An update on this. The case is now closed. we both attended interviews, did as was suggested here and were honest about the situation. This was followed up with the letter that has been suggested in so many threads previously. My season ticket was returned within a few days. Within a few days my wife also called up the Prosecutions Department and long and short we were offered an out of court settlement. for the record, they would have intended to prosecute with the Section 5 Intent to Avoid a Fare charge, which is what incurs the criminal record, so we are very glad we have been able to resolve this. Won't pretend that it was not a stressful period for both of us, and my wife was very remorseful of what occurred, but the only advice (which has been reiterated many times here) we can give is to be truthful and not too worry TOO much. Follow the advice on the forum and specifically if you get invited to interviews (not a lot of advice here around this), simply be straightforward and honest. PACE interviews are a standard process and there to protect the person being interviewed as well as allowing the prosecution team to clarify events and evidence. It's not the Sweeney. Stick to the facts. Many thanks to most of the advice that's been received, especially Old-codJA. Hopefully this is helpful advice to others in this position. I've seen a few other similar postings recently.

thanks dx100uk, I fully understand that everyone has their viewpoints on this. it makes it difficult to understand what to expect and advice to take.

So you are saying that they will be looking to try and convict both of us by the reporting to police? I don't think anyone would report their partner to the police in this situation. is it regular for prosecutions to try and convict both partners this way? It feels like a no win situation if they pushed for conviction based on lack of reporting to police. It makes me feel that I can't help but have to look for legal representation.

thanks, we both intend to attend the interview, but I was obviously curious as to the consequences of not, however we intend to cooperate fully, I was wondering though then in what situations a pre-prepared statement and use of No Comment would be needed? Also, now that we have the reference number is it worth us contacting them separately as others have separately to beg/plead for the vague chance of out of court, or best wait til after the interviews? so many questions, sorry

Thanks for this, Old COD-Ja, it's probably an obvious question with an obvious answer but if they are going to prosecute, what would be the outcome of not attending the interviews?

hi all, really looking forward to advice now, We've now finally received two letters from SWT, both with the same content asking both of us to attend an interview with opportunity to state mitigating factors concerned the alleged offence (which has not been detailed yet?). it's asking for both of us, not my wife only. the interview is also stated as under caution. the obvious questions are why they want to interview both of us? what would this achieve apart from satisfying how the ticket was used? what is meant by mitigating factors? are they looking to decide what to charge my wife with? should we look at legal representation? we are obviously very worried now, the waiting has been bad enough.

Just an update. It's now been nine weeks since the incident and nothing received as yet, seems a pretty long time.

Old-Codja and Noveum thanks for your response to this. My wife’s situation sounds very similar to yours Noveum. The situation in the first place is that my wife took my card on a rare night into London on a moment of madness in a rush as late for a train. We only moved out of London with our young boys last year and it was her first trip up to London, and the hectic nature of childrens bedtime led to a rash decision - one she will always regret. I didn’t give the card to her, I simply leave my wallet and travel card on the side, and she showed the card without the photo id. None of this is mitigating, or it sounds like should even be mentioned at any point when we do get the letter, but it gives the original context of what happened. No elaborate stories here. It’s her first offence of any kind, no history of anything even a speeding ticket, and is very remorseful about her actions, and clearly has no intention of doing this again. We are clearly very worried about the possibility of prosecution and any ability it might have on her future employment. She is not a bad person, but a rash decision may have an effect on her that may affect our family. I guess this is the same a lot of people have gone through. I’ve been reading up fully about how it might affect future employment and it’s clearly a worry. Please note Old-Codja and others I know this is not about myself, it probably came across the wrong way as this is coming from me, though anyone would be concerned about the overall ramifications and I guess I am doing the due diligence re advice for her by doing this forum to make sure that she does everything she can to try and avoid a conviction. She’s being very stoic about this, but I want to ensure she is best prepared to deal with what is to come in the coming weeks - hence wanting advice on here. I’ll keep this string updated.

would it help if I gave the fuller picture of what happened originally, or wait as i probably thought (bad idea) of waiting to explain once I get the letter? we've been trying to suppress the stress of this situation, but it's seems we're only at the beginning

Hi all, and thanks for your comments. I need to add that we DO very much understand the seriousness of the situation ,and we are very concerned about the possible ramifications on my wife having a criminal record. It's was not something we realised was so serious, and has caused a great deal of stress and tears in our household. I think what may have come across in my original post as lack of care is not so - it's that it's taken me several weeks to put the post of our situation up and that shock and stress has turned to acceptance, and we are now trying to deal with the ramifications of what has happened, which are twofold. The most serious is the possible effect on my wife, and then obviously there is a financial implication of a £4000 or so season ticket on our family. I knew I could not comment on the former until I received the letter, so I was just asking advice about the latter - in no way did it reflect that it was what I was most concerned about @firstclassx I hope that gives more clarity. Perhaps my initial post didnt give this clearly.

Hi all, I’ve spent some time looking at this site and it’s finally time to put forward our situation and get some advice from the helpful people on this forum. It’s very similar to the situation of Noveum and the current one of Sharris 100, but as ever slight variance on each situation I guess. My wife took my season ticket, without the photocard (no, it was not given to her, I must stress, I had been at home working that day and it was sitting on the side in the kitchen) on a one off occasion to go up to London. Needless to say she was caught on the way up to London on SWT. From reading here, no reason and no point delivering excuses, but like most people here we are mortified, and like most probably didn’t realise the seriousness. The first period of shock through reading this forum, especially the criminal record piece which may affect my wife’s future employment when returning to work, has given way to a more practical view due to the advice I’ve seen given out here. So our situation is that we have NOT received the letter yet from SWT. This incident happened at the beginning of February so this is seven going on eight weeks. Thus I will give an update on what SWT will want to charge us with and will ask for some advice then. but this does seem a long time compared to others on this forum I have just a couple of questions initially. SWT still have my annual season ticket, I’ve been thus buying weekly season ticket passes, now adding up (it’s £400 a month), and I presume there is nothing I can do to expedite the situation? My wife was told by the guard that it would be several weeks before my card would be returned to me (though from what I have read here, that depends on the prosecution and what they want to do I presume?), but I guess it’s just a matter of sitting tight and waiting til the letter comes from the prosecution department? Plus assuming that I will receive my card back, what would be the process with the prosecution department for getting refunds for additional costs while SWT hold onto the ticket? I’ll be sure to update everyone here once we receive the letter, but an answer to the above would be appreciated, though I presume it will be to hold tight Thanks