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Fare Evasion: Discontinued after Successful negotiations - South Eastern Railway Prosecution Stopped

Our client, a recent university graduate at the early stages of his professional career, was found to have repeatedly purchased incorrect train tickets over a period of time. Although he consistently paid for travel, the tickets he bought were not valid for the full journeys undertaken. This resulted in the underpayment of fares amounting to over £700.

On one occasion, our client was stopped by Revenue Protection Officers at London Bridge Station. He presented a ticket from London Terminals to Lewisham and claimed he had travelled in the opposite direction by mistake. Upon further questioning, he admitted to starting his journey at a different station and explained that he had misunderstood the ticketing rules. Officers then reviewed his Trainline account and found a pattern of similar ticket purchases, giving rise to the suspicion of fare evasion.

As a result, our client was prosecuted under Section 5(3)(b) of the Regulation of Railways Act 1889, which states:

“Having paid the fare for a certain distance, knowingly and wilfully proceeds by train beyond that distance without previously paying the additional fare for the additional distance, and with intent to avoid payment thereof.”

Despite having no previous convictions or disciplinary history, our client was not initially offered an opportunity to resolve the matter outside of court. In an attempt to address the situation, he contacted the train company directly and submitted a letter containing allegations of misconduct by the officers involved. Unfortunately, this aggravated the matter and made the prosecution less willing to consider an informal resolution.

Concerned about the serious impact a conviction would have on his future employment and professional prospects, the client then sought our legal advice. We took full instructions and liaised directly with the prosecutor handling the matter. Although there was initial resistance to resolving the case informally, we presented detailed mitigation by writing to the prosecution team and negotiating with them over the phone on our client’s behalf and highlighted his early admissions, cooperation, and genuine remorse.

Following our representations, we successfully persuaded the prosecutor to agree to an out-of-court settlement of £725.26. The case was formally discontinued, and our client avoided both a court appearance and a criminal conviction.

This outcome enabled our client to move forward without a lasting mark on his record, preserving his future career opportunities.

 

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