We’re a team of fare evasion solicitors with years of experience helping customers navigate the challenges of fare evasion allegations from South Western Railway.
Led by industry specialist Samir Moftah, our solicitors take a bespoke approach to fare evasion resolution, evaluating the unique factors of each case and using the rules and regulations of each company to inform our approach. This has enabled us to help thousands of clients achieve the best possible outcome when facing fare evasion allegations and potential prosecution.
With a proven track record of successfully negotiating with train operators and securing out-of-court settlements, we help clients avoid the stress and potential consequences of court proceedings where possible, while arming them with the knowledge they need to make informed decisions at every stage of their case.
1. Contact us as soon as you are stopped or become aware of an investigation
You do not need to wait for South Western Railway’s Prosecutions Department to contact you before speaking to us. If you have been stopped by a Revenue Protection Officer, questioned about your ticket or told that you are being reported, contact us as early as possible. Where appropriate, we can proactively approach South Western Railway on your behalf before you receive formal correspondence.
This can give us an opportunity to understand what happened, begin preparing mitigation and potentially open discussions with SWR at an earlier stage. Our solicitors have dealt with train company prosecutors for many years and have established professional relationships that allow us to communicate directly on our clients’ behalf.
Early contact also gives us valuable time to gather supporting evidence. Documents such as letters from doctors, employers or other professionals can take longer to obtain than the deadline you may eventually be given to respond.
2. A Travel Irregularity Report may be submitted
If an SWR Revenue Protection Officer suspects that an offence has been committed, they may question you about your journey and complete a Travel Irregularity Report. SWR states that its revenue protection staff may caution passengers under the Police and Criminal Evidence Act 1984 (PACE) in some circumstances. Information about the incident is then submitted to its Prosecutions Department for consideration.
What was said when you were stopped can therefore become important if the matter progresses. We can discuss exactly what happened, what questions you were asked and what answers you provided before advising you on the next steps.
3. SWR may investigate your wider journey history
South Western Railway may contact you after reviewing the original incident and, depending on the circumstances, investigate other journeys or ticket purchases.
The real SWR correspondence provided to Manak shows its investigator identifying other potential inconsistencies in a passenger’s ticket-purchasing history and supplying a spreadsheet of journeys for them to review. The passenger was asked to provide details of tickets and railcards alongside any other relevant information or mitigation.
SWR also publicly says it uses a data-led approach to fare evasion and works with ticket retailers such as Trainline, which can share purchasing history where SWR has reason to believe someone has avoided paying the correct fare. We can review the journeys being questioned, identify potential issues and advise you before information is provided to the investigator.
4. Be careful when corresponding with the investigator
If you receive an email or letter from an SWR investigator, it is important to seek advice before responding. The correspondence may initially feel relatively informal, but the information you provide can become important evidence if the case progresses. The real case material supplied to Manak shows a passenger corresponding directly with the investigator about their journey history and providing explanations about their ticket use. The bundle specifically notes that informal admissions made during this stage can later be relied upon in prosecution proceedings.
We can communicate with SWR on your behalf, help establish the relevant facts and prepare a carefully considered response supported by appropriate mitigation.
5. We can make representations and seek an out-of-court settlement
Once we understand the allegation and have reviewed the available evidence, we can make representations directly to South Western Railway on your behalf. This may include explaining the circumstances, addressing any journeys being investigated, presenting mitigation and supplying supporting evidence. Where appropriate, we can seek to resolve the matter without prosecution through an out-of-court settlement.
Instructing us early may also allow us to short-circuit parts of the usual process, rather than waiting for the investigation to progress through further correspondence and potentially prosecution. An out-of-court settlement cannot be guaranteed, but our aim is to put forward the strongest possible representations before SWR makes its final decision.
6. If South Western Railway decides to prosecute
SWR states that it may prosecute serious or persistent fare evasion. If your case cannot be resolved beforehand and prosecution is commenced, we can continue representing you. We can review the prosecution evidence, advise you on the allegation and your plea, identify any issues with the evidence and prepare mitigation where appropriate.
The earlier you contact us, the more opportunity we generally have to intervene before the matter reaches this stage.
