Penalty dispute advice

[Dave1212]

Dear all. I travelled from Preston to Sheffield. I attempted to buy my ticket from the Trainline website which auto directed me to the app. The app auto selected rail card which I do not have. ( I appreciate I cannot blame the app so this part is kind of irrelevant in the dispute)

I subsequently boarded the train to Preston and when the ticket officer asked for my ticket he also asked for my rail card which I do not have. My details were taken and the initial contact letter from Northern rail has arrived.

My intention is to reply stating I do not have a railcard and wait for a penalty. Should I expect the penalty to take into account I have already bought a ticket and it is just the added railcard discount I would be liable for + admin fees potentially.

Thanks for any advice from the experts in this forum.

 

[Grvrdvicdr]

Is this for a penalty fare or are they looking to prosecute?

 

[30907]

Dear all. I travelled from Preston to Sheffield. I attempted to buy my ticket from the Trainline website which auto directed me to the app. The app auto selected rail card which I do not have. ( I appreciate I cannot blame the app so this part is kind of irrelevant in the dispute)

I subsequently boarded the train to Preston and when the ticket officer asked for my ticket he also asked for my rail card which I do not have. My details were taken and the initial contact letter from Northern rail has arrived.

My intention is to reply stating I do not have a railcard and wait for a penalty. Should I expect the penalty to take into account I have already bought a ticket and it is just the added railcard discount I would be liable for + admin fees potentially.

Thanks for any advice from the experts in this forum.

Unfortunately, the common practice (and implied in the Railcard T and Cs) is to treat the ticket as invalid and ask for the full walk-up fare payable plus an admin fee which is often around £90.

However, if you are sure you have never used the Trainline app to purchase a ticket with a railcard, you have reason to complain to them about their app.

 

[Dave1212]

Many thanks for taking the time to reply. I thought it might be the case that my bought ticket wouldn’t be taken into account.

 

[robbeech]

If your original ticket is unused and is a ticket type that is eligible for refund (less a £10 admin fee) then you should be able to do this. This will not be without its own separate issues as Trainline are involved.

 

[gray1404]

Would you like to upload a copy of the letter you have received from Northern with any personal details or reference numbers retracted. We can assist you in drafting a suitable reply. This letter does need to be responded to promptly.

Usually in a situation like this it would be a question of writing back to them apologising for the mistake, assuring them it will not happen again, offering to pay the correct for the journey and there costs involved in investigating the matter. Hopefully they will then offer an out of court settlement. You may wish to proceed with this option.

Unfortunately by purchasing a Railcard discounted ticket you did board the train without a valid ticket. It should have been possible to confirm your purchase before making payment and the Railcard discount should have been visible.

However I upset your case is a little different as you may have a genuine complaint to the retailer so this does complicate things. I would therefore be interested to know the thoughts of other experienced foreign members to of how you should proceed.

We do not want this matter to progress to court proceedings though so it is important that you do give something of a reply to the train company Northern and attempt to engage with them to resolve this matter.

 

[reb0118]

As an aside have you previously checked fares or purchased tickets on behalf of another person - who holds a railcard - via your Trainline account?

 

[Hadders]

Welcome to the forum!

As others have said we really need to see a copy of the letter you have been sent (with personal detils redacted) for us to be able to offer appropriate advice but here's the advice I normally give to other posters who seek our advice in similar circumstances.

The letter you have received is likely from the train company to say that they have received a report, are considering prosecuting you and asking for your version of events. It is important that you engage with and reply to this letter. You might want to include the following in your reply:

- That you are sorry for what has happened
- What you have learned from the incident
- That you are keen to settle the matter without the need for court action
- Offer to pay the outstanding fare and the train company's administrative costs in dealing with the matter

Make sure your reply is short and concise, don't give a sob story - they've heard it all before. Most train companies are usually prepared to offer an administrative settlement (commonly known as an out of court settlement) for people who engage with the process and who haven't come to their attention before. There is no guarantee of this and the train company would be well within their rights to prosecute you in the magistrates court.

If you are offered a settlement the amount varies depending on the train company and circumstances but tend to be a few hundred pounds plus the outstanding fare. An out of court settlement might appear to be a fine, but it isn't and you won't have a criminal record as a result of accepting one.

 

[island]

Is this for a penalty fare or are they looking to prosecute?

Penalty fares can only be issued on the spot and not by letter.