Hi all
I have received a notice of intention to prosecute but I think it is unfair. How should I go about dealing with it?
I frequently but irregularly commute from Warwick to Birmingham, somewhere between 1-4 days a week so it isn't cost effective to buy season tickets. I also occasionally run to or from other stations further up the line for a bit of exercise so sometimes buy a return ticket from the closer station plus a single to 'top-up' the return section back to Warwick.
- Tuesday night I travelled from Brum to Hatton on a single ticket and ran home.
- Wednesday morning I ran to Hatton and got the train from there to Brum. Hatton is unmanned and the conductor didn't come through the train (presume it was because it was running late) so I bought a return ticket at the barrier at Brum. I was now running late due to the late train and the queue for tickets at the barrier.
- Wednesday evening I'd been running late all day so legged it to the station to get the train home. Went through the barrier using my ticket from Brum to Hatton and got on the train. Only remembered when I'd sat down that I wasn't running this evening so needed to buy the top up single from Hatton to Warwick.
-didn't see the conductor at any time on the train so from that point I had no opportunity to buy a ticket
- RPO at Warwick stopped me. I tried to explain all the above but he decided to caution me and fill in lots of paperwork.
- admittedly my explanation wasn't helped as I accidentally gave him my ticket from the previous day (Tuesday evening) which of course wasn't valid. Though as soon as he mentioned this I did provide him with the correct Wednesday evening ticket.
I do understand that at Warwick I didn't have a valid ticket and that the rules could be interpreted to say that I must buy tickets for the whole trip from Brum to Hatton and Hatton to Warwick prior to getting on the train at Birmingham. However -
a) I made a genuine mistake by forgetting to buy the 'top-up' from Hatton to Warwick before getting on the train as I usually do just for convenience. But I did have a ticket that was valid from when I passed through the barriers at Brum right up until I didn't get off the train at Hatton - the train did stop in Hatton so there is no issue of incorrect use of split tickets. Once on the train I had no opportunity to rectify the mistake. There was no conductor to sell me a ticket, and even if I had got off at Hatton and got back on a later train I still would have had no opportunity to buy a ticket (unmanned station) so the result would have been the same - arriving in Warwick with no ticket from Hatton.
b) the pricing and ticketing structure makes it cheaper to buy a return plus a 'top-up' single rather than two singles for the outward and return journeys. This surely means that it should count as two separate journeys (Brum to Hatton & Hatton to Warwick) rather than one journey. So I effectively started my second journey at Hatton and as I had no opportunity to buy a ticket either there or on the train I committed absolutely no offence at all. Is this a valid assertion?
c) because I initially showed another ticket from Brum to Hatton the RPO seemed to infer that I regularly evade the fare from Hatton to Warwick by getting tickets for shorter journeys. I use a GPS watch to map my runs so can prove this is not the case.
d) If needed I can provide bank statements showing frequent ticket purchases at Warwick station over the last 3 years.
d) During the lengthy chat with the RPO I saw other people on later trains being challenged by the RPOs but let out with no further questions when they said they got on at unmanned stations and there was no conductor selling tickets. So if I had been economical with the truth and just said I had got on at Hatton I would have been let out too!
Advice on how to proceed would be greatly appreciated. I am of course willing to pay the £2.10 for the missing fare
I have received a notice of intention to prosecute but I think it is unfair. How should I go about dealing with it?
I frequently but irregularly commute from Warwick to Birmingham, somewhere between 1-4 days a week so it isn't cost effective to buy season tickets. I also occasionally run to or from other stations further up the line for a bit of exercise so sometimes buy a return ticket from the closer station plus a single to 'top-up' the return section back to Warwick.
- Tuesday night I travelled from Brum to Hatton on a single ticket and ran home.
- Wednesday morning I ran to Hatton and got the train from there to Brum. Hatton is unmanned and the conductor didn't come through the train (presume it was because it was running late) so I bought a return ticket at the barrier at Brum. I was now running late due to the late train and the queue for tickets at the barrier.
- Wednesday evening I'd been running late all day so legged it to the station to get the train home. Went through the barrier using my ticket from Brum to Hatton and got on the train. Only remembered when I'd sat down that I wasn't running this evening so needed to buy the top up single from Hatton to Warwick.
-didn't see the conductor at any time on the train so from that point I had no opportunity to buy a ticket
- RPO at Warwick stopped me. I tried to explain all the above but he decided to caution me and fill in lots of paperwork.
- admittedly my explanation wasn't helped as I accidentally gave him my ticket from the previous day (Tuesday evening) which of course wasn't valid. Though as soon as he mentioned this I did provide him with the correct Wednesday evening ticket.
I do understand that at Warwick I didn't have a valid ticket and that the rules could be interpreted to say that I must buy tickets for the whole trip from Brum to Hatton and Hatton to Warwick prior to getting on the train at Birmingham. However -
a) I made a genuine mistake by forgetting to buy the 'top-up' from Hatton to Warwick before getting on the train as I usually do just for convenience. But I did have a ticket that was valid from when I passed through the barriers at Brum right up until I didn't get off the train at Hatton - the train did stop in Hatton so there is no issue of incorrect use of split tickets. Once on the train I had no opportunity to rectify the mistake. There was no conductor to sell me a ticket, and even if I had got off at Hatton and got back on a later train I still would have had no opportunity to buy a ticket (unmanned station) so the result would have been the same - arriving in Warwick with no ticket from Hatton.
b) the pricing and ticketing structure makes it cheaper to buy a return plus a 'top-up' single rather than two singles for the outward and return journeys. This surely means that it should count as two separate journeys (Brum to Hatton & Hatton to Warwick) rather than one journey. So I effectively started my second journey at Hatton and as I had no opportunity to buy a ticket either there or on the train I committed absolutely no offence at all. Is this a valid assertion?
c) because I initially showed another ticket from Brum to Hatton the RPO seemed to infer that I regularly evade the fare from Hatton to Warwick by getting tickets for shorter journeys. I use a GPS watch to map my runs so can prove this is not the case.
d) If needed I can provide bank statements showing frequent ticket purchases at Warwick station over the last 3 years.
d) During the lengthy chat with the RPO I saw other people on later trains being challenged by the RPOs but let out with no further questions when they said they got on at unmanned stations and there was no conductor selling tickets. So if I had been economical with the truth and just said I had got on at Hatton I would have been let out too!
Advice on how to proceed would be greatly appreciated. I am of course willing to pay the £2.10 for the missing fare