Southeastern Trains Prosecution

You may have received an initial letter telling you that Southeastern trains are ‘reviewing your case and may consider pursuing a prosecution’. Or, your matter may have escalated to a court summons, notifying you of a hearing at Bexley, Bromley or Medway Magistrates’ Court. Contacting a fare evasion solicitor early can prevent a criminal record.

We understand that it is deeply concerning to face a prosecution, especially if a criminal record could have an impact on your job, future career plans or travel. Reeds Solicitors specialise in this area and have an excellent track record in securing out of court settlements, avoiding any form of criminal record. What’s more, it does not matter where in the country you are – we can conduct all our meetings virtually.

If you have been issued with a ‘Witness Statement MG11’ by the inspector, we are also able to contact the Southeastern prosecution team proactively, even before you have received the initial letter.

What’s more, it does not matter where in the country you are – we can conduct all our meetings virtually. For further information, consider reading our ‘fare evasion’ page.

Reeds Solicitors is an award winning and leading top-tier criminal defence firm. For legal advice and representation, please contact us through our contact page here. Alternatively, you can phone 0333 240 7373, or email us at [email protected].

For more information about Southeastern Trains Revenue Protection Policy, see their website here.

 

Case Studies and Testimonials for Reeds Solicitors

Case study 1 – Travelling on a Partial Ticket

P was caught traveling with a ticket, which only covered part of the journey into London Bridge station. He received the initial letter from Southeastern and replied but did not receive a response. He later received a summons, with a court appearance at Bexley Magistrates’ Court. He was concerned because his train history showed that he had been purchasing ‘short tickets’ over an 8-month period. Reeds Solicitors submitted representations on his behalf to Southeastern, carefully considering how to address the previous journeys and outline the client’s relevant mitigation points.
Southeastern agreed to offer an out of court settlement and the case was withdrawn. The client received no form of criminal record.

Case study 2 – Travelling without a Train Ticket

B travelled into London without purchasing a ticket. He boarded the train at his local station, where there were no barriers. When he arrived into London Bridge, he exited through an open barrier, although he was caught by a Revenue Protection Officer. He had been doing the same thing for over a year. B was extremely concerned about being prosecuted because had just started a new job in the finance industry. Reeds Solicitors submitted representations, making a careful judgment about which points to include in the representations and which aspects to leave out. Southeastern train offered an out of court settlement to resolve the matter.

Case study 3 – Travelling with ‘Sandwich’ Tickets

C purchased two tickets for each journey – one to get through the barrier onto the train and another to get through the barrier on arrival in London, with the middle part of the journey missing. This is known as ‘sandwich tickets’. C also gave incorrect details about her name, which was subsequently discovered by Southeastern. Reeds Solicitors submitted detailed representations, with various supporting documents. The Southeastern prosecutor said that they would normally prosecute this type of case but that they were persuaded by the mitigation to offer an out of court settlement on this occasion.

 

Often, obtaining legal advice at an early stage is crucial. For legal advice and representation, please contact us through our contact page here. Alternatively, you can phone 0333 240 7373, or email us at [email protected].

 

 

 

Nathan Seymour-Hyde - Reeds Solicitors
Nathan Seymour-Hyde

Partner & Solicitor

Meet the team

How Can a Specialist Solicitor Help Me?

We have a vast amount of experience in a wide range of fare evasion cases, including those involving shorts tickets, misapplied railcards, edited tickets and ‘paying when challenged.’

Our fare evasion solicitors have worked on countless cases involving Southeastern trains, and we also have direct contact details of the relevant decision makers which greatly assists in resolving matters promptly.

The starting point would be to arrange a virtual meeting, where we can obtain all of the information and background about the matter. Then will can draft written representations on your behalf, seeking an out of court settlement.

If there are previous ticket issues within your Trainline account, we would need to carefully consider whether these will be identified by Southeastern and if so, how to address them.

With the right approach, we are often able to resolve these matters on your behalf, avoiding any form of criminal record. We have an excellent track record of preventing criminal prosecutions in these cases. We offer fixed fees which cover all of the work involved – so you have complete clarity in terms of costs.

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FAQ

The letter gives you 21 days to reply to Southeastern trains. This is an opportunity to outline any relevant mitigation and address the circumstances of the ticket infraction. As part of our service, we would take over conduct of the matter and reply on your behalf to Southeastern trains, seeking an out of court settlement.

Detailed and persuasive written representations would be submitted and we would consider whether any supporting documents could increase your chances of success.

Southeastern trains are able to apply to trainline to view your ticket purchasing history. If further ticket issues would be revealed, we would need to carefully consider how to address this in the representations. To see an example of the letter please click here.

Southeastern trains usually prosecute their cases at Bexley Magistrates’ Court, although some cases are prosecuted at Medway, Bromley or Sevenoaks courts. The court summons may give you 21 days to enter a plea, or there may be a specified date in which you must attend court.

In order to avoid a conviction, our fare evasion solicitor would need to convince Southeastern trains to withdraw the court summons and offer an out of court settlement instead. Again, this involves outlining relevant mitigation and addressing any issues with the ticket infraction(s). Once the settlement is paid, you will not need to attend the court hearing.

Generally, 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.

Southeastern privately prosecute under two offences, depending on the circumstances:

s.5(3) of the Regulation of Railways Act 1889 – Intentionally Travelling on the Railway Without Having Paid the Fare.

This is the most common charge. The allegation is that you have intentionally travelled without paying the correct fare. Typically, this may involve ‘short tickets’ which do not cover the full journey or ‘sandwich tickets’ where the middle part of the journey is not covered by the tickets.

Railway Bye Law 18(1) & 17(1)- Entering a Train for the Purpose of Travel Without a Valid Ticket.

Southeastern will prosecute under this offence if a penalty fare has been issued and then the commuter has failed to pay it.

 

 

Yes. If you plead guilty to the offence in the court paperwork, or if you are found guilty – you will receive a criminal conviction.

A conviction under s.5(3) of the Regulations of Railways Act would appear on a Standard and Enhanced DBS certificate for 11 years. This could have a serious impact on people in certain professions.

Unspent convictions also need to be disclosed on insurance and mortgage applications. Furthermore, there would be implications for visa applications.

After identifying a ticket issue, the Southeastern ticket inspector issues the person with a ‘Witness Statement MG11’. This signifies that they have decided to refer the matter to their prosecution team for review. In the coming weeks, an initial letter is sent out, inviting you to provide any mitigation, before a final decision is made. If you would prefer not to wait – Reeds Solicitors are able to contact Southeastern proactively, even before you have received the initial letter.