Accidentally have been using wrong rail card for a while. Was caught and threatened with prosecution

[dory02]

Hi there.

For context, I’m 21 and moved to the UK two years ago and am currently a medical student at uni

I booked a return journey on Chiltern railways and on the return leg of the trip, I was asked to show my rail card and ticket. When I signed into my Railcard app, I found that my Railcard (16-25) had expired. When they checked my ticket, I had also bought the ticket under the wrong rail card (16-17).

At first I was confused with the issue at hand as English is not my first language and the officer was very polite and explained to me what I had done. I then apologized and offered to renew my Railcard on the spot and buy a new ticket as well with the correct card. However, the officer said that he would have to take my details. I didn’t realize this was a massive deal until he mentioned that I would be getting a letter saying I would be prosecuted. I then asked him if I had committed a crime and that I was very sorry. I was very polite and cooperative and the man was nice too but he said I would have to wait for the letter.

When I got home and did some research, I found that my Railcard had been expired for a few months and I bought the past few tickets on the wrong Railcard (the app settings on Trainline don’t change). I have then read through forums and looked online and am terrified that I am going to be prosecuted. I am willing to pay a fine but due to the history of my travel, I am worried I will be taken to court and imprisoned straight away.

This was a stupid mistake on my part and I had no idea that my Railcard had expired. When I first moved to this country my friend helped buy a Railcard for me and I did not know o would have to renew it. I also should have checked to not have bought the ticket on the wrong rail card. I am so torn over this and am worried my career will be ruined now due to a criminal record. I am willing to pay any fine I need to pay and am applying for jobs and saving up money so I can pay any fine or court fees (I am on student loan and am paying myself through university).

I am terrified, what do I do? I have not received the letter yet? Should I contact them before I get the letter? Should I ask a solicitor? Or should I just accept my fate of now being a criminal?

Edit: just counted on the Trainline app and I have used the wrong Railcard (16-17) to buy a ticket around 5-6 times in the past. im worried they would think i am purposely evading fares but i did not know my setting was on the 16-17 railcard option. it is completely my fault but it was a genuine mistake.

 

[ikcdab]

Welcome to the forum. For now all you can do is wait for their letter. You cannot contact them beforehand. Just make sure you are in a position to get all your post or emails. When you get the letter, come back here for advice.
The good news is that Chiltern are usually the more pragmatic of the companies and tend to offer out of court settlements, though it's not guaranteed. If that happens, expect to pay the full anytime single rate for all evaded fares plus around £150 admin fee.
The letter can take several months to arrive so don't panic if it doesn't come immediately.
If they decided not to offer a settlement and to prosecute you then, yes you will get a criminal record. However it's on the minor side and most employers would not be overly concerned. But you would need to check your contract too see what it says.

Railcards are normally renewed annually. Set a reminder on your phone to avoid the same issues next year. As someone new to the UK, you need to be aware of the rules around things such as this.

 

[dory02]

Welcome to the forum. For now all you can do is wait for their letter. You cannot contact them beforehand. Just make sure you are in a position to get all your post or emails. When you get the letter, come back here for advice.
The good news is that Chiltern are usually the more pragmatic of the companies and tend to offer out of court settlements, though it's not guaranteed. If that happens, expect to pay the full anytime single rate for all evaded fares plus around £150 admin fee.
The letter can take several months to arrive so don't panic if it doesn't come immediately.
If they decided not to offer a settlement and to prosecute you then, yes you will get a criminal record. However it's on the minor side and most employers would not be overly concerned. But you would need to check your contract too see what it says.

Railcards are normally renewed annually. Set a reminder on your phone to avoid the same issues next year. As someone new to the UK, you need to be aware of the rules around things such as this.

Thank you for the advice. I was wondering if I could email them? Waiting for months on end for such a letter is extremely stressful.
also, if they decide to prosecute me straight away, is there any way to avoid that or appeal it? i have only travelled via the train 17 times in the last two years, out of which 5-6 times the tickets were bought with the wrong railcard.

 

[John R]

It's usual, as @ikcdab says for any settlement offer to be based on the full Anytime Single fare for any journey where you did not have a valid railcard. If these are local journeys then this won't break the bank, but if they are longer distance journeys then they could very easily add up to a very considerable sum. (As an example, a return journey from London to Manchester would be £370 at current prices.) So you are best advised to work out for yourself what the total amount could be, and make sure you have the means to pay it quickly, as you will only be allowed around 14 days to do so, else Chiltern will move to prosecution, which given your career aspirations, you don't want to have as a complicating factor.

When you get the letter I wouldn't give any of the background that you mention here

For context, I’m 21 and moved to the UK two years ago and am currently a medical student at uni

When they checked my ticket, I had also bought the ticket under the wrong rail card (16-17).

At first I was confused with the issue at hand as English is not my first language and the officer was very polite and explained to me what I had done.

An investigator might expect a medical student who has been in the country for two years to have a good enough grasp of English to understand what was required of you, and what the officer was saying to you. So it will come across as making excuses, and ultimately, you don't need a good grasp of English anyway to know that a 16-17 railcard is not the same as a 16-25 one.

Thank you for the advice. I was wondering if I could email them? Waiting for months on end for such a letter is extremely stressful.
also, if they decide to prosecute me straight away, is there any way to avoid that or appeal it? i have only travelled via the train 17 times in the last two years, out of which 5-6 times the tickets were bought with the wrong railcard.

No, they won't thank you for emailing them, and most companies actively discourage it until you have received a letter from them.

 

[dory02]

It's usual, as @ikcdab says for any settlement offer to be based on the full Anytime Single fare for any journey where you did not have a valid railcard. If these are local journeys then this won't break the bank, but if they are longer distance journeys then they could very easily add up to a very considerable sum. (As an example, a return journey from London to Manchester would be £370 at current prices.) So you are best advised to work out for yourself what the total amount could be, and make sure you have the means to pay it quickly, as you will only be allowed around 14 days to do so, else Chiltern will move to prosecution, which given your career aspirations, you don't want to have as a complicating factor.

When you get the letter I wouldn't give any of the background that you mention here

For context, I’m 21 and moved to the UK two years ago and am currently a medical student at uni

When they checked my ticket, I had also bought the ticket under the wrong rail card (16-17).

At first I was confused with the issue at hand as English is not my first language and the officer was very polite and explained to me what I had done.
An investigator might expect a medical student who has been in the country for two years to have a good enough grasp of English to understand what was required of you, and what the officer was saying to you. So it will come across as making excuses, and ultimately, you don't need a good grasp of English anyway to know that a 16-17 railcard is not the same as a 16-25 one.



No, they won't thank you for emailing them, and most companies actively discourage it until you have received a letter from them.

An investigator might expect a medical student who has been in the country for two years to have a good enough grasp of English to understand what was required of you, and what the officer was saying to you. So it will come across as making excuses, and ultimately, you don't need a good grasp of English anyway to know that a 16-17 railcard is not the same as a 16-25 one.
Initially he kept saying it was the incorrect rail card but was not pointing out where it was written the incorrect one as the railcard on my railcard said 16-25 which I am. And I was confused as to how the setting on the app let me buy the railcard at 16-17 prices if I didn't have a 16-17 railcard. I am a medical student and my english is massively improved but he spoke very fast for me to understand what he was saying initially. he was very sweet and slowed down a little when he realized i was confused. i do not intend to use my english as an "excuse" of any sort because I was not confused when i bought my railcard or ticket. it was a mistake. i apologize if it came across as an "excuse"

No, they won't thank you for emailing them, and most companies actively discourage it until you have received a letter from them.

alright then, i will wait for the letter to arrive to me first then.

 

[Gloster]

Just to make a couple of points clear. If they offer you an out of court settlement, which means no criminal record, they normally ask for the full Anytime Single fare for each and every journey made, i.e. for a return journey you would have to pay two fares, one out and one return. They do not make any allowance for any money that you did pay or for for any reductions you may be entitled to. They then add their investigation costs, which usually start at around £150. They expect that the whole sum will be paid in full within a very short period, usually no more than two weeks from them making the offer, and they virtually never offer payment plans.

 

[Hadders]

Welcome to the forum!

There isn't anything you can do until you get the letter from Chiltern, they deal with hundreds of these cases at any one time and you just have to wait your turn to be dealt with.

When the letter does come it will use quite threatening languaue and say that they have received a report, are considering prosecuting you and asking for your version of events before deciding how to proceed. It is important you reply to this letter and I suggest a short, concise reply mentioning the following:

- 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

Chiltern are usually prepared to offer an administrative settlement (commonly known as an out of court settlement) to people who engage with the process and who haven't come to their attention before. We cannot guarantee this and Chiltern are within their rights to prosecute you in the magistrates court if they want to.

Be aware that Chiltern will search your online ticket purchase history and as this is likely to suggest you have travelled with an out of date railcard previously they will want to include these cases when calculating the settlement.

If you are offered a settlement expect to have to pay the value of the outstanding fares at the full Anytime rate with no credit given for the tickets you did purchase. In addition you will have to pay an admin fee, typically around £150. You will need to be in a position to pay the settlement in full within a few days of it being offered - payment in installments is not normally allowed. Paying 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.

 

[AlterEgo]

When you get the letter I wouldn't give any of the background that you mention here

For context, I’m 21 and moved to the UK two years ago and am currently a medical student at uni

When they checked my ticket, I had also bought the ticket under the wrong rail card (16-17).

At first I was confused with the issue at hand as English is not my first language and the officer was very polite and explained to me what I had done.

An investigator might expect a medical student who has been in the country for two years to have a good enough grasp of English to understand what was required of you, and what the officer was saying to you. So it will come across as making excuses, and ultimately, you don't need a good grasp of English anyway to know that a 16-17 railcard is not the same as a 16-25 one.

Quite.

I think the OP should also be aware that the railcard expiring, and subsequently the most recent purchases having been made with the "wrong" railcard (ie. the one which gives the greatest discount) is unlikely to be viewed as a mistake. Something to bear in mind when corresponding with Chiltern.

 

[dory02]

Quite.

I think the OP should also be aware that the railcard expiring, and subsequently the most recent purchases having been made with the "wrong" railcard (ie. the one which gives the greatest discount) is unlikely to be viewed as a mistake. Something to bear in mind when corresponding with Chiltern.

Oh I didn't even think of it like that! You're right, thank you for providing that perspective. I'll be careful with how I word this letter and post the draft here, after I receive the initial letter.

 

[WesternLancer]

Oh I didn't even think of it like that! You're right, thank you for providing that perspective. I'll be careful with how I word this letter and post the draft here, after I receive the initial letter.

Just make sure you can always get your post in hard copy form, as this is how they are most likely to contact you (eg if you are an overseas student and go abroad to see your family for example see if someone can check your post whilst away) - but also keep an eye on your e-mails including your spam.

People here will help advise you on how to go through the process and get the best outcome you can. Be re-assured you are some way off getting a criminal record and all being well this can be avoided so long as you reply to Chiltern Railway company using advice from people here.

 

[dory02]

Hi there

I have received a letter from children railways regarding a possible prosecution. Essentially, in August, I had traveled with an expired Railcard and was caught for it. I was completely unaware that it had expired, and it was my only journey that IHi there

I have received a letter from children railways regarding a possible prosecution. Essentially, in August, I had traveled with a expired Railcard and was caught for it. I was completely unaware that it had expired, and it was my only journey that I made with the expired Railcard. I was completely cooperative with the staff member and have finally received the letter regarding the prosecution. I took advice from this online forum and even spoke to a solicitor, and replied to chiltern Railway fraud department via email as instructed in the letter . I apologized, recognized my mistake and assured them that I would not repeat such a mistake, and that I would be taking measures to ensure that I would never miss the expiry date of my rail card as the app never notifies you.

I have waited almost 30 days, and have not received a response since the email. Should I be concerned? Should I reach out to them and chase it up or would you recommend just letting them come back to me.

 

[notmyrealname]

Hi.

It would be helpful if you post the correspondence to this thread, so the pros can see what's happened since you first posted. Cover up your name, address and any reference numbers.

 

[Hadders]

I would wait a little longer, I suspect CHiltern has a backlog at the moment.