Used a fake name but actual address when questioned on fare dodging.

[worried_bee]

I was caught fare dodging. I panicked and used a fake name (that's actually my nieces, which I've been using for the under 30 discount) but my actual address. I haven't done it since, and I'd like to come clean and pay any fine that's coming, but I am worried about getting a criminal record epically after lying about my name. I have received the first letter about the prosecution. What is my best option to pay up without getting a criminal record.

 

[Fawkes Cat]

I was caught fare dodging. I panicked and used a fake name (that's actually my nieces, which I've been using for the under 30 discount) but my actual address. I haven't done it since, and I'd like to come clean and pay any fine that's coming, but I am worried about getting a criminal record epically after lying about my name. I have received the first letter about the prosecution. What is my best option to pay up without getting a criminal record.

Welcome to the forum!

It would be helpful to have a few more details so that we can give our most focused advice (for example, some railway companies are much more prepared to settle out of court than others): the easiest way to do this is to show us a copy of the letter you have received (with all personal details hidden so the whole internet doesn't get to know your business).

But in general, it's probably true to say that if you can persuade the railway that you won't fare dodge again then they won't be too worried about the false name. So when you write back to them
- briefly tell them that you gave a false name, and your real name is xxx. Don't bother to say why you gave a false name - they will just be happy to now be contacting the right person
- confirm your address (because lots of people give a false address when they give a false name)
- move on to trying to persuade the railway that you will not fare dodge again. You will see in many threads in this forum that @Hadders gives some excellent advice on what to say: I suggest following that.

We're always happy to look at a draft of your letter before you send it in, so if you want to show it to us we'll try to help then as well.

 

[worried_bee]

Thanks for the welcome.
I tried to attach the letter, but it didn't get posted. It's southeastern rail and I found the exact wording of the letter of Reed solicitors site, I have posted it below.

A have a friend saying that as they don't have my real name, I should just email saying that that person doesn't live here, but honestly that makes me nervous. Really not sure what is best to do.

Southeastern Prosecutions Letter Text​

On [DATE] you gave your details and was questioned by a member of rail staff with regard to an incident on Southeastern. The matter has been provisionally authorised for prosecution. To safeguard the interests of its fare paying customers, Southeastern policy is to prosecute all those who have been reported for alleged fare evasion.

Before I proceed further, I invite you to respond by completing in full the bottom section of this letter, making any comments about the incident on the reverse, and send it to the above address within seven days.

You can also contact the prosecutions team at: [email protected]

If you were not the person stopped then please respond to the address or the email given. Please be aware that Southeastern uses Body worn video, CCTV and various software packages to combat fraudulent travel. Any fraudulent replies to this letter may result in further criminal proceedings.

Failure to respond will lead to the matter being progressed without further notification.

 

[Brissle Girl]

Bear in mind that giving a false name and/or address is an offence in itself. If you try and use the false name to avoid any action then you run the risk that they find out and then prosecute you for that offence as well as the fare evasion. If you come clean now, you will very likely get a settlement offer and will avoid a conviction.

Don't underestimate the ability of the authorities to work out what is going on. The fact that they have your address will help them. If they prosecute your niece instead in her absence, or use other information to find her, then both she and you will be in a very difficult situation which will take some time for her to reverse, and for you to own up to.

So you might get away with it. But if you don't, the consequences are likely to be much worse than if you come clean now. It's not a risk I would take.

 

[worried_bee]

Bear in mind that giving a false name and/or address is an offence in itself. If you try and use the false name to avoid any action then you run the risk that they find out and then prosecute you for that offence as well as the fare evasion. If you come clean now, you will very likely get a settlement offer and will avoid a conviction.

Don't underestimate the ability of the authorities to work out what is going on. The fact that they have your address will help them. If they prosecute your niece instead in her absence, or use other information to find her, then both she and you will be in a very difficult situation which will take some time for her to reverse, and for you to own up to.

So you might get away with it. But if you don't, the consequences are likely to be much worse than if you come clean now. It's not a risk I would take.

I agree, thanks for the advice. Do think it would be wise to get a solicitor?

 

[ikcdab]

Well you have not actually given a fake name, what you have done is to give the real name of a close relation. If you ignore it, then the authorites will follow the trail back to your neice and she may end up with the problems to resolve. I guess that is likely to sour relations with your neice..
From a moral point of view, you were fare dodging and so you should pay the penalty - not try and dodge out of it.
The advice often given here is to be open, honest and truthful. Whilst that may cause short-term pain, in the long run is it the cheapest and easiest solution.

 

[Hadders]

Welcome to the forum!

I tried to attach the letter, but it didn't get posted

The letter you posted was deleted because what you posted wasn't the letter that was sent to you.

I was caught fare dodging. I panicked and used a fake name (that's actually my nieces, which I've been using for the under 30 discount) but my actual address. I haven't done it since, and I'd like to come clean and pay any fine that's coming, but I am worried about getting a criminal record epically after lying about my name. I have received the first letter about the prosecution. What is my best option to pay up without getting a criminal record.

You're in a spot of bother here, my advice is when in a hole, stop digging.

Southeastern are entitled to take this case to the Magistrates Court where you would be found guilty. They are normally willing to offer an out of court settlement to people who have not come to their attention before, and who co-operate with their investigation.

I suggest writing a short, concise letter to them covering the following points:

- That you are sorry for what has happened
- What you have learned from the incident
- That you are keen to settle the matter without the need for court action
- Offer to pay the outstanding fare and the train company's administrative costs in dealing with the matter

You should also tell them you gave a false name. Southeastern will be able to check your online ticket purchasing history and they will be able to jpin the dots and work out whether you have done this before and that you aren't who you say you are. Giving false details is a criminal offence in itself, potentially worse than the fare evasion itself.

If you are offered an out of court settlement expect to have to pay the fares avoided at full Anytime rate with no credit for the railcard discounted fares you did purchase. In addition you will have to pay Southeastern's admin fees in dealing with the case, normally around £150. An out of court settlement might feel like a fine but it isn't - only a court can impse a fine as a punishment upon conviction.

It's your choice whether or not to use a solicitor. A solicitor might be able to negotiate a settlement a bit quicker but you will also have to pay their fee as well as the settlement. If you post a copy of your dradft reply in this thread forum members will be happy to proof read it for you.

I think the bigger decision you need to think about is what you're going to say to your neice....

 

[worried_bee]

Thanks, I appreciate all the advice. My niece does know. She doesn't live in the UK and most likely will never come. It's not a good excuse, but I've done all this on the advice of friends who claim that everyone does it. I honestly didn't know better or how serious it really was.

I cannot risk getting a conviction I can't explain just deeply that would screw up my life, and if I had known there was a chance I would never have risked it. Sob story over. I'll write up a letter.
Once again thanks for responding.

 

[WesternLancer]

A have a friend saying that as they don't have my real name, I should just email saying that that person doesn't live here, but honestly that makes me nervous. Really not sure what is best to do.

​

Don't do this! And I think you have decided that for yourself.

As per your instinct the way to go is now to engage with them and tell the truth. The Railway company is very likely to settle this without prosecuting you if you follow the good advice on this forum. Obv ask for more advice from here as things progress

It maybe your friend does not have as much at stake in this as you - ref eg their job or other aspect of personal circumstances but it is not good advice.

 

[skyhigh]

A have a friend saying that as they don't have my real name, I should just email saying that that person doesn't live here, but honestly that makes me nervous. Really not sure what is best to do.

From the letter that you quoted:

Please be aware that Southeastern uses Body worn video, CCTV and various software packages to combat fraudulent travel. Any fraudulent replies to this letter may result in further criminal proceedings.

They are clearly warning you not to lie as your 'friend' has advised. If you get caught in that lie you will be in deep trouble, much more trouble than you are in now.

If you come clean they will almost certainly offer a settlement of a few hundred pounds and if paid that will be the end of the matter. Lie that it wasn't you and get caught out and you're facing court on a Fraud charge with a potential jail sentence if you were to continue to lie to the court. Don't take that option.

 

[Sultan]

If post #3 is an accurate wording of a letter sent to you, then it is inviting you to be honest. It's up to you now to decide how honest you want to be. Be very careful on this as treading any line other than complete honesty is fraught with danger, and I would want you to completely dispel any notion of being a dishonest person, and that it was an aberration in your behaviour that you are sorry for and wish to redress.

Good luck

 

[worried_bee]

Thanks for everyone's input so far. I have a letter written. I am unsure if I should post it here or not? I also asked a solicitor for a quote. It was over £1100, It's nothing something I can afford. Part of the reason I was taking shortcuts to begin with, are my chances significantly better with one? I'm just hoping any fine will be less than that, and I avoid a conviction at this point. The amount of stress this is causing my family was never worth it.

 

[Brissle Girl]

Our general advice is that companies are usually amenable to offer out of court settlements if people are honest, apologetic, and cooperative in dealing with the investigators. Now obviously you haven't got off to a good start, but you won't be the first, and they will be used to it. I think it's how you act from now on which is important.

I don't think we've got an idea of the extent of the fraud, but companies seem willing to offer settlements even in surprisingly large cases, and without the use of a solicitor. Given the amount you've been quoted, which seems higher than other cases we've seen, you may want to try the approach of coming completely clean, seeing what response you get, and if you don't get the response you want then you can then engage a solicitor. I think that would be my approach in your situation, given your concern about the cost of legal advice.

 

[Cloud Strife]

but companies seem willing to offer settlements even in surprisingly large cases

From a risk/reward point of view, there's little sense in companies proceeding to prosecution if they're able to agree an out of court settlement, even if the person has given false details. There is always a risk with court proceedings that the defendant can put together a credible and viable defence, whereas an out of court settlement is always a win.

 

[Hadders]

Thanks for everyone's input so far. I have a letter written. I am unsure if I should post it here or not? I also asked a solicitor for a quote. It was over £1100, It's nothing something I can afford. Part of the reason I was taking shortcuts to begin with, are my chances significantly better with one? I'm just hoping any fine will be less than that, and I avoid a conviction at this point. The amount of stress this is causing my family was never worth it.

If you're using a solicitor then take their advice rather than ours as that's what you're paying them for. If you're not using a solicitor then post a copy of your draft reply in this thread and forum members will be happy to proof read it for you.

While we cannot guarantee what the outcome will be (nor can a solicitor for that matter), we do have a good track record of people who take our advice being offered out of court settlements. If you do use a solicitor you will have to pay their fees in addition to the cost of the settlement.

One further pedantic point - you don't want to pay a fine. A fine can only be imposed by a court as a punishment following a conviction. What you want to pay is an out of court settlement. Paying a settlement might feel like you've paid a fine but it isn't!

 

[worried_bee]

So this is what I have drafted:

I am writing to confirm my details regarding the incident on [date] and express my sincere apologies for any inconvenience caused. I did provide your agent with incorrect details at the time. As the name I gave is, so I could travel using the under 30's discount.

I deeply regret my actions and I have learned valuable lessons about the importance of adhering to rail regulations and the impact of my actions on others. I am committed to ensuring that such incidents do not occur in the future.

I would like to emphasize my desire to resolve this matter without the need for court action. I would like to settle the outstanding fare promptly. I understand there will be administrative costs incurred by Southeasten Rail and I would cover these expenses as well.

Please advise me on how best to proceed. I appreciate your understanding and cooperation in resolving this issue.

 

[Hadders]

I would change the third paragraph to say something like 'I wonderded if it would be possible to resolve this without the need for court action. I would be prepared to pay the outstanding fare and your administrative costs in dealing with this issue'.

 

[Brissle Girl]

I would change the third paragraph to say something like 'I wonderded if it would be possible to resolve this without the need for court action. I would be prepared to pay the outstanding fare and your administrative costs in dealing with this issue'.

I feel that "I would be prepared" has the wrong tone, as it suggests that the poster is in a position to negotiate and put an upper limit on it. Maybe, "... if I were to pay the relevant fare, together with your administrative....etc"

I also prefer "would be very grateful" to "wondered" as it feels much more like one is asking very nicely.

 

[Hadders]

I feel that "I would be prepared" has the wrong tone, as it suggests that the poster is in a position to negotiate and put an upper limit on it. Maybe, "... if I were to pay the relevant fare, together with your administrative....etc"

I also prefer "would be very grateful" to "wondered" as it feels much more like one is asking very nicely.

That would work.

 

[worried_bee]

Thanks again for your advice on the changes.

My husband after reading your comments has decided that it would be best if we used a solicitor. We have an initial consultation booked with one he found specializing in rail fare prosecution for £725. I not sure what the rules are in posting business names.

I will update. If people are interested.

I want anyone doing what I did, or thinking of doing it, to read this thread and understand that it really isn't worth it. Think about your situation carefully, and think of what you have to lose if you are ever caught and prosecuted. Can you even afford the penalty fare or solicitors fees as we are pay cheque to pay cheque and this is going to be a huge burden on us.

 

[WesternLancer]

Thanks again for your advice on the changes.

My husband after reading your comments has decided that it would be best if we used a solicitor. We have an initial consultation booked with one he found specializing in rail fare prosecution for £725. I not sure what the rules are in posting business names.

I will update. If people are interested.

I want anyone doing what I did, or thinking of doing it, to read this thread and understand that it really isn't worth it. Think about your situation carefully, and think of what you have to lose if you are ever caught and prosecuted. Can you even afford the penalty fare or solicitors fees as we are pay cheque to pay cheque and this is going to be a huge burden on us.

Thanks - people do post the names of solicitors firms they have used if they feel it has helped resolve things for them (in fact I have just posted links to 2 firms previously mentioned by other people in response to another thread where someone asked about forms that have any specialism in rail fare evasion).

If you find the solicitor helpful at the end of the process I suspect it is useful to others to know who they are if they want to get a price for assistance from a solicitor as they weigh up their options.