Incorrect ticket for train - Issued Report for prosecution.

Today I was travelling from Martins Heron to Waterloo for a new job I started in the previous week, in which I paid in full to travel into London. Today on a one off occasion, I brought a ticket from Clapham junction to London Waterloo to avoid the fair (very very silly I know). On arrival I was approached by an SWR employee after scanning my ticket at Waterloo. He said no one buys a ticket from Clapham to Waterloo as its in the contactless zone in London. I confessed to my wrong doing and was issued with a Report for prosecution notice. The reason for not buying the correct ticket was due to having in sufficient funds after coming off a couple of months out of work. I am really concerned that I will be prosecuted for this and I will get a criminal record against my name. The reason for issue was Short Fare (Station block).

Does anyone have any thoughts on this being an offence I would be prosecuted for and any guidance as to what to do next. I will be extremely grateful for any advice anyone has for me.

@NewTrainUser. Welcome to the forum. Yes, you could well be prosecuted. However, there's a reasonable chance you'll be able to negotiate a so called "out of court settlement" with SWR to avoid the case being taken to court, where, from what you've told us, you'd likely be found guilty and end up with a fine and court conviction.

If you engage positively with SWR, you can expect to be asked by them to pay the full unpaid Anytime Day Single fare (= £34) plus maybe £150 towards the train company's investigation and admin costs.

Assume you've provided them with a correct and up-to-date name and address for when they do write to you in due course. Also, that inspection of your online ticket purchasing history won't show any other similar, moody looking, short distance journeys.

Thanks for the reply. Do you think I have a decent chance of being offered an out of court settlement?

Should I be honest about buying the ticket before I got on the train or should I make out I merely forgot and brought a ticket on arrival to Clapham? Will they be able to see what time I brought the ticket?

I am really worried about being convicted!

NewTrainUser said:

Will they be able to see what time I brought the ticket?

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Yes. Lying to them is a very bad idea.

Seen and heard. I’ll tell them the truth and pray they have some sympathy!

What are the chances of me getting off with just a fine do you think?

NewTrainUser said:

What are the chances of me getting off with just a fine do you think?

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You really don't want to end up with a fine. That'll mean you've been taken to court and found guilty and as well as the fine you'll also have a conviction against your name. Only courts can issue fines.

In your circumstances, you'll be looking for the train company to offer you an "out of court settlement". They get to decide if they do. Play ball and they should. Tell them a load of nonsense and they might not do so.

As previously, you'll have to pay them the unpaid fare plus a contribution towards their investigation and admin costs. This, however, isn't a fine but will still cost you.

Thank you. Appreciate your advice.

Fingers crossed. Feeling very remorseful and apprehensive.

In normal circumstances, do you know how long SWR will take to send a letter?

NewTrainUser said:

In normal circumstances, do you know how long SWR will take to send a letter?

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Could be a couple of weeks. Or maybe a couple of months. Really depends on how busy they are just now.

Please feel free to upload a copy of the letter on here, as and when received. Please be sure to obscure or otherwise cover up your name and address and the case reference number (if any).

And just to mention again, assume you've provided SWR with a correct and up-to-date name and address for when they do write to you in due course.

Also, that inspection of your online ticket purchasing history won't show any other similar, potentially dubious, short distance journeys,?

Your stated location is in Berkshire, so it's unlikely anyone would successfully buy a Clapham Junction to Waterloo ticket from the Martins Heron ticket office. Which means you bought this ticket online.

Of course it may be you were caught the first time you tried this. Unlikely? Yes. Impossible? No. Only you know the answer. But SWR can and, very likely, will obtain your online purchase history and draw their own conclusions. They already have enough to prosecute you, so if they make an offer for you to pay what you owe them plus the cost of their investigation then I would take that offer very seriously to avoid being convicted and getting a criminal record.

Welcome to the forum!

We see lots of cases like this at the moment. SWR will write to you in the next few weeks, the letter will use quite threatening language and say they have received a report and are considering prosecuting you but asking for your version of events before they decide how to proceed. It is extremely important that you reply to this letter. I suggest you mention the following points in your reply:

- That you are sorry for what has happened
- What you have learned from the incident
- That you are keen to settle the matter without the need for court action
- Offer to pay the outstanding fare and the train company's administrative costs in dealing with the matter

SWR are normally prepared to offer an out of court settlement to people who co-operate with their investigation and who haven't come to their attention before. We cannot guarantee this - they are entitled to prosecute you in the Magistrates Court should they wish to do so.

SWR will be able to research your online ticket purchasing history so if you have purchased Clapham Junction to Waterloo tickets before they might ask you about these occasions as well.

If you are offered a settlement expect to have to pay an admin fee of around £150 plus the outstanding fare at the full Anytime rate with no credit given for the ticket you did purchase. An out of court settlement might appear to be a fine, but it isn't and you won't have a criminal record as a result of accepting one.

Feel free to post a copy of the letter once it arrives (with personal details redacted) along with your draft reply in this thread and forum members will be happy to proof read it for you.

Thank you! Do you know many people who have been prosecuted by the SWR?

NewTrainUser said:

Thank you! Do you know many people who have been prosecuted by the SWR?

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SWR regularly prosecute people but that's generally for people who ignore the letters they've been sent, or who don't co-operate with them.

If your case is a single caseof short ticketing, and you co-operate with them, then I'd be shocked if you're not offered a settlement.

Do I admit to my wrong doing in the response letter?

Or do I just apologise, tell them I’ve learnt my lesson, and ask for an out of court settlement?

NewTrainUser said:

Do I admit to my wrong doing in the response letter?

Or do I just apologise, tell them I’ve learnt my lesson, and ask for an out of court settlement?

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You'll need to wait and see what the letter from them says as this will inform the response.

NewTrainUser said:

Do I admit to my wrong doing in the response letter?

Or do I just apologise, tell them I’ve learnt my lesson, and ask for an out of

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Post #10 details how you should respond

NewTrainUser said:

Do I admit to my wrong doing in the response letter?

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You admitted it when stopped, so it doesn’t make any difference.

Thanks all! Really apprehensive. When I get the letter I think I’ll post and ask for some further advice!

NewTrainUser said:

Do I admit to my wrong doing in the response letter?

Or do I just apologise, tell them I’ve learnt my lesson, and ask for an out of court settlement?

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The two options you outline appear to amount to the same thing.