situation would be duely appreciated.

 

[Islineclear3_1]

Given your situation, you have to hope that the railway will offer an out of court settlement. You need to pray this doesn't go to court. But it is likely to cost you and it may boil down to choosing to eat or paying the settlement (if offered). When I was a student, I had to virtually live on fresh air for a time and that was pre-internet/mobile phones etc.

By all means draft up a suitable letter but wait for the letter from the train company first as you'll need to quote their reference number. They have up to 6 months to send you the letter. Best to start by trying to raise as much money as you can in the meantime as I don't think they'll let you pay in instalments.

Keep the letter short, no sob story and don't say it was a "mistake". Short-faring is (usually) deliberate in order to avoid paying the full fare

 

[Kitemarscut]

You can't write to them before they write to you because they will have no way of tying up the case. So you need to send the letter again using the reference number on their letter to you.
You are legally obliged to give your true name and address, so rather than being "unfortunate", it was fortunate that you complied with the law.
Your letter is rather long and lots of the background info about why you evaded paying your fares is irrelevant.
Have another go and come back here again.

Hi here is a revised version of the letter, if i could kindly ask for some feedback would be really appreciated.

Dear Mr
Debt Recovery and Prosecutions Manager,

I am writing in response to your letter regarding the incident on 03 April 2025. (Reference: xxxxxxxxxxxx) - I have also responded by post to the original letter, thank you for giving me the opportunity to provide a response.

On that day, I travelled from Moulsecoomb Station (which doesn't have barriers) to Gillingham (kent) with a ticket that did not cover the full journey. I had booked my ticket in a way that only covered one stop of my journey meaning I did not have a valid fare for most of my journey.

I deeply regret my actions and take full and complete responsibility for them. I fully recognize that what I did was wrong, and I sincerely apologize for my poor judgment. At the time, I made a thoughtless decision without fully considering the consequences, and I now understand the seriousness of this matter. This experience has been a wake-up call for me, and I guarantee I will never do this again.

I would be extremely grateful for the opportunity to settle this matter without the need for court action. I am willing to pay any outstanding fare and any administrative costs incurred by Southeastern in handling this case and investigation.

Once again, I sincerely apologize for my wrongdoing. I deeply regret my actions and appreciate your consideration in allowing me to resolve this matter out of court.

Yours sincerely,

 

[Kitemarscut]

Given your situation, you have to hope that the railway will offer an out of court settlement. You need to pray this doesn't go to court. But it is likely to cost you and it may boil down to choosing to eat or paying the settlement (if offered). When I was a student, I had to virtually live on fresh air for a time and that was pre-internet/mobile phones etc.

By all means draft up a suitable letter but wait for the letter from the train company first as you'll need to quote their reference number. They have up to 6 months to send you the letter. Best to start by trying to raise as much money as you can in the meantime as I don't think they'll let you pay in instalments.

Keep the letter short, no sob story and don't say it was a "mistake". Short-faring is (usually) deliberate in order to avoid paying the full fare

Hi there thank you for you response, this is duely noted. Can i ask you to have a quick look at the second drafted letter that i made under one of my replies in this thread please. (it is still awaiting approval so will be up and posted soon).

 

[John R]

We can always wordsmith draft letters to death, but that looks a pretty reasonable one to me as it stands.

 

[Islineclear3_1]

Yes it's much better than your original draft.

 

[Hadders]

I agree that the 2nd version is good to go. Please let us know the outcome as it helps us to assist others in the future.

 

[Kitemarscut]

Thank you for your responses, i have sent that draft and have had acknowledgement email back and would like to know what is next likely to happen, I know we probably say for certain but it would be nice to know the general direction this might be going in.

Here is the email i recieved in the response to the email i sent:

Thank you for your email relating to your case.



The case is being reviewed, and you will be contacted via post once we conclude our investigation.



Many thanks and kind regards

 

[Hadders]

I think the likely outcome is an out of court settlement. It might take several weeks for them to get back to you because they will want to check your tiket purchasing history to see if there's a history of short faring.

A settlement is likely to cost the fares at the full Anytime rate for all occasions where you've shortfared, with no credit given for invalid tickets purchased. In addition they will charge an admin fee, typically £150.

 

[Egg Centric]

When I was a student, I had to virtually live on fresh air for a time

These days there is no need for that, @Kitemarscut if you get into that bad a situation be aware every Sikh Gurdwara, of which there's at least one in Gillingham, will give you free food every day.

 

[Kitemarscut]

I think the likely outcome is an out of court settlement. It might take several weeks for them to get back to you because they will want to check your tiket purchasing history to see if there's a history of short faring.

A settlement is likely to cost the fares at the full Anytime rate for all occasions where you've shortfared, with no credit given for invalid tickets purchased. In addition they will charge an admin fee, typically £150.

Update thank you for your reply, I have received the letter of an out of court.

The letter is outlining that they have seen that I have other unpaid journeys, where I've bought short ticket one to get me out of my home station and a ticket to get me through the barriers at the destination station, the are totalling the entire ticket history to 168 journeys, they have now come out and said that I owe 4,500 plus 250 admin cost within 14 days or I get taken to court. I have only received the letter today, is it worth writing back to them saying ive only received the later today so that I can be Bought a bit more time to pay the amount as the letter was date for the 29th?

I have no clue how I am expected to pay this much within 2 weeks and I don't the amount of journey has been up to that much as I mentioned earlier I end up buy two tickets one for one line from which is Gillingham to London bridge, then a change a London bridge to Brighton. Are they possibly charged me double the cost of the tickets? Is there a way I can dispute how much I'm being charged or will it likely annoy them and they try to take me to court?

Also if i ultimately do have to pay this much is there a way I can get a payment plan or some sort of loan than can help settle this within the time frame.

 

[notmyrealname]

Hi.

Maybe you could show us the letter you've had so that the pros here can see what Southeastern are thinking? Obscure your personal details and their reference number so it's anonymous for you.

 

[AlterEgo]

Update thank you for your reply, I have received the letter of an out of court.

The letter is outlining that they have seen that I have other unpaid journeys, where I've bought short ticket one to get me out of my home station and a ticket to get me through the barriers at the destination station, the are totalling the entire ticket history to 168 journeys, they have now come out and said that I owe 4,500 plus 250 admin cost within 14 days or I get taken to court. I have only received the letter today, is it worth writing back to them saying ive only received the later today so that I can be Bought a bit more time to pay the amount as the letter was date for the 29th?

I have no clue how I am expected to pay this much within 2 weeks and I don't the amount of journey has been up to that much as I mentioned earlier I end up buy two tickets one for one line from which is Gillingham to London bridge, then a change a London bridge to Brighton. Are they possibly charged me double the cost of the tickets? Is there a way I can dispute how much I'm being charged or will it likely annoy them and they try to take me to court?

Also if i ultimately do have to pay this much is there a way I can get a payment plan or some sort of loan than can help settle this within the time frame.

How many journeys did you short ticket for, and which journeys were these?

 

[Kitemarscut]

Hi.

Hi.

Maybe you could show us the letter you've had so that the pros here can see what Southeastern are thinking? Obscure your personal details and their reference number so it's anonymous for you.

Maybe you could show us the letter you've had so that the pros here can see what Southeastern are thinking? Obscure your personal details and their reference number so it's anonym

 

[NorthernSystem]

Update thank you for your reply, I have received the letter of an out of court.

The letter is outlining that they have seen that I have other unpaid journeys, where I've bought short ticket one to get me out of my home station and a ticket to get me through the barriers at the destination station, the are totalling the entire ticket history to 168 journeys, they have now come out and said that I owe 4,500 plus 250 admin cost within 14 days or I get taken to court. I have only received the letter today, is it worth writing back to them saying ive only received the later today so that I can be Bought a bit more time to pay the amount as the letter was date for the 29th?

I have no clue how I am expected to pay this much within 2 weeks and I don't the amount of journey has been up to that much as I mentioned earlier I end up buy two tickets one for one line from which is Gillingham to London bridge, then a change a London bridge to Brighton. Are they possibly charged me double the cost of the tickets? Is there a way I can dispute how much I'm being charged or will it likely annoy them and they try to take me to court?

Also if i ultimately do have to pay this much is there a way I can get a payment plan or some sort of loan than can help settle this within the time frame.

Unfortunately, it does state on the letter that they do not offer payment plans.

 

[Kitemarscut]

I just realised that myself aswell, do you think calling one the number below maybe able to offer a payment plan.

 

[AlterEgo]

I just realised that myself aswell, do you think calling one the number below maybe able to offer a payment plan.

Do you dispute the amount owed? If so, you should ask for a breakdown in writing or by email.

 

[Kitemarscut]

Do you dispute the amount owed? If so, you should ask for a breakdown in writing or by email.

After reading some responses in other threads it is a bit easier to understand how they may have calculated this amount.

 

[furlong]

They should ALWAYS provide a breakdown of the total - it's not in their interest not to do so as it would prevent them taking further action if at a later date they discovered journeys they had missed as you'd legitimately be able to claim you believed the settlement included everything.

If they didn't provide a breakdown, simply ask for it (in a neutral manner). The only time not to do this is if you believe the true amount you owe is more than they have asked for!

 

[Kitemarscut]

Did they add the fare you went on with thameslink on there

Yes they included that aswell

 

[enyoueffsea]

Other than checking the breakdown, which I’m not sure you actually oppose, I don’t see any solution here other than either paying the settlement or accepting a prosecution.

The fine will almost certainly be less than that settlement, but I suppose it depends on how important a prosecution would be to you and your life.

 

[Hadders]

Southeastern do not offer payment plans. I'm assuming that 168 journeys where the fare was evaded is correct, if so there are essentially there are two possible outcomes here:

1. Pay what Southeastern are asking. This will make the matter go away (i.e. no court case, criminal record etc.) It's a lot of money to find at short notice, and I suspect @Kitemarscut would need to try and borrow this money from somewhere.

2. Don't pay Southeastern and the case proceeds to court. They would probably only be able to prosecute you for the offence on the day they caught you. In the Magistrates Court ou would be guilty and have to pay a fine, surcharge, Southeastern's court costs and compensation for the fare avoided on the day you were caught. This won't be cheap but it's unlikely to total £4k. You would also have a criminal record although courts do normally allow the fine to be paid in installments.

 

[Kitemarscut]

I think I’m just gonna have to call one of the companies below and see if I can get a payment plan done through them

 

[AlterEgo]

I think I’m just gonna have to call one of the companies below and see if I can get a payment plan done through them

Those numbers are three charities which can give basic advice on debt matters, but they cannot give you a payment plan or lend you the money.

It’s my prerogative but I’d rather just be convicted for a single Bylaw offence and pay several hundred pounds than try to scratch together over £4000 in your situation. The company doesn’t deserve all that money anyway.

 

[Benjwri]

Those numbers are three charities which can give basic advice on debt matters, but they cannot give you a payment plan or lend you the money.

It’s my prerogative but I’d rather just be convicted for a single Bylaw offence and pay several hundred pounds than try to scratch together over £4000 in your situation. The company doesn’t deserve all that money anyway.

I don’t think that’s great advice to giving if I’m honest. The OP has mentioned they are studying for a course that leads to a job which is exempt from the rehabilitation of offenders act, and even if they weren’t there are circumstances which can come up, such as visa applications etc, that are exempt as well. The OP should do research, and contact their student union for advice on university policy towards students getting a criminal conviction before they decide to proceed with that avenue.

 

[WesternLancer]

I think I’m just gonna have to call one of the companies below and see if I can get a payment plan done through them

Thai is a difficult situation to be in and you have my sympathy.

I realise that SouthEastern are saying they do not offer payment plans (and of course that may be the case that they would stick to) - however that is no doubt a standard template response letter that they send to all cases where they agree not to prosecute.

So I wonder if there can be anything to lose by asking them politely if they would make an exception to this?

Because if the alternative is as @AlterEgo suggests to go to court (which is indeed an alternative - and the court fine is permitted to be paid in instalments over time - possibly the only 'benefit' there is from being taken to court in this situation that I can think of, then what is there to lose by asking South Eastern if they will accept payments in instalments.

If that is something you want to aske them I would do so in the following manner.

- reply to their letter thanking them for their offer to settle out of court, which you very much appreciate
- explain that the sum is at a cost it's not possible for you to pay in one go
- mention that you have no option to borrow the money, either from a bank or form family or friends
- ask if there is any chance they could make some sort of exception to their statement in the latter that there is no payment plan option
- explain that if there is no such option you very much regret that you would be unable to accept the offer and would have to let the matter go to court and you are sorry that you will have to put them to the trouble of taking such court action

I can't see any reason not to ask this if you really have no way or legally obtaining the money to pay the settlement they are offering.

The only issue I can imagine is that they might ask for only a few relatively large installments (eg like four instalment of c£100 each perhaps, rather than the idea of collecting £25 per week off you over the next few years, like a debt repayment plan would offer - I can't see them engaging in that)

If you do end up going to court then people here can advise on the paperwork you have to fill in to declare your income to ensure your fine is at the lower scale if your income is low and how to request payment of the court fine in instalments (Court MC100 form i think it is called)

https://assets.publishing.service.gov.uk/media/5aa6b46aed915d4f595c551e/mc100-eng.pdf

I don’t think that’s great advice to giving if I’m honest. The OP has mentioned they are studying for a course that leads to a job which is exempt from the rehabilitation of offenders act, and even if they weren’t there are circumstances which can come up, such as visa applications etc, that are exempt as well. The OP should do research, and contact their student union for advice on university policy towards students getting a criminal conviction before they decide to proceed with that avenue.

some good points here ref the university and contacting the university / student union, but also doing this to see if all avenues to the university hardship fund have been examined. whilst I am not saying the hardship fund will pay this sum for you, they may help with other expenditure that could create a sum that would allow the OP to pay the settlement offer.