1. Contact us as early as possible
You do not need to wait until you receive correspondence from Transport for Wales or Transport Investigations Ltd before speaking to us. If you have been stopped by a Revenue Protection Inspector, had your details taken or been told that your journey will be reported, contact us as soon as possible. Where appropriate, we can proactively approach the relevant investigation 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 they progress further.
Early intervention also gives us time to prepare mitigation and supporting evidence. Documents such as medical or professional letters can take longer to obtain than the deadlines you may subsequently be given.
2. TfW or Transport Investigations Ltd may investigate the incident
TfW works with Transport Investigations Ltd (TIL) as part of its revenue protection process. If you cannot produce a valid ticket, a Revenue Protection Inspector may take your name, address and explanation and record the incident on TfW’s revenue protection database. What happens next depends on the circumstances. You could receive a Failure to Purchase Notice, Penalty Fare or Fixed Penalty, while more serious cases may be referred for consideration of prosecution. If you have been contacted about suspected fare evasion, speak to us before providing a detailed response. What you say during an investigation can potentially affect how the case progresses.
3. We review the allegation and your journey history
We will establish exactly what TfW or TIL is investigating and advise you on your position. This may involve reviewing what happened when you were stopped, the ticket you held, your purchasing history, anything you said to the Revenue Protection Inspector and any subsequent correspondence. TfW identifies several circumstances where prosecution is more likely, including suspected fraud, providing false personal details, deliberately declaring a shorter journey than was actually travelled and repeat instances of travelling without a valid ticket. Understanding the full circumstances allows us to identify any relevant mitigation and determine the best approach to your case.
4. We prepare your response and supporting mitigation
Once we understand the allegation, we can prepare detailed representations on your behalf and provide appropriate supporting evidence. TfW specifically states that TIL encourages passengers to provide mitigating circumstances before a decision is made about the next course of action and allows 21 days to respond. Our aim will be to present your circumstances as effectively as possible and, where appropriate, persuade TfW or TIL that prosecution is unnecessary.
5. We seek an out-of-court settlement where appropriate
Depending on the circumstances, it may be possible to resolve a TfW fare evasion case without going to court. TfW’s Revenue Protection Policy specifically provides for the possibility of an out-of-court settlement, although this is subject to the individual circumstances of the case. We can communicate and negotiate on your behalf, with the aim of securing an appropriate resolution and avoiding prosecution wherever possible. If you instruct us at an early stage, we may be able to short-circuit parts of the normal process by making representations proactively rather than waiting for the investigation to progress through each stage.
6. If TfW is considering prosecution, we continue making representations
TfW states that recurring offences, unpaid outstanding charges and failure to provide correct details can result in an individual case assessment and potential prosecution. Direct prosecution is particularly likely where there is alleged fraud, false personal details, short-faring or repeat offending. If your case has already reached this stage, it is still important to obtain advice quickly. We can review the allegations and evidence and determine whether further representations can be made to seek an alternative resolution.
7. If you receive a court summons, we can represent you
If TfW decides to prosecute, you may receive a court summons allowing you to present your case at the Magistrates’ Court or submit a written plea. We can review the charges and evidence, advise you on your options and represent you throughout the proceedings. We can also assess whether there remains an opportunity to approach the prosecution team about resolving the matter before the case concludes.
