Southeastern prosecution letter response advice

[Katiefly]

Hi,

I would like to get some advice on the responses that due to be replied to the letter received from prosecution department of southeastern.

I evaded a ticket from Surrey to London Bridge and instead wrongly bought the return ticket between London Bridge and Deptford as I was going to Deptford later that night. My ticket didn’t work and got stopped at barrier. They asked my home postcode and found out I don’t live in Deptford and told me to tell the truth so everything will be okay. So I did and they recorded it as witness evidence. Before I leave, the person reported me told me that I won’t be prosecuted as long as I agree with out of court settlement offer. But after reading all the threads in this forum I’m struggling to not worry.

To be able to settle this out of court, would below response be effective?

“I am terribly sorry for the inconvenience that has caused to your administration and ashamed with my error of judgment. I was out of jobs from June to Aug so this foolish idea had emerged in my mind. I have now fully realised my fault. I have done a deep self reflection and I can guarantee that this won’t happen again. I would be more than willingly to settle this out of court with the amount of appropriate compensation to be contributed to your administrative costs and owed fares, and If you could take into consideration that this is my first and last time taking offence and I was actively engaging with the reporting officer at the time of recording M11. A criminal record could send me off the country and separate me and my partner that is something I really cannot afford. I have been lawful in the past it’s only this time that I made a shockingly foolish decision. “

Please feel free to edit. Thanks for your advice and help.

 

[Hadders]

Welcome to the forum!

Can you post up a copy of the letter you have been sent but do cover up any personal details ar=nd case reference numbers. This is so that we can check exactly what they are asking.

Southeastern are generally one of the more pragmatic train companies to deal with when it comes to this sort of thing and I'd normally expect you to be offered an out of court settlement if you engage with the process. This typically costs around £100-£150 plus the fare avoided. An out of court settlement might appear to be a fine but it isn't - only a court can impose a fine as a punishment following conviction. You won't have a criminal record as a result of paying an ouyt of court settlement. Southeastern could decide to prosecute you in the Magistrates Court, it's their decision whether to do so or not, but they will normally offer an out of court settlement if you co-operate with them and haven't come to their attention before.

You say in your draft reply that this is the first time you have done this. Be aware that Southeastern can research your online ticket purchasing history so if you have done this before don't say it's it's the first time you've done it (for clarity, I'm not saying you've done this before).

Your letter could do with a bit of refinement but forum member can look at that if you can post a copy of the letter so we know what has got to be answered.

 

[Katiefly]

Welcome to the forum!

Can you post up a copy of the letter you have been sent but do cover up any personal details ar=nd case reference numbers. This is so that we can check exactly what they are asking.

Southeastern are generally one of the more pragmatic train companies to deal with when it comes to this sort of thing and I'd normally expect you to be offered an out of court settlement if you engage with the process. This typically costs around £100-£150 plus the fare avoided. An out of court settlement might appear to be a fine but it isn't - only a court can impose a fine as a punishment following conviction. You won't have a criminal record as a result of paying an ouyt of court settlement. Southeastern could decide to prosecute you in the Magistrates Court, it's their decision whether to do so or not, but they will normally offer an out of court settlement if you co-operate with them and haven't come to their attention before.

You say in your draft reply that this is the first time you have done this. Be aware that Southeastern can research your online ticket purchasing history so if you have done this before don't say it's it's the first time you've done it (for clarity, I'm not saying you've done this before).

Your letter could do with a bit of refinement but forum member can look at that if you can post a copy of the letter so we know what has got to be answered.

Hi thanks very much for your reply. I’ve not received the letter yet thought to get ready for it while waiting for advice in the forum. I did a few half fare spent trips in July but had been lawful before that. Probably I can’t say it’s my first time then.. this is the first time I’m reported tho. In M11 it only recorded my statement of admitting this journey.

 

[Hadders]

Hi thanks very much for your reply. I’ve not received the letter yet thought to get ready for it while waiting for advice in the forum. I did a few half fare spent trips in July but had been lawful before that. Probably I can’t say it’s my first time then.. this is the first time I’m reported tho. In M11 it only recorded my statement of admitting this journey.

Ok thaks for confirming. I'd wait until the letter arrives, then post up a copy in this thread and we will be happy to assist.

 

[Katiefly]

I’ve received it. I don’t see a section where it asks for my reasons or my side of story?

 

[Titfield]

I’ve received it. I don’t see a section where it asks for my reasons or my side of story?

The section is on the reverse (ie the other side of the letter / sheet of paper).

 

[Katiefly]

The section is on the reverse (ie the other side of the letter / sheet of paper).

Thanks

Ok thaks for confirming. I'd wait until the letter arrives, then post up a copy in this thread and we will be happy to assist.

Do you think what should I reply? Do I need to hire a solicitor? Thanks a lot

 

[Fawkes Cat]

The section is on the reverse (ie the other side of the letter / sheet of paper).

And the wording they use is where it says 'making any comments about the incident on the reverse'.

 

[Katiefly]

And the wording they use is where it says 'making any comments about the incident on the reverse'.

Thanks. They’ve made me to admit it at the time and now I’m worried they will prosecute me. What should I do

What should I reply? Should I speak to a solicitor?

 

[Danberto]

You do not need a solicitor as if approached the right way, South Eastern railways will almost certainly offer you an 'out of court settlement'. If you decide to pay this, the matter is effectively closed, you won't face court, you will not have a criminal record. A solicitor would be an added expense that is not required.

With regards to the letter contents, you should follow the good advice that is frequently given in these forums. Use the search function with the term Hadders.

In post #2 it was stated what the costs of the out of court settlement will probably be.

 

[Katiefly]

You do not need a solicitor as if approached the right way, South Eastern railways will almost certainly offer you an 'out of court settlement'. If you decide to pay this, the matter is effectively closed, you won't face court, you will not have a criminal record. A solicitor would be an added expense that is not required.

With regards to the letter contents, you should follow the good advice that is frequently given in these forums. Use the search function with the term Hadders.

In post #2 it was stated what the costs of the out of court settlement will probably be.

Thanks very much. I have drafted below, please advise on any amendments.

“On the 29th of Aug, I made a terrible error of judgement to not buy a full ticket travelling from R to London Bridge. Instead, I bought a return ticket from Deptford to London Bridge where I will be going for an appointment (postcode in Deptford) on the way back. I went home from Deptford afterwards by taxi to EastCrydon and from there to R where a full valid ticket purchased. I had been off work (out of jobs) before then for two and half months which had sent my stress level to a new high altitude that such a foolish idea was forced to emerge. I have done a deep self reflection and I can guarantee that this will not happen again. I would be more than willingly to settle this out of court with the amount of appropriate compensation to be contributed to your administrative costs and owed fares, and If you could take into consideration that this had happened during my unemployment and I have a good track of records of paying fares, and I have straightened myself since then. A criminal record could result in my visa refusal and break our family apart. I hope i could be given a second chance.

Just realized that it might be more concise if I break up the paragraphs..
I’ve written another one with some information added..

“Dear members of staff of Southeastern Railway,

On the 29th of Aug, I made a terrible error of judgement to not buy a full ticket travelling from R to London Bridge. Instead, I bought a return ticket from Deptford to London Bridge because I needed to go for an appointment (postcode in Deptford) on the way back. I went home from Deptford afterwards by taxi to EastCrydon and from there to R where a full valid ticket purchased.

I sincerely apologise for my behaviour that I learned later after the incident that this could cause financial losses to you company and overhead accounts.

In order to demonstrate my determination of not letting it happen again, I have been abiding by your Revenue Protection Policy since then and I will be continuously doing so. I am ready to compensate you with any administrative costs and short fares incurred due to my foolishness. It would be much appreciated if we could settle this out if court, as it could affect my visa decisions and employment which will increase hardships to my personal circumstances.

There are no excuses for my behaviour . I hope you could see that I have learned my lessons and I will ensure this will never happen again no matter under what personal circumstances - I was unemployed for two and half months at the time of this incident.

Your sincerely

 

[Danberto]

It may be just that different people have different styles but I'd:

1st para - state you made your error of judgement in not having valid tickets for your journeys on 29th August.

3rd para - take this out perhaps state that you will ensure that all journeys will in future be covered by valid tickets.

4th para - comment again on how sorry you are & ask them for an out of court settlement.

If you look at it from Southeastern's point of view; they are looking for reassurance that it won't happen again, you have appreciated the gravity of the situation and that you are apologetic.

When you consider that their offices deal with hundreds if not thousands of these matters, it will be a certainity that they will have heard of allsorts of reasons why the events happened as they did; don't bother potentially irritating them.

 

[Katiefly]

It may be just that different people have different styles but I'd:

1st para - state you made your error of judgement in not having valid tickets for your journeys on 29th August.

3rd para - take this out perhaps state that you will ensure that all journeys will in future be covered by valid tickets.

4th para - comment again on how sorry you are & ask them for an out of court settlement.

If you look at it from Southeastern's point of view; they are looking for reassurance that it won't happen again, you have appreciated the gravity of the situation and that you are apologetic.

When you consider that their offices deal with hundreds if not thousands of these matters, it will be a certainity that they will have heard of allsorts of reasons why the events happened as they did; don't bother potentially irritating them.

Thanks for your advice, it’s much appreciated. I will post the letter today and update later.

 

[Katiefly]

Hi guys I have received a letter offering to settle the matter out of the court. I just want to say thank you for all your generous help. It is much appreciated and I wouldn’t know how to cope with it mentally without knowing this forum.

Have a nice evening.

 

[island]

Hi guys I have received a letter offering to settle the matter out of the court. I just want to say thank you for all your generous help. It is much appreciated and I wouldn’t know how to cope with it mentally without knowing this forum.

Have a nice evening.

Thank you for coming back and updating us. May we ask how much the amount of the settlement was? It is useful to build up a list of these amounts so we can advise people in the future.

 

[Hadders]

Thanks for letting us know. We do pride ourselves on the quality of the information we give in this forum so it’s good to know that the result you managed to get was what we thought would happen.

 

[Katiefly]

Thank you for coming back and updating us. May we ask how much the amount of the settlement was? It is useful to build up a list of these amounts so we can advise people in the future.

Hi not a problem. The owed fare is £12.8 and they charged £150 for administrative costs.

Thanks for letting us know. We do pride ourselves on the quality of the information we give in this forum so it’s good to know that the result you managed to get was what we thought would happen.

Yeah I’m glad I was also advice on not hiring a solicitor it would have been expensive…!