Southeastern Trains Prosecution

You may have received an initial letter from Southeastern trains, telling you that the matter has been ‘provisionally authorised for prosecution’. Or you may have received the Single Justice Procedure court paperwork, notifying you of the court date. 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 plans. 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.

You can read reviews for our Southeastern Trains prosecution representation work at the bottom of the page [click here]. 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 fareevasion@reeds.co.uk.

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

What should I do if I receive the initial letter from Southeastern Trains?

The letter gives you 7 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. You can see an example of the Southeastern Trains prosecution letter at the bottom of this page. Click here to be taken to the example letter.

What should I do if I have received a court summons?

Southeastern trains usually prosecute their cases at Bexley Magistrates’ Court, although some cases are prosecuted at Sevenoaks. 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).

Why would Southeastern trains prosecute me over such a low amount?

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.

What fare evasion offences could I be prosecuted for?

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.

Could I end up with a criminal record?

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.

How can a specialist Solicitor help me?

We have a vast amount of experience in a wide range of fare evasion cases. Our fare evasion solicitor has 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.

With the right approach, we are often able to resolve these matters on your behalf. 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.

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 Single Justice Procedure paperwork, 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 fareevasion@reeds.co.uk.

Example of Southeastern Trains Prosecution Letter

Southeastern Prosecutions Letter Text

Southeastern Prosecutions

PO Box 601

ASHFORD

TN23 9XZ

[Date]

[Reference Number]

Dear [NAME],

On [DATE] you gave your details and was questioned by a member of rail staff with regard to an incident on Southeastern. The matter has been provisionally authorised for prosecution. To safeguard the interests of its fare paying customers, Southeastern policy is to prosecute all those who have been reported for alleged fare evasion.

Before I proceed further, I invite you to respond by completing in full the bottom section of this letter, making any comments about the incident on the reverse, and send it to the above address within seven days.

You can also contact the prosecutions team at: Prosecutions.team@southeasternrailway.co.uk

If you were not the person stopped then please respond to the address or the email given. Please be aware that Southeastern uses Body worn video, CCTV and various software packages to combat fraudulent travel. Any fraudulent replies to this letter may result in further criminal proceedings.

Failure to respond will lead to the matter being progressed without further notification.

Signed

[Signature]

On behalf of the Prosecutions Manager

DO NOT SEND ANY PAYMENTS TO THIS OFFICE

Surname if different from above (BLOCK CAPITALS):

Forenames if different from above(BLOCK CAPITALS):

Date of Birth:

Address if different from above:

Postcode:

Telephone Number:

Occupation:

NI Number:

Signature:

Date:

Southeastern is the trading name of SE TRAINS LIMITED. Registered in England under company number 03266762 Registered Office address: 4 More London Riverside, London SE1 2AU.