Notice of Intention to Prosecute

[pat okeeffe]

My son got stopped by the revenue protection team at Brighton Station last July on his return from Stanstead Airport after a holiday in Spain. He had purchased a 16-25 discounted single ticket from Brighton to Stanstead. He had forgotten that his 16-25 railcard was on his old broken phone and he had not transferred it to his new one. He explained this to the revenue protection team and they told him to email them confirming the fact that he did possess a valid young persons railcard. This he did. Now he has been sent a Notice to Prosecute letter. What should he do?

 

[Fawkes Cat]

For a start, he should read the letter very carefully: TIL (and I think some of the train companies as well) use the heading 'Notice of Intention to Prosecute' on the first or second letter that they send, and while the text of the letter does state that the case has been 'authorised for prosecution' or that the railway 'see no reason why they should not prosecute' (or similar), on closer reading it turns out that the letter is actually giving an opportunity for the recipient to give their side of the story.

Or it could be that your son is further down the line, and the case really is about to go to court. But the only way to know is to read the letter closely.

 

[jfollows]

The railcard FAQ at https://www.16-25railcard.co.uk/help/faqs/ states

What happens if I don't have my Railcard with me and I have to buy a new ticket or pay a Penalty Fare?
A:
If you are travelling by train on a ticket with a Railcard discount, you must travel with your valid Railcard. If you forget your Railcard you will either be required to buy a new ticket or you may on certain services be liable for a Penalty Fare. However, a train company will normally allow you to claim back this extra expense on the first occasion in each year where this happens.
Each train company will have their own process for doing this. You will need to provide proof of your Railcard and either the original and additional tickets that you have purchased, or if you have not yet paid, details of the notice to pay or notice of Penalty Fare. Where you have already paid for additional tickets you should contact the relevant train company’s customer services department; in the case of a notice to pay of notice of Penalty Fare, you should follow the instructions included on how to challenge or appeal the charge.

so if the railcard was valid at the time (you don't quite say that, but imply that it was) then you can follow up on this basis. Although things may have progressed too far now.

 

[Haywain]

they told him to email them confirming the fact that he did possess a valid young persons railcard. This he did.

The letter would suggest that this didn't happen, so a starting point is to confirm that an email was sent, with an image of the railcard, and that it went to the right email address.

 

[221129]

The railcard FAQ at https://www.16-25railcard.co.uk/help/faqs/ states

so if the railcard was valid at the time (you don't quite say that, but imply that it was) then you can follow up on this basis. Although things may have progressed too far now.

But no ticket was purchased nor was a penalty fare issued.

 

[Haywain]

But no ticket was purchased nor was a penalty fare issued.

Good point!

 

[ta-toget]

…last July…

Just to confirm, which July do you mean? July 2021, or July 2020?

 

[30907]

Just to confirm, which July do you mean? July 2021, or July 2020?

...and presumably the ticket was Stansted to Brighton not the other way?

But no ticket was purchased nor was a penalty fare issued.

I suspect that a RPI at Brighton would see no point in doing either, as - if the railcard was produced - they would be refunded. From other posts on here, the procedure laid down isn't always followed. I am not sure this is significant. If the railcard was in date, and the mail was correctly sent and delivered, I think the OP's son should be able to resolve this.

 

[pat okeeffe]

Thanks for everyones input. To further complicate matters he has subsequently left home and is now in university accommodation in Manchester. Ive just spoken to him to clarify matters. Although travelling from Stansted on July 22nd 2021 he actually bought a Cambridge to Brighton single as it was cheaper - this was not questioned by the Revenue Inspector who retained his ticket. He was advised to email a copy of his railcard which expired on 21/09/21. He sent the email containing a screen shot of his rail pass on 25th July to gtr.prosecutions@gtrailway.com. Im not sure whether my sons email gave any explanation of why he was sending it, so its possible it was ignored.

The letter asks for a response at the end asking what happened from his point of view, and must be given in writing. Am I able to do this on his behalf as he is in Manchester and the letter is in Brighton?

 

[realemil]

To further complicate matters he has subsequently left home and is now in university accommodation in Manchester

This won't make a difference in this case.

Ive just spoken to him to clarify matters. Although travelling from Stansted on July 22nd 2021 he actually bought a Cambridge to Brighton single as it was cheaper - this was not questioned by the Revenue Inspector who retained his ticket.

This is because you can travel via Stansted on the ticket. Checking the NationalRail website, you can get away with it. Whether or not they can check if he actually started his journey at Cambridge, or not, is a different matter (and irrelevant in this case).

He was advised to email a copy of his railcard which expired on 21/09/21. He sent the email containing a screen shot of his rail pass on 25th July to gtr.prosecutions@gtrailway.com.

This should be used as evidence that a valid railcard was in use during the time of travel.

Im not sure whether my sons email gave any explanation of why he was sending it, so its possible it was ignored.

If he was told to email it, and he emailed it, it's their problem if they don't follow up on it. He was only doing what he was told to.

The letter asks for a response at the end asking what happened from his point of view, and must be given in writing. Am I able to do this on his behalf as he is in Manchester and the letter is in Brighton?

I recommend he replies to it himself, giving his exact PoV as well as providing evidence of the email which he originally sent, and attaching a picture of his railcard.

 

[WesternLancer]

Im not sure whether my sons email gave any explanation of why he was sending it, so its possible it was ignored.

The letter asks for a response at the end asking what happened from his point of view, and must be given in writing. Am I able to do this on his behalf as he is in Manchester and the letter is in Brighton?

Common sense suggests it needs to have a reference number (if there was one, I'm sure these will be now) and a brief explanation. Think what would be likely to happen if someone in an office simply saw an e-mail with a pic of a railcard attached - they don't even include an address - your son may have the same name as another person whose case is being looked into.

You can only write n his behalf if he gives you signed letter of authority giving you permission to do so that you then share with the railway. I'd suggest it would be simpler for you to draft his reply, send it to him (post or e-mail), and get him to send it to the railway.

Keep it brief, clear and concise (all skills he should have if he has secured a place at university....), post the draft here if you would like any feedback or comment on what you have included.

Do this ASAP as you need to prevent 'the computer' putting this on a trajectory to court that will take a lot more time and money to untangle.

(BTW - people at universities - and maybe elsewhere - know all this as 'helicopter parenting'

Good luck with sorting this out. Hopefully your son will have learned some useful life lessons in this saga.

 

[pat okeeffe]

As suspected whole thing has been an admin cock-up by GTR. By chance after emailing the revenue team with my sons account of events, an automated response appeared which included phone numbers for "emergencies only" which wasn`t available elsewhere. After phoning them initially just to point out that we didnt know how to get the letter to our son at iuniversity and bearing in mind the seriousness of the warnings on the original notice, a very helpful lady, without seeking a letter of authority, checked their records and due to an oversight on their part the report from the inspector and my sons email containing his railcard had not been cross checked. They said the case would now be closed. The life lessons drawn from this by GTR might be that extremely scary letters threatening imprisonment and fines shoulkd not be issued to people without making doubly sure you are in the right, and for the rest of us that their is an infinite capacity for large orgaisations to screw up. I also wondered why dont the revenue inspectors have a direct link to the railcard people so that they can check validity. Thanks everyone for suggestions as I climb out of my helicopter for I hope the last time.

 

[jfollows]

The life lessons drawn from this by GTR might be that extremely scary letters threatening imprisonment and fines should not be issued to people without making doubly sure you are in the right, and for the rest of us that their is an infinite capacity for large orgaisations to screw up.

I'm really pleased to hear that this has been sorted out, and unfortunately I fear that you're right in the part that I quote - that these companies implement impersonal and threatening processes which are directed indiscriminately and catch innocent as well as guilty people in the process.

 

[WesternLancer]

.... as I climb out of my helicopter for I hope the last time.