Cautioned by ticket inforcer

[worried222]

Hi.

I got stopped at London bridge today..when trying to get put I realised I bought an off peak ticket in peak hours..instead of asking someone for help I trued to get out with my credit card.. lady by gates asked where I trialled from..first said diff station instead of just telling her wrong ticket..she took my to an ticket inforcment officer who cautioned me..I explained situation and I tried to do ot because first train was cancelled and late to work..he forced to say that I was trying to avoid paying...he will pass on to south eastern who might prosecute me..if I get convicted that will result in criminal conviction..does anyone know if that happens alot .is it best to get a solicitor ?

 

[30907]

Welcome to the forum and please don't panic - even if you are taken to court and fined this isn’t a life-changer, but there is a decent chance you will end up paying an out of court settlement

It would help if you told us where you were travelling from, where you claimed to have started, and which trains were involved (including the cancellation)

The answer to your question about a solicitor is "no" at this stage and almost certainly "no" full stop.

When the letter from the train company arrives, please come back for advice about your reply (and read a few other threads on here, preferably the short ones!).

 

[island]

What ticket did you hold (from where to where, what type, and what price?) What time did you travel?

I ask this so that we can check whether your ticket was actually valid, as Southeastern have form for incorrectly rejecting off peak tickets for longer journeys.

 

[jfollows]

We need more information, so it may be irrelevant here, but I wanted to note (https://assets.nationalrail.co.uk/e...572570/National_Rail_Conditions_of_Travel.pdf) refers to use of "off-peak" tickets when they're not valid:

9.5 Where you:
9.5.1 are using a time-restricted Ticket (such as an “off-peak” or “super-off-peak” Ticket) that is correctly dated but invalid for the service on which you are travelling; or
9.5.2 are using a route for which your Ticket is not valid; or
9.5.3 break your journey when you are not permitted to do so;

you will be charged the difference between the fare that you have paid and the lowest price Ticket that is valid for the train you are using.

 

[Haywain]

We need more information, so it may be irrelevant here, but I wanted to note (https://assets.nationalrail.co.uk/e...572570/National_Rail_Conditions_of_Travel.pdf) refers to use of "off-peak" tickets when they're not valid:

That might be appropriate until someone has clearly attempted to avoid any other payment, so I don't think it will be helpful in this case.

 

[Hadders]

Welcome to the forum!

We really need to know which stations you travelled between along with the exact ticket you held but on the face of what you’ve told us it’s a shame you tried to exit the station with your bank card rather than asking if you could excess your ticket from Off Peak to Anytime.

As for what I expect to happen you will be sent a letter from Southeastern which will typically take a few weeks to arrive. It will say they have received a report of fare evasion and are considering prosecution. The letter will ask you to reply with your version of events and any mitigating factors. It is important that you engage with, and reply to this letter.

I suggest including the following points 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 they are 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 around £100 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.

Feel free to post a copy of the letter once it arrives (with personal details redacted) along with your draft reply in this thread and forum members will be happy to proof read it for you.

 

[skyhigh]

We need more information, so it may be irrelevant here, but I wanted to note (https://assets.nationalrail.co.uk/e...572570/National_Rail_Conditions_of_Travel.pdf) refers to use of "off-peak" tickets when they're not valid:

The problem with that is the OP firstly tried to tap out using a payment card and then lied about their origin station and said they'd done it because they were late to work due to a cancellation. Those actions give off the appearance of a fare evader, which would mean a simple excess wouldn't likely be appropriate.