1. Contact us as early as possible
You do not need to wait for Great Western Railway to contact you before speaking to a solicitor. 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 GWR’s Prosecutions Department on your behalf before you receive formal correspondence. Our solicitors have dealt with train company prosecutors for many years, and early intervention can allow us to begin discussions sooner and seek an out-of-court resolution without waiting for the normal investigation process to progress.
It also gives us valuable time to understand what happened and prepare any supporting mitigation. Evidence such as letters from doctors or other professionals can take longer to obtain than the response deadlines you may subsequently be given.
2. You may be reported to GWR’s Fraud or Prosecutions Department or interviewed under caution
If GWR believes you have travelled without a valid ticket, the action it takes will depend on the circumstances. You may be issued an Unpaid Fare Notice or Penalty Fare Notice, or the matter may be considered sufficiently serious for you to be interviewed under caution. GWR states that more serious incidents can be reported to its Fraud or Prosecutions Department for consideration.
An interview under caution is more serious than an ordinary conversation about your ticket. The real GWR correspondence provided to Manak shows that passengers can be formally invited to a voluntary interview under caution as part of an investigation. You have the right to obtain legal advice, including if the interview has already begun.
3. Speak to us before attending a GWR interview under caution
If you have been invited to an interview under caution, contact us before attending or responding. We can review the allegations, your ticket history and the circumstances surrounding the journeys being investigated and advise you on how to proceed. Depending on the circumstances, we may also be able to approach GWR directly and make representations on your behalf with the aim of resolving the case without the need for you to attend an interview.
This can be particularly important where GWR is investigating allegations of repeated short-faring, buying tickets only when challenged, misuse of a Railcard or a wider pattern of journeys.
4. We prepare your case and make representations to GWR
We will review the circumstances of your case, including what happened when you were stopped, anything you have already said to GWR, your ticket-purchasing history and any evidence relevant to the allegation. We can then prepare detailed representations and supporting mitigation on your behalf and communicate directly with GWR’s Prosecutions Department. Where appropriate, our aim will be to secure an out-of-court settlement and avoid prosecution.
5. GWR’s Prosecutions Department reviews the case
Where someone has been interviewed under caution, GWR states that a report is sent to its Prosecutions Department, which reviews the facts before contacting the passenger in writing. This is why early legal advice can be particularly valuable. Rather than waiting for GWR’s investigation to reach this stage, we may be able to become involved earlier, prepare your mitigation and make representations before a prosecution decision is made.
6. If GWR is considering prosecution, we continue negotiations
If the case has not been resolved, GWR may progress towards prosecution. GWR states that if a matter is not resolved, the passenger may ultimately receive a summons requiring them to attend court. If you have already received correspondence from GWR’s Prosecutions Department, contact us as soon as possible. We can review the evidence and allegations and, where appropriate, make further representations seeking to resolve the case without court proceedings.
7. If court proceedings have started, we can represent you
If GWR has already started proceedings, we can review the charge and evidence, advise you on your options and represent you throughout the case. Depending on how far the case has progressed, we can also assess whether there remains an opportunity to approach GWR to seek an alternative resolution before the matter is concluded at court.