1. Contact us as early as possible
You do not need to wait until you receive correspondence from c2c’s Prosecutions Department before speaking to us. If you have been stopped, questioned or had your details taken by a Revenue Protection Officer, contact us as soon as possible.
Where appropriate, we can proactively approach c2c on your behalf before you receive formal correspondence. Our solicitors have dealt with train company prosecutors for many years, allowing us to open discussions early and, where possible, seek to resolve the matter before the normal investigation process progresses further.
Acting early also gives us more time to prepare mitigation and supporting evidence. Documents such as medical or professional letters can take time to obtain, so it can be beneficial to start preparing your case before a formal deadline is imposed.
2. You may receive a Penalty Fare or be reported for investigation
Not every ticket irregularity results in prosecution. c2c operates a Penalty Fares scheme, under which passengers travelling without a valid ticket may receive a Penalty Fare. However, c2c can also report cases to its Prosecutions Department for criminal or civil enforcement action. If you are stopped, c2c’s Revenue Protection Officers may caution and question you under the Police and Criminal Evidence Act 1984 (PACE) where their questions could result in admissions relevant to a potential case. If you have been questioned or told that you are being reported, speak to us before providing further explanations or responding to subsequent correspondence.
3. c2c may investigate your previous journeys
An investigation may extend beyond the journey on which you were stopped. c2c says it uses ticketing and passenger data to identify suspicious activity and patterns of potential fare evasion, including passengers who may have avoided paying for all or part of previous journeys. It also states that persistent fare evaders can be prosecuted for historic incidents as well as the journey on which they were caught. We can review your ticket-purchasing history, the journeys c2c may be investigating, what happened when you were stopped and anything you have already said to its Revenue Protection team. This allows us to understand the potential scope of the investigation before making representations on your behalf.
4. We prepare your representations and supporting mitigation
Once we understand the circumstances, we can prepare detailed representations to c2c, supported by any relevant evidence or mitigation. Each case referred to C2C’s Prosecutions Department is considered on its individual facts and merits. We can ensure that your circumstances are clearly explained and that relevant mitigation is presented before a decision about further action is made.
5. We seek an out-of-court settlement
Importantly, prosecution is not the only option available once a case reaches c2c’s Prosecutions Department. c2c’s own policy specifically lists an out-of-court settlement involving financial compensation as one of its enforcement options. Where appropriate, we can negotiate directly with c2c with the aim of securing an out-of-court settlement and avoiding criminal prosecution. If you instruct us early enough, we may be able to short-circuit parts of the usual process by proactively making representations rather than waiting for c2c’s investigation to progress through each stage.
6. If c2c is considering prosecution, we continue making representations
If the matter cannot initially be resolved, c2c’s Prosecutions Department can pursue the case in the Magistrates’ Court. More serious matters can also be referred to British Transport Police. c2c states that ticket fraud can be prosecuted under the Fraud Act 2006, while other forms of fare evasion can be prosecuted under railway legislation. It also specifically identifies persistent fare evasion, fraudulent refund requests, Delay Repay fraud and short-faring among the behaviours it targets. If your case has reached this stage, we can review the evidence and continue making representations where there is an opportunity to seek an alternative resolution.
7. If court proceedings have started, we can represent you
If c2c has already started court proceedings, contact us as soon as possible. We can review the allegations and evidence, advise you on your options and represent you throughout the proceedings. Where appropriate, we can also assess whether there remains an opportunity to approach c2c’s Prosecutions Department about resolving the matter before the case concludes.
