Receiving a letter about fare evasion can be alarming. For many people the instinct is to hope it goes away if left unanswered. Unfortunately ignoring fare evasion correspondence is one of the most damaging mistakes you can make and the consequences can escalate quickly.
Stage 1: The Initial Revenue Protection Letter The first letter you typically receive is from the train operator’s revenue protection team or their appointed legal agents. This usually requests that you provide your details and an explanation and in some cases makes an offer to settle the matter out of court. If you ignore this letter the operator will almost always escalate the matter.
Stage 2: The Notice of Intention to Prosecute (NITP) If you fail to engage at the initial stage the operator will issue an NITP formally warning you that criminal proceedings are being considered. This is your final real opportunity to engage before court documents are issued.
Stage 3: The Single Justice Procedure Notice (SJPN) If you still do not respond a court process is initiated and you will receive an SJPN. You now have a strict window, typically 21 days, to respond to the court. If you miss this a magistrate can convict you in your absence.
Stage 4: Conviction in Absence This is where the consequences become serious. A conviction in absence means you will have a criminal record which may need to be disclosed to employers, visa authorities and professional regulators. You will also face a fine, victim surcharge and court costs often totalling several hundred pounds and you will have had no opportunity to present your side of the story.
Can a conviction in absence be overturned? Yes, in some circumstances. A Statutory Declaration can be used to reopen a case where you were convicted without your knowledge. However this is not guaranteed and acting early is always preferable to attempting to undo a conviction later.
Do not Wait, Instruct Samir Moftah Now. Whether you have just received your first letter or have already been convicted in your absence, Samir Moftah at Manak Solicitors can help. The earlier you seek advice the greater the range of options available to you. Contact Samir today for a free 15 minute initial discussion where he will set out exactly how he can help with your case. 01689 870769 07731 868916 litigation@manaksolicitors.co.uk
