1. Contact us as early as possible
You do not need to wait until you receive a letter from the GTR Fraud or Prosecutions Team before speaking to us. If you have been stopped on a Thameslink, Southern, Great Northern or Gatwick Express service, had your details taken or been told that the incident will be reported, contact us as soon as possible. Where appropriate, we can proactively approach the Prosecutions Team 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 matters before the usual prosecution process progresses further.
This can also give us valuable time to prepare mitigation and supporting evidence. Documents such as medical or professional letters can take longer to obtain than the deadlines provided once formal correspondence arrives.
2. The incident may be reported to the Prosecutions Team
Not every ticket issue results in prosecution. Depending on the circumstances, you may receive a Penalty Fare or the member of staff may complete a Ticket Irregularity Report and refer the matter to the Fraud or Prosecutions Team. GTR’s published guidance confirms that passengers who are reported will subsequently be contacted and given an opportunity to explain what happened. If you have been given a slip or told that the Prosecutions Team will contact you, you do not necessarily need to wait for that correspondence before getting legal advice. We can review what happened when you were stopped, what you told the inspector and the circumstances surrounding the journey before advising you on the next steps.
3. You may receive a Notice of Intention to Prosecute
If the matter progresses, you may receive a Notice of Intention to Prosecute, which will outline the alleged offence and potential consequences and gives you 14 days to provide information and mitigation before GTR decides whether to prosecute. GTR’s own guidance similarly tells passengers receiving this type of notice to provide their explanation, mitigation and any relevant supporting documentation to the Fraud or Prosecutions Team. We recommend speaking to us before responding. This can be an important opportunity to put forward your circumstances and seek to prevent the case progressing to court.
4. We review your case and prepare detailed representations
We will review the allegation, what happened when you were stopped, the ticket or Railcard involved, any relevant journey or purchasing history and anything you have already told GTR. We can then prepare detailed representations setting out your circumstances and any relevant mitigation, supported by appropriate evidence. Getting us involved early gives us more time to build those representations rather than trying to gather important evidence within a short response deadline.
5. We seek an out-of-court settlement
Our aim, where appropriate, will be to persuade the Fraud or Prosecutions Team that the matter can be resolved without criminal proceedings. GTR expressly confirms that, after considering an inspector’s report and any explanation, mitigation or supporting documents, it may offer to settle a case outside of court. The settlement can include the outstanding fare together with a contribution towards the Fraud or Prosecutions Team’s administration costs. We can negotiate directly on your behalf and seek an out-of-court settlement where the circumstances allow.
If you contact us soon after being stopped, we may also be able to short-circuit parts of the usual process, approaching the Prosecutions Team proactively rather than waiting for the investigation to progress through each stage.
6. If prosecution is being considered, we continue making representations
If the initial representations do not resolve the matter, GTR may decide to prosecute. Its published Revenue Protection Policy confirms that it prosecutes criminal fare evasion and offences under the Railway Byelaws. If you have already received a Notice of Intention to Prosecute, contact us as soon as possible. The case material supplied to Manak describes this stage as usually the last real opportunity to influence the decision to charge before court proceedings begin. We can assess the evidence, strengthen any previous representations and continue negotiating with the Fraud or Prosecution Team where there remains an opportunity to resolve the case.
7. If you receive a court pack, we can represent you
If the matter is not resolved and proceedings are commenced, you may receive a court pack. GTR’s own guidance confirms that passengers who receive one will need to complete and return the relevant documents to the court. At this stage, we can review the charge and evidence, advise you on your plea and options, and represent you throughout the proceedings. We can also consider whether there remains an opportunity to approach the prosecution team about resolving the matter before the case concludes.
