Hello, I am looking for advice regarding a letter received from south western railway. I will try and keep this brief but the facts are as follows:
I was travelling from the army training centre to my parents house having just completed a weeks basic training. I have a valid and in date HM forces railcard and purchased my ticket at Brookwood station to Waterloo (where I was then going to get a second train from Waterloo east). I assumed I had the card in my purse but admittedly didn’t double check before I bought the ticket. On the train someone from south western railway was checking tickets and asked to see my railcard. Upon looking in my purse I realised I didn’t have it and apologised. He asked me what railcard it was and I said it was an armed forces card. He said “don’t worry” and walked off to continue inspecting other people’s tickets.
Upon arriving into Waterloo I put my ticket through the barrier but it told me to seek assistance. I then showed it to a member of staff who asked about the railcard and I explained I had forgotten it but that the ticket inspector on the train had said it was ok. He told me to go and see another member of staff at the opposite platform. I went and spoke to the relevant member of staff once again explaining the same thing. He said that the member of staff on the train is just a train guard and doesn’t have authority. He then told me to wait there. However, feeling physically and mentally drained from my training as well as extremely sleep deprived I was desperate not to miss the train to my parents house departing from Waterloo east. I therefore walked through an open barrier and continued making my way towards Waterloo east. However, the same member of staff along with another man from revenue protection approached me just as I reached the barriers at Waterloo east.
The man from revenue protection told me “you’re in big trouble” which made me feel extremely distressed. I once again repeated the same explanation and reiterated that I was desperate to get home as I was feeling exhausted especially having to travel with my heavy kit (which they could clearly see). He dismissed all of this and also repeated that the man on the train had no authority. I queried whether the policy is that you’re allowed to forget your railcard on one occasion (which I remember reading somewhere) but the revenue protection man said no this isn’t the case. I voluntarily gave my details and I asked what was going to happen. The man typing into the machine told me that I would be written to and I would then be able to provide proof of my railcard. He asked me to sign his screen but didn’t show me what I was signing. He then gave me a slip of paper. The whole process delayed me by around 20 mins so I didn’t reach my parents home in Kent until very late.
I returned back to my flat today (I’ve been staying with family over Christmas) to a letter from south western railway asking saying that “they have sufficient evidence to prosecute” but are offering me two options: 1. an out of court settlement of £114 (comprising £14 fare and £100 admin costs) which must be paid within 21 days and 2. Prosecution. Whilst this amount isn’t going to break the bank I am minded to appeal on the basis of:
1. I made an honest mistake forgetting to check I had the railcard on me. I always carry it but as I had gone on training I had removed a number of cards from my purse and hadn’t used my purse all week which had been locked away. I previously had a 16-25 railcard which was available in digital form so never had the issue of forgetting it. However the HM forces card is only available in physical form.
2. The member of staff on the train who told me it was “ok” is a south western employee and it was reasonable for me to believe he had authority to waive (on behalf of south western) the consequences of me forgetting my railcard.
3. The man who took my details and asked me to sign told me that I would just have to provide evidence of my railcard. However I have been given no opportunity to do so.
4. The settlement is completely disproportionate. The railcard fare was £9 and the full fare was £14. In addition, why am I now being asked to pay the full £14 when I’ve already paid £9 of that?
5. The manner in which I was spoken to and made to feel like a criminal was horrible. I was in tears on the train back to my parents. I don’t think this is any way to treat someone who has made an honest mistake let alone someone who is mentally and physically exhausted from training. I feel they are using this as a way to claw back revenue from COVID but whilst I sympathise I feel in this instance they are picking low hanging fruit. I enjoy travelling by train and am keen to do so to help the planet but if making an honest mistake ends up in threats of prosecution and a stressful situation it makes me think twice about using the trains in future.
I would appreciate any advice or thoughts in general. Many thanks in advance.
I was travelling from the army training centre to my parents house having just completed a weeks basic training. I have a valid and in date HM forces railcard and purchased my ticket at Brookwood station to Waterloo (where I was then going to get a second train from Waterloo east). I assumed I had the card in my purse but admittedly didn’t double check before I bought the ticket. On the train someone from south western railway was checking tickets and asked to see my railcard. Upon looking in my purse I realised I didn’t have it and apologised. He asked me what railcard it was and I said it was an armed forces card. He said “don’t worry” and walked off to continue inspecting other people’s tickets.
Upon arriving into Waterloo I put my ticket through the barrier but it told me to seek assistance. I then showed it to a member of staff who asked about the railcard and I explained I had forgotten it but that the ticket inspector on the train had said it was ok. He told me to go and see another member of staff at the opposite platform. I went and spoke to the relevant member of staff once again explaining the same thing. He said that the member of staff on the train is just a train guard and doesn’t have authority. He then told me to wait there. However, feeling physically and mentally drained from my training as well as extremely sleep deprived I was desperate not to miss the train to my parents house departing from Waterloo east. I therefore walked through an open barrier and continued making my way towards Waterloo east. However, the same member of staff along with another man from revenue protection approached me just as I reached the barriers at Waterloo east.
The man from revenue protection told me “you’re in big trouble” which made me feel extremely distressed. I once again repeated the same explanation and reiterated that I was desperate to get home as I was feeling exhausted especially having to travel with my heavy kit (which they could clearly see). He dismissed all of this and also repeated that the man on the train had no authority. I queried whether the policy is that you’re allowed to forget your railcard on one occasion (which I remember reading somewhere) but the revenue protection man said no this isn’t the case. I voluntarily gave my details and I asked what was going to happen. The man typing into the machine told me that I would be written to and I would then be able to provide proof of my railcard. He asked me to sign his screen but didn’t show me what I was signing. He then gave me a slip of paper. The whole process delayed me by around 20 mins so I didn’t reach my parents home in Kent until very late.
I returned back to my flat today (I’ve been staying with family over Christmas) to a letter from south western railway asking saying that “they have sufficient evidence to prosecute” but are offering me two options: 1. an out of court settlement of £114 (comprising £14 fare and £100 admin costs) which must be paid within 21 days and 2. Prosecution. Whilst this amount isn’t going to break the bank I am minded to appeal on the basis of:
1. I made an honest mistake forgetting to check I had the railcard on me. I always carry it but as I had gone on training I had removed a number of cards from my purse and hadn’t used my purse all week which had been locked away. I previously had a 16-25 railcard which was available in digital form so never had the issue of forgetting it. However the HM forces card is only available in physical form.
2. The member of staff on the train who told me it was “ok” is a south western employee and it was reasonable for me to believe he had authority to waive (on behalf of south western) the consequences of me forgetting my railcard.
3. The man who took my details and asked me to sign told me that I would just have to provide evidence of my railcard. However I have been given no opportunity to do so.
4. The settlement is completely disproportionate. The railcard fare was £9 and the full fare was £14. In addition, why am I now being asked to pay the full £14 when I’ve already paid £9 of that?
5. The manner in which I was spoken to and made to feel like a criminal was horrible. I was in tears on the train back to my parents. I don’t think this is any way to treat someone who has made an honest mistake let alone someone who is mentally and physically exhausted from training. I feel they are using this as a way to claw back revenue from COVID but whilst I sympathise I feel in this instance they are picking low hanging fruit. I enjoy travelling by train and am keen to do so to help the planet but if making an honest mistake ends up in threats of prosecution and a stressful situation it makes me think twice about using the trains in future.
I would appreciate any advice or thoughts in general. Many thanks in advance.