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INSIGHTS

Introduction

For most clients, the ultimate goal in a fare evasion case is clear: avoid court and avoid a criminal record. The good news is that this is usually possible.

The key is an out-of-court settlement. These agreements resolve the matter privately between you and the train company. No court, no conviction, no lasting record.

This guide explains what settlements are, how they work, when they are possible, and why using a solicitor dramatically increases your chances of success.

What is an out-of-court settlement?

An out-of-court settlement is an agreement with the transport operator to resolve the allegation without prosecution. Typically, you agree to:

  • Pay the unpaid fare.

  • Cover the operator’s administrative or investigation costs.

  • Sometimes pay an additional sum to reflect the seriousness of the case.

In return, the company withdraws its intention to prosecute and the matter ends discreetly.

Why do train companies accept settlements?

  • Efficiency: Prosecution is costly and time-consuming.

  • Certainty: Settlements recover unpaid fares and costs without risking acquittal in court.

  • Proportionality: For first-time offenders, settlement is often viewed as fairer than full prosecution.

When are settlements possible?

Strong likelihood

  • First-time offenders

  • Accidental misuse (wrong ticket, forgotten railcard, expired Oyster)

  • Prompt response with legal representation

Still possible with skilled negotiation

  • Repeat offenders

  • High-value evasion (e.g. multiple journeys unpaid)

  • TfL cases (though more resistant, we still achieve settlements regularly)

How does the process work?

  1. Assessment: We review your documents (letters, penalty notices, summons).

  2. Strategy: We prepare a mitigation plan tailored to your circumstances.

  3. Submission: We contact the operator’s prosecutions department.

  4. Negotiation: We agree settlement terms, often within days.

  5. Closure: Once terms are paid, the case is closed — no court, no record.

Benefits of settlement

  • No criminal record — the single most important benefit.

  • Speed — cases can be resolved in days, not months.

  • Discretion — settlements are private, unlike court proceedings.

  • Certainty — removes the risk of trial, conviction and higher penalties.

Case studies

  • Three years of fare evasion: Client faced certain prosecution. We negotiated settlement, safeguarding employment.

  • TfL prosecution: International student at risk of losing visa. Settlement achieved, protecting immigration status.

  • Repeat Southeastern offences: Settlement agreed after strong mitigation package, avoiding multiple convictions.

Costs of settlement

Costs vary, but usually include:

  • Unpaid fares (the journeys in question).

  • Administrative/prosecution costs (£100–£500+ depending on operator).

  • Solicitors’ fees (fixed-fee basis at Manak Solicitors).

Even in higher-value cases, settlement is far less damaging than conviction.

Why specialist help makes the difference

While individuals can sometimes settle directly, success is far from guaranteed. Train companies are far more receptive to solicitors with a proven track record, because:

  • We know each operator’s approach (TfL vs Southeastern vs TIL).

  • We know the right departments and contacts.

  • We craft mitigation letters that balance apology, explanation and proposal.

  • We present cases professionally, reducing risk of refusal.

Our record speaks for itself: over 1,000 settlements with an extremely high success rate.

What if settlement fails?

In rare cases, operators may refuse settlement. If so:

  • We advise on defence strategies in court.

  • We explore alternative approaches (statutory declarations, appeals).

  • Even after initial refusal, we can sometimes re-open negotiations.

Conclusion

For anyone accused of fare evasion, an out-of-court settlement is the best possible outcome. It protects your career, your reputation and your future.

With expert representation, even serious or repeated cases can often be resolved discreetly and quickly.

At Manak Solicitors, fare evasion solicitor Samir Moftah has unparalleled experience in achieving these outcomes.

Call 07731 868 916 or 01689 870 769

Email: info@manaksolicitors.co.uk

Act early — the sooner you seek help, the stronger your chances of settlement.

Sevenoaks

01732 207 207

Gravesend

01474 324 529

Manak Solicitors is a trading name of Manak Lawyers Limited registered at Companies’ House in England & Wales Company Number: 09877015

Manak Lawyers Limited is authorised and regulated by the Solicitors Regulation Authority under SRA No. 627738, 628462, 648124 & 8009629.

Manak Lawyers Limited does not accept service by fax or email.