4. We review the allegation and prepare your representations
Before responding to Chiltern, we will review what happened when you were stopped, the ticket or Railcard involved, any previous journeys being questioned and the correspondence you have received. We can then prepare representations explaining the circumstances of the case, addressing the allegation and providing relevant mitigation and supporting evidence.
Chiltern says that every case is considered individually and that relevant mitigating factors are taken into account when deciding how a case should be resolved. This makes the pre-prosecution stage an important opportunity to put forward your circumstances clearly and comprehensively.
5. We seek an out-of-court settlement where appropriate
Chiltern Railways’ published policy specifically states that it will generally try to settle fare evasion cases without taking passengers to court. An out-of-court settlement will typically require payment towards the fares avoided and Chiltern’s costs. However, Chiltern considers every case individually and there are circumstances where it may proceed directly to prosecution. Where appropriate, we can communicate and negotiate with Chiltern on your behalf, present your mitigation and seek to secure an out-of-court settlement before prosecution begins.
Although a settlement can never be guaranteed, instructing us early gives us more opportunity to intervene before Chiltern makes its final decision.
6. If Chiltern Railways decides to prosecute
If Chiltern Railways does decide to prosecute, you will be sent a court summons setting out details of the hearing, the evidence Chiltern Railways intends to rely on, and forms allowing you to enter your plea. Prosecutions may be brought under legislation including the Railway Byelaws 2005 or the Regulation of Railways Act 1889.
A successful prosecution can result in a criminal conviction and financial penalties. Chiltern Railways states that fare evasion charges under the Railway Byelaws 2005 can result in fines of up to £1,000, while charges under the Regulation of Railways Act 1889 can carry a fine of up to £1,000 or, in more serious cases, up to three months imprisonment.
At Manak Solicitors, we can assess the circumstances around your case and advise you on the best options available. Where an out-of-court settlement is possible, we can negotiate on your behalf with the aim of avoiding prosecution. If your case does go to court, we can also provide legal advice and representation throughout the process.