Fare evasion allegations are no joke. While they may not always be considered a particularly serious matter, they can have damaging consequences for your finances, career, and reputation. In some cases, they can even lead to a criminal conviction. For those dealing with a fare evasion case, the threat of these consequences can cause many sleepless nights.
If you’re dealing with an allegation that carries the risk of prosecution, it’s essential that you arm yourself with the right support and information early in the process.
We deal with an array of Southeastern fare evasion cases, including:
- Purchasing tickets shorter than your journey.
- Purchasing tickets for only the start and end of a journey, without a ticket covering the middle part of the journey.
- Using a ticket with a railcard discount when you do not hold a railcard.
- Travelling with no ticket at all.
- Repeat offences.
Our approach combines extensive knowledge and experience of the general fare evasion legal process with an understanding of the specific rules and procedures followed by Southeastern Railway. We adapt our approach to reflect the policies of the operator and the circumstances of your case, helping us consistently deliver favourable outcomes for our clients.
Led by fare evasion specialist Samir Moftah, our team has extensive experience dealing with Southeastern Railway cases and representing clients where a conviction could have significant personal or professional consequences. This includes professionals working in law, medicine, finance, and the Civil Service, as well as foreign students concerned about the potential impact a conviction could have on immigration or citizenship matters.
1. Contact us as early as possible
You do not need to wait for Southeastern’s prosecutions team to contact you before speaking to us. If you have been stopped, questioned about your ticket or told that you are being reported, contact us as early as possible. Where appropriate, we can proactively approach Southeastern on your behalf before you receive formal correspondence.
This gives us more time to understand what happened, review what you said when you were stopped and begin preparing any supporting mitigation. Evidence such as letters from doctors, employers or other professionals can take longer to obtain than the deadline you may eventually be given to respond. Our solicitors have dealt with train company prosecutors for many years and can communicate directly with them on your behalf. In appropriate cases, early intervention may allow us to make representations and seek to resolve the matter before it progresses towards prosecution.
2. You may receive a Penalty Fare, Unpaid Fares Notice or be reported
What happens when you are stopped will depend on the circumstances. Southeastern operates a Penalty Fare scheme across its services and stations. Some staff can also issue an Unpaid Fares Notice, while suspected offences can instead be reported for potential prosecution.
If you are told that you are being reported rather than simply issued with a Penalty Fare, it is important to understand that the matter may be considered for criminal prosecution. We can review what happened and advise you on what the report means and what you should do next.
3. Southeastern may investigate the allegation and your travel history
Southeastern can use passenger information when detecting and investigating suspected fare evasion and fraud. Its privacy policy confirms that it may receive information from other train operators, fraud-prevention databases and the Rail Delivery Group, and that it uses machine learning to help detect unusual patterns associated with potentially fraudulent activity.
Depending on the circumstances, an investigation may therefore extend beyond the individual journey on which you were stopped. We can review any journeys or transactions being questioned, establish the circumstances surrounding them and advise you before you provide explanations or further information.
An example of the type of journey information a train operator may ask a passenger to review during a wider fare evasion investigation. This example is from another UK train operator.
4. You may be asked to provide an explanation
If Southeastern contacts you about an alleged offence, you may have an opportunity to explain what happened before a final decision is made. It is important to take this correspondence seriously and seek advice before responding. What you say during an investigation can potentially become relevant evidence if the matter subsequently proceeds to prosecution.
We can review the allegation and any evidence available, advise you on your position and prepare a carefully considered response on your behalf.
5. We prepare representations and seek to resolve the case
Once we understand the circumstances, we can prepare detailed representations to Southeastern on your behalf. These may explain what happened, address the alleged offence, provide relevant mitigation and include supporting evidence. Where appropriate, we can communicate directly with the prosecution team and seek to resolve the matter without it reaching court. An out-of-court resolution cannot be guaranteed, but involving us early gives us more opportunity to put forward your circumstances before a final prosecution decision is made.
6. If Southeastern decides to prosecute
If Southeastern decides to pursue prosecution, your case may proceed to the Magistrates’ Court. Depending on the circumstances, you could be prosecuted under the Railway Byelaws or the Regulation of Railways Act 1889. A conviction can result in a criminal record and a fine of up to £1,000, alongside any other costs imposed by the court.
At Manak Solicitors, we can assess the circumstances of your case and communicate with Southeastern on your behalf where necessary. While our first priority is to negotiate an out-of-court settlement where possible, we also ensure you have the advice, information, and representation required should your case go to court.
