GTR Notice of Intent To Prosecute

[sanewhere]

Hi,

First time posting here. I’ve been reading all the posts and have found them very helpful. I have been sent a Notice of Intent to Prosecute, dated 13 August 2024. I would like advice on how serious this matter is, what GTR are likely to investigate, what I should respond with and how GTR are likely to respond.

Thanks

 

[30907]

1. It would help if you would tell us what happened (wrong ticket, wrong discount, no ticket...). That said, depending on the exact circumstances, a Byelaw prosecution would be likely to succeed. It's a low-level offence so would not have a huge impact other than on your bank balance.

2. GTR will investigate your journey history to see if you appear tovhave committed offences before, and this may affect your reply. However, they are generally amenable to a request for a financial settlement out of court.

3. I assume you have come across numerous posts by forum regular @Hadders which suggest possible points to make (and not to make) in your reply, so I won't repeat them.

PS Welcome to he forum you didn't really want to join

 

[sanewhere]

Hi,

Adding some clarity. I was travelling from Hatfield to Essex Road but didn’t have a valid ticket when travelling. When the ticket officer asked, I told them my phone was dead and I couldn’t find a charger because my phone’s port is broken and only charges wirelessly. They gave me a receipt to go upload my ticket and rail card online. I only uploaded my rail card.

I then received this notice.

 

[30907]

Hi,

Adding some clarity. I was travelling from Hatfield to Essex Road but didn’t have a valid ticket when travelling. When the ticket officer asked, I told them my phone was dead and I couldn’t find a charger because my phone’s port is broken and only charges wirelessly. They gave me a receipt to go upload my ticket and rail card online. I only uploaded my rail card.
.

Thanks
So you didn't actually buy a ticket, either on your phone or from a machine/human?

 

[sanewhere]

Apols that wasn’t clear. I didn’t. I’m not 100% sure what to do. Once I was on the train and thought of buying one (which I know is an offence in itself of boarding without a ticket), it was too late.

 

[John R]

How were you planning on exiting Essex Road station, and have you done this before?

 

[sanewhere]

Yes, I have. A handful of times infrequently not regularly on every journey. They don’t have barriers at the exit at Essex Road

 

[Hadders]

I suggest you write a short, concise reply mentioning the folloiwng points:

- 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

We cannote guarantee it but GTR will normally offer an out of court settlement to people who co-operate with their investigation and who haven't come to their attention before. Expect to have to pay the outstanding fare at the full Anytime rate plus an admin fee, typically around £150.

If you post a draft copy of your reply in this thread forum members will be happy to proof read it for you.

 

[MotCO]

I note you have a railcard. We often see posters on here who have bought discounted tickets without realising their railcard had expired. If you get an out of court settlement with GTR, you do not want to come to their attention again because of an expired raicard, so please make a note of its expiry date on your phone calendar so that you renew in good time.

 

[sanewhere]

How were you planning on exiting Essex Road station, and have you done this be

I suggest you write a short, concise reply mentioning the folloiwng points:

- 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

We cannote guarantee it but GTR will normally offer an out of court settlement to people who co-operate with their investigation and who haven't come to their attention before. Expect to have to pay the outstanding fare at the full Anytime rate plus an admin fee, typically around £150.

If you post a draft copy of your reply in this thread forum members will be happy to proof read it for you.

I’ll post one in the morning. Thank you all for taking the time to reply this evening. Conscious it’s a Friday (at least for another few minutes). Good night.

== Doublepost prevention - post automatically merged: 17 Aug 2024 ==

Draft

Dear Fare Evasion Manager

I am writing to express my sincere apologies for the incident that occurred on 04 July 2024 when I travelled without a valid ticket.

I am deeply sorry, this was an honest mistake. I had no intention of avoiding my fare. I needed to get back home due to a personal emergency. My phone had died and I had no physical card with me, so I’d intended to borrow a charger from another passenger and charge my phone on the train in order to purchase the correct ticket, but I did not find one that worked with my phone. I will ensure this never happens again.

I fully recognize that this was an error on my part and am deeply regretful for the inconvenience caused. I now understand the full seriousness of this matter and will ensure that such a mistake does not occur again. I kindly request that this matter be settled out of court and am willing to pay the fare cost and any administrative costs incurred by Govia Thameslink Railway.

Thank you for considering my request, and I appreciate your understanding.

Yours faithfully

Please do give feedback. What do you all think?

 

[John R]

I am deeply sorry, this was an honest mistake. I had no intention of avoiding my fare.

Not sure what others think, but this comment doesn't feel consistent with:-

Yes, I have. A handful of times infrequently not regularly on every journey.

which was in answer to have you done this before.

We always advise people to be completely honest when responding, and I'm not convinced that as written your letter is.

Also, "I kindly request" can have a rather assertive feel to it (ie " you will do this"), so suggest you replace it with "I would be very grateful if this matter could be settled out of court, and understand that any settlement offer you make would include both the fare avoided and any admin costs etc.

Finally, a bit of life advice - never be solely reliant on a device that needs to be charged to function when travelling. A physical card doesn't take up much space at all.

 

[sanewhere]

Updated Draft

Dear Fare Evasion Manager

I am writing to express my sincere apologies for the incident that occurred on 04 July 2024 when I travelled without a valid ticket.

I am deeply sorry, this was a mistake and I accept full responsibility. I needed to get back home due to a personal emergency. My phone had died and I had no physical card with me, so I’d intended to borrow a charger from another passenger and charge my phone on the train in order to purchase the correct ticket, but I did not find one that worked with my phone. I will ensure this never happens again.

I fully recognize that this was an error on my part and am deeply regretful for the inconvenience caused. I now understand the full seriousness of this matter and will ensure that such a mistake does not occur again. I would be very grateful if this matter could be settled out of court, and I understand that any settlement offer you make would include both the fare and any administrative costs incurred.

Thank you for considering my request, and I appreciate your understanding.

Yours faithfully

Should I add the following at the end of "I will ensure this never happens again (please see attached a receipt for a new phone case I purchased after this incident which has a card holder in the back)."

 

[John R]

Updated Draft

Dear Fare Evasion Manager

I am writing to express my sincere apologies for the incident that occurred on 04 July 2024 when I travelled without a valid ticket.

I am deeply sorry, this was a mistake and I accept full responsibility. I needed to get back home due to a personal emergency. My phone had died and I had no physical card with me, so I’d intended to borrow a charger from another passenger and charge my phone on the train in order to purchase the correct ticket, but I did not find one that worked with my phone. I will ensure this never happens again, by carrying a physical card as well at all times.

I fully recognize that this was an error on my part and am deeply regretful for the inconvenience caused. I now understand the full seriousness of this matter and will ensure that such a mistake does not occur again. I would be very grateful if this matter could be settled out of court, and I understand that any settlement offer you make would include both the fare and any administrative costs incurred.

Thank you for considering my request, and I appreciate your understanding. and I apologise again for travelling without a valid ticket.

Yours faithfully

Should I add the following at the end of "I will ensure this never happens again (please see attached a receipt for a new phone case I purchased after this incident which has a card holder in the back)."

A couple of suggested changes.

There is of course one scenario which the above doesn't cover, which is that you purchase a ticket online and then your phone dies before you have completed your journey, so your ticket cannot be shown. If your phone is prone to running out of charge quickly then you really need to consider carrying a charge bank with you or making other arrangements to ensure that your ticket is always available, such as buying at the station or buying online and collecting a physical ticket at the station. You can be sure if caught again then a prosecution will be much more likely.

 

[sanewhere]

Thank you. I plan to drop the letter off at Kings Cross during the week and share an update when I have one. I am concerned they will find the other instances where this has happened by looking through my transaction history. If they do (perhaps through their Fraud team, as I saw on a recent post on here), I will get back in touch and ask for advice. Thank you for all your help on this - I have learned my lesson.

 

[30907]

Thank you. I plan to drop the letter off at Kings Cross during the week and share an update when I have one. I am concerned they will find the other instances where this has happened by looking through my transaction history.

They almost certainly will, so don't say anything that implies that it was an isolated offence.

BTW you didn't "cause inconvenience," you evaded your fare.

 

[sanewhere]

I received an out of court settlement under £100, which I have paid. Thank you for all your help.