Thousands of private prosecutions for rail fare evasion take place across England and Wales each year. They are prosecuted via the Single Justice Procedure, which allows Magistrates to make decisions on cases, without Defendants being present.
Whilst this can speed up the legal process, unfortunately, it can also result in convictions being recorded, without the knowledge of the Defendant.
It can be deeply unsettling to know that you have lost your clean criminal record, especially when it can appear on criminal background checks, and require disclosure on visa applications.
If you find yourself in this position, it is crucial to know that the conviction can be reversed via the statutory declaration process. It may then be possible to negotiate an out of court settlement with the train company, avoiding any criminal conviction.
Reeds Solicitors are specialists in this area and can offer expert advice, as you try to navigate what can be a daunting and confusing process. We can offer virtual meetings, so we are able to assist you wherever you are in the country.
We are experts in this area and can offer advice on how to reverse the conviction via the Statutory Declaration process. Following this, we can make representations to the train company to settle the matter out of court.
It is essential to act quickly, because you only have 21 days to lodge a Statutory Declaration application once you have discovered the conviction. Otherwise, an out of time application will need to be made.
How Can Reeds Help With Statutory Declaration in Fare Evasion?
Fixed Fees
The starting point of our service is a virtual meeting, which includes:
Detailed guidance and advice about the full Statutory Declaration process
Advice on how to complete the relevant forms and outline the information in a clear and concise way
Advice on plea and seeking an out of court settlement
It is crucial to note that the court will ask you whether you plead guilty or not guilty at the Statutory Declaration hearing, and in prior paperwork. This needs to be handled in the right way in order to allow the opportunity to seek an out of court settlement once the case has been reopened.
Support Throughout
We also offer a fixed fee package to support you throughout the entire process, which includes:
The statutory declaration being sworn before one of our solicitors and served on your behalf to the court. This will remove the need for you to attend court in person.
Drafting the statutory declaration form on your behalf and submitting it.
Obtaining the original court summons from the court or prosecutor (if necessary) and completing the plea page.
Submitting representations to the train company, seeking to resolve the matter out of court and liaising with them throughout.
Chasing the Magistrates’ Court to expedite the process.
I would recommend them anytime. I was referred to Reeds by a friend and did not regret
contacting them.
Zoe and the team were friendly, reassuring and knowledgeable of all outcomes. I would recommend them anytime.
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27/11/2023
Exactly what a lawyer should be Zoe was flawless with my case from start to finish. She was well prepared, extremely familiar with the facts, and answered every question I had quickly and clearly. When I felt unsure, she reassured me quickly and made me feel calm and confident. I cannot recommend her work more highly - exactly what a lawyer should be.
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E.W.
13/10/2023
Transport Investigations Limited Matter - Great professional firm Very happy to have found this firm online. After reading the reviews and testimonials, I knew that Nathan Seymour-Hyde would be able to help me out - he did not disappoint. Turned around the whole situation in less than a week. Would highly recommend.
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S
20/02/2023
TFL matter - Expert Guidance From Nathan Many thanks to Nathan who expertly and professionally guided my son through the process of collecting essential mitigating evidence that he would not have been aware of. And of course, for presenting the evidence in a professional letter to TFL that resulted in his case being dropped. First class service.
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Graham
20/02/2023
Govia Thameslink matter Nathan is super helpful and solve my case within a week. Very professional and know what he need to do then give me the best advice. Very delightful experience highly recommend.
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Lucy
25/01/2023
TFL matter - Highly Recommend Nathan I received the help from Nathan Seymour-Hyde. He helped me regarding a fare evasion accusation. From start to finish, I had huge support from Nathan, he was very professional and sympathetic. Thanks to his work my case had a successful outcome.
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Maggie
20/01/2023
TFL 60+ matter I felt that from the very start that Nathan understood what I was going through. I had a requisition to attend court in 4 weeks and my mitigating circumstances for an OOC settlement vs TFL had already been rejected. Needless to say I had a very low chance of success at this point and had given up all hope. I approached Nathan and we went through numerous drafts, submitting more than 10 supporting documents. We were successfully able to settle out of court with TFL within a week of submission. I could not recommend Nathan enough, he is the best for fare evasion cases re TFL.
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F.N.
20/11/2022
Southeastern Trains Because I tried to avoid paying for the train fee and I was caught, the railway company opened a prosecution case on my name. My solicitor listened to my case, provided detailed information about what could be done, helped in structuring correctly the needed letters, and completing the other necessary procedures. Fortunately, my prosecution case was settled out of court, and I just had to pay a fine to the rail company, of around £350. This case had a successful ending only because of my solicitor, Mr. Nathan, who I am so thankful to.
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D.P.
09/11/2022
Transport Investigations Limited Above and beyond! Nathan Seymour-Hyde helped me with what was a somewhat unusual case - securing a much needed out of court settlement. I felt well informed throughout the whole process and it’s clear that Nathan’s expertise was the reason for the end result. I was well supported throughout the process with all my questions answered quickly and professionally. It’s clear Nathan cared about my case and I would 100% recommend this firm to anyone having similar issues.
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M.A.
10/10/2022
Southeastern Trains Nathan Seymour-Hyde was extremely professional and responsive in dealing with my train fare evasion matter. He displayed sound knowledge of how such matters are viewed by train companies and tailored an approach bespoke to my case to give the best chance for a successful outcome. Nathan showed an attention to detail in establishing the facts and was sympathetic to my circumstances. Nathan is personable, diligent and I felt reassured my matter was in safe hands. I am grateful for Nathan's service and I would highly recommend him to anyone seeking a solicitor.
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T.A.
20/09/2022
Northern Rail Nathan's advice was extremely valuable, and I am very glad I decided to get in touch with him for help. Northern Rail confirmed that they are offering me the opportunity of paying a fine with no criminal conviction. I'm extremely happy with this outcome - I was so distressed thinking about everything.
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M.A.
12/09/2022
TFL 18+ zip card Dear Nathan Seymour Hyde, thank you so much for representing me on my fare evasion case. I have managed to avoid a prosecution and get off with a warning, and it is all thanks to you that I can carry on with my future plans, unhindered by a criminal conviction. I am very grateful for all the hard work you've done.
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A.U.
10/09/2022
Transport Investigations Ltd Nathan helped us with a fare evasion case against our student son. It was a very anxious time for us as a family. Nathan responded quickly to our out of hours request and professionally and courteously explained the potential consequences, outcomes and next step actions. He spoke kindly to our son and listened patiently, gathering the necessary details to assist our response, which was required within tight deadlines. Nathan called at times to suit us and worked in the background with Transport Investigation Ltd to better understand the issues and to prepare our best defence. The letter and evidence drawn up and presented was successful in withdrawing a court appearance and avoiding a criminal record. Nathan’s expertise in this area was evident throughout and I would not hesitate to recommend Nathan for matters relating to fare evasion.
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S.A.
20/08/2022
Govia Thameslink I received a Notice of Intention to Prosecute from a train company saying that I would not only be fined but likely prosecuted for an invalidated ticket. Nathan at Reeds responded to me within hours of me contacting Reeds for help. He arranged a meeting for the next business day, we spoke at length not only about the incident but about my background, and within 24 hours he had resolved the issue with the rail company. I was impressed by Nathan’s communication, his efficiency and how quickly he conducted and concluded the matter. After this experience I would say that Reeds Solicitors do exactly what they promise they would.
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13/08/2022
Fare evasion - TFL matter From the moment I received a letter telling me that I was going to be prosecuted, my heart dropped. I didn't know what to do with myself. My heart was pounding non-stop. I didn't want to get convicted because of one silly mistake. So I went online, searching for help and I came across Reeds Solicitors LLP. They completely saved me. They put me in touch with Nathan Michael Seymour-Hyde and he was brilliant right from the start. Nathan was very knowledgeable, he knew exactly what he was talking about. He dealt with my case professionally and he was a pleasure to talk to. Nathan wrote to TFL on my behalf and they dropped my case thanks to his clear and polished email. Once again Nathan if you're reading this I want to thank you from the bottom of my heart! Thank you so much! I am extremely grateful for everything you done for me. Thank you for taking my case and helping me out.
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Ismail
13/12/1901
TFL Court Case Nathan was really helpful in advising me and committed to helping me out of this case, spending long hours perfecting my draft and was always approachable when I had concerns.
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FAQ
A common issue is when someone moves address before any correspondence or court paperwork is sent out by the train company. On other occasions, an individual may give the inspector an old address by mistake, or a typo is made when noting the address details. If paperwork is simply lost in the post, it will also result in the same outcome.
When a Defendant does not respond to the court paperwork, the prosecutor will ask the Magistrates to convict on the basis of the statements contained within the court papers.
When the financial penalty imposed by the court remains unpaid, the enforcement agency will seek to chase payment from the Defendant. During this process, they are often able to discover a more up-to-date address. This is why many people first become aware of the issue when they receive an Attachment of Earnings Order letter or Further Steps Notice.
A statutory declaration is a process whereby legal proceedings can be reopened if the Defendant was unaware of them at the time. If successful, the statutory declaration has the effect of restarting the case at the beginning of the proceedings.
Generally, the train operators prosecute under one of the following two offences:
Railway Bye Law 18(1) & 17(1)- Entering a train for the purpose of travel without a valid ticket.
The Magistrates record the criminal conviction at court when a Defendant does not reply to the court summons. This is allowed under the Single Justice Procedure.
The train companies argue that prosecutions are in the public interest because of the huge sums of money which are lost to the rail industry as a result of fare evasion. Prosecutions act as a deterrent, in theory discouraging others from evading their fares. It is also remarkably easy to generate a court summons.
If no reply is received to the initial letter sent by the train company, a court summons will inevitably follow.