Prosecution for no rail card

[Sillychoice]

Hi all looking for some advice as I am worried sick

I first the first time made a stupid mistake and purchased a ticket on trainline with a railcard 26-29 which I do not possess. I honestly now realise how silly this was.

When on the train the inspector stopped me and asked me to produce my railcard which I do not have I panicked and said I forgot it he issued me with a piece of paperwork with details to submit my railcard within 14 days. I have immediately emailed SGR and confessed and apologised and offered to pay any fines , I also rang SGR the woman was helpful and said they will consider this and log that I have also spoken with her immediately after the event happened.

My question is what do I do next ? As I don’t have the railcard to produce I don’t want to leave it for the next 14 days should I write them a letter apologising and offering to pay any costs ?

 

[Hadders]

Welcome to the forum!

You've done the right thing by contacting the train company and telling them about your error of judgement. In terms of what happens next I expect that the train company (or an investigation company acting on their behalf) which will probably take a few weeks to arrive saying 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 expect this to be around a 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.

I don't normally recommend contacting the train company before the letter arrives but in this case, as you already have paperwork from them asking for you to send them a copy of your railcard, you could write to them, quoting the relevent reference number to identify your case, but I would recommend you mention the points I have mentioned above.

 

[Sillychoice]

Thank you Hadders for your detailed reply.

The trainline was thameslink I will wait for the letter
I have two concerns as they are waiting for me to produce evidence with my Railcard ID on it will they continue to wait the 14 days until I have not produced this or now disregard the need for this as I have called them

Also when the inspector took my address down he put a digit of my postcode incorrectly I did inform him of this at the time but he didn’t change it on his system. I then informed them of this in the email and when I called. Should I call again tomorrow to ensure it has been corrected ?

 

[Hadders]

A incorrect single digit in the postcode is unlikely to cause a letter not to be delivered. If you've already called and emailed them then I don't think there's much more you can do.

 

[FenMan]

In your original post say you made a "mistake". Let's not beat about the bush, it was a deliberate act on your part to save some cash. The "mistake" you made was in getting caught.

My suggestion is you should strongly bear this in mind in any subsequent correspondence with the railway.

Also, if you buy your tickets on-line, bear in mind the railway will be able to access your purchase history, so they will find out if you have done this before.

 

[WesternLancer]

In your original post say you made a "mistake". Let's not beat about the bush, it was a deliberate act on your part to save some cash. The "mistake" you made was in getting caught.

My suggestion is you should strongly bear this in mind in any subsequent correspondence with the railway.

Also, if you buy your tickets on-line, bear in mind the railway will be able to access your purchase history, so they will find out if you have done this before.

Well, it could be a 'mistake' to try and save some cash in a way that when you get caught it will cost way more than just having bought a Railcard (if entitled to one)

OP - if you can, buy a Railcard ASAP now - since when you respond as per Hadder's suggestion you can show you have acted in a way to prevent this 'error of judgment' happeneing again. Obv assumes you are entitled to one of the various types of Railcard.

 

[island]

Can you clarify who or what “SGR” is?

 

[Sillychoice]

Apologies I meant GTR not SGR

Yeah I completely understand my wrong doings now and have purchased a railcard

It was the first time I have ever done it so my previous purchases will show no history of previous railcard ticket purchases

I imagine I need to wait it out until they send me a letter and I can reply with my apologies

 

[WesternLancer]

Apologies I meant GTR not SGR

Yeah I completely understand my wrong doings now and have purchased a railcard

It was the first time I have ever done it so my previous purchases will show no history of previous railcard ticket purchases

I imagine I need to wait it out until they send me a letter and I can reply with my apologies

Yep - keep a keen eye out for the letter from GTR you will need to reply to. You could draft up your apology letter in the mean time if you think that will help - examples on other threads to look at. If you want feedback on your draft no doubt people will be happy to make suggestions if you post it in due course.

 

[Sillychoice]

Ok will do that, thank you for your help everyone I really appreciate your time

== Doublepost prevention - post automatically merged: 11 May 2022 ==

I have composed a draught letter and I’m wondering if anyone could have a read of it and see if it is acceptable or I have given to much information about my personal circumstances

 

[WesternLancer]

Ok will do that, thank you for your help everyone I really appreciate your time

== Doublepost prevention - post automatically merged: 11 May 2022 ==

I have composed a draught letter and I’m wondering if anyone could have a read of it and see if it is acceptable or I have given to much information about my personal circumstances

Draft seems fairly reasonable to me - just get rid of the word 'trainline' as they are simply a company that sells tickets (like a travel agent maybe), replace with eg 'the railway company' I'd tend to think.

And you have a very few typos with punctuation, capitals and 'many' / should be 'any' towards the end - so take care to give it a careful read through to check it

For future reference (and no need to adjust your draft) bear in mind that some railcards have restrictions on the times you can use them and the minimum fare at certain times of day. Be careful not to breach that in error or you will again have an invalid ticket - albeit unintentionally.

Good luck.

 

[Sillychoice]

Draft seems fairly reasonable to me - just get rid of the word 'trainline' as they are simply a company that sells tickets (like a travel agent maybe), replace with eg 'the railway company' I'd tend to think.

For future reference (and no need to adjust your draft) bear in mind that some railcards have restrictions on the times you can use them and the minimum fare at certain times. Be careful not to breach that in error or you will again have an invalid ticket - albeit unintentionally.

Good luck.

Ok I will alter it and thank you so much for your feedback

 

[WesternLancer]

Ok I will alter it and thank you so much for your feedback

also see my edit to my post ref typos for you to check. Just in case you did not see that given your speedy reply! Obv sounds like you have some time as I assume you have not had any formal letter from the railway company GTR as yet.

 

[Sillychoice]

Ohh yeah thank you I’ll definitely re-read it many times before it’s time to send I’d imagine, I’ll fix the typos. Thank you so much again!

 

[Hadders]

GTR are one of the train companies who tend to try and settle out of court. No guarantees of this, of courrse, but by taking responsibility and engaging with them you will maximise your chances of obtaining an out of court settlement.