Fare Evasion Birmingham New Street

[swarrier7]

On the 19th of July, I was stopped and penalized for buying train tickets from the wrong stop. I was told that I would be contacted about it within 2 months. So on that day I purchased a return ticket going from five ways to Wolverhampton although I was travelling from selly oak. There was revenue protection officers at new street checking tickets and they told me that there was no way I could have got on at five ways (apparently it was closed) and that they would be penalizing me. I confessed what I had done and so they looked at my ticket history and saw that I had done it before previously, then told me that this would be reported and I would receive a fine within 2 months time. It turns out my 16-25 railcard had also been expired for some time and I had not realised that it was expired or that I was apparently applying it out of hours when I wasn't supposed to be. So far I’ve only received a letter stating "All the available evidence is being considered as to whether legal proceedings are appropriate" and to reply if I have any comments I would like to make. However, I was not at home for the letter, and missed my opportunity to send them a response. I am confused as to what I should do now, and whether I should get a solicitor involved.

 

[AlterEgo]

So far I’ve only received a letter stating "All the available evidence is being considered as to whether legal proceedings are appropriate" and to reply if I have any comments I would like to make. However, I was not at home for the letter, and missed my opportunity to send them a response.

When did this letter come, and how have you become aware of it but not replied? Have you been out of the country?

 

[30907]

When did this letter come, and how have you become aware of it but not replied? Have you been out of the country?

Whatever the reason, it would be worth replying even if you are out of time, giving a reason for your delay but otherwise following the advice frequently given by our experienced member @Hadders. You may still be able to settle out of court.
(I assume there is a reference number you can quote.)

 

[swarrier7]

Hello,
I received the letter on August 13th, and yes I was out of the country until last week of August, at which point I returned to my mailbox which had been broken into, and because of that, all of the mail had been put into a pile which I hadn't sorted through until recently. I was not sure about whether I could still attempt to send anything back to them, and wasn't really sure of what kind of correspondence to send. I know that what I did was wrong and I plan on never repeating my actions, but above all else I do not wish for this to become a court case as it could affect my future.

== Doublepost prevention - post automatically merged: 16 Sep 2024 ==

but otherwise following the advice frequently given by our experienced member @Hadders.

Just wondering where I could find what you are referencing? I tried looking through his account but I couldn't find anything specifically linked to my situation.

 

[Hadders]

I doubt the train company has done anything yet due to you not responding.

I suggest you send a response back to them without delay (i.e. tomorrow). Apologise for the delay in responding and I suspect they will overlook the fact that the reply is late.

 

[Titfield]

Hello,
I received the letter on August 13th, and yes I was out of the country until last week of August, at which point I returned to my mailbox which had been broken into, and because of that, all of the mail had been put into a pile which I hadn't sorted through until recently. I was not sure about whether I could still attempt to send anything back to them, and wasn't really sure of what kind of correspondence to send. I know that what I did was wrong and I plan on never repeating my actions, but above all else I do not wish for this to become a court case as it could affect my future.

== Doublepost prevention - post automatically merged: 16 Sep 2024 ==


Just wondering where I could find what you are referencing? I tried looking through his account but I couldn't find anything specifically linked to my situation.

The generic advice @Hadders has given on a number of occasions is copied below.

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 operating companies administrative costs in dealing with the matter

It might be worth looking at some letters in other threads to see how they should be set out. If you post a draft copy of your reply in thisthread forum members will proof read it for you.

Do not use AI to write the letter as it can come across as being insincere.

The letter should use British English spelling.

 

[WesternLancer]

Hello,
I received the letter on August 13th, and yes I was out of the country until last week of August, at which point I returned to my mailbox which had been broken into, and because of that, all of the mail had been put into a pile which I hadn't sorted through until recently. I was not sure about whether I could still attempt to send anything back to them, and wasn't really sure of what kind of correspondence to send. I know that what I did was wrong and I plan on never repeating my actions, but above all else I do not wish for this to become a court case as it could affect my future.

== Doublepost prevention - post automatically merged: 16 Sep 2024 ==


Just wondering where I could find what you are referencing? I tried looking through his account but I couldn't find anything specifically linked to my situation.

as others have said get a reply to them ASAP - include a brief line to say your reply is delayed because of a problem with post at your building (letter box theft and only just received the letter) and then use guide on what to say in your reply as set out in post #6

This is your URGENT immediate priority. If you get it drafted up ASAP - it does not need to be long, and post the draft to be checked here before you send it, and get it to a post office before 4pm tomorrow and send it tracked / next day delivery. Keep a copy of what you send and what they sent you.

If they don't hear from you they will escalate it to court and you need to avoid that as it will cost you loads more money and hassle to sort it out plus massively increases the risk of a criminal record that you can avoid if you start to engage with them by replying to the letter.

 

[swarrier7]

Dear Sir/Madam,

I received your letter dated August 13th, and I thank you for the opportunity to respond. Firstly I would like to apologise for the delay in my response. I was out of the country for some time, during which the mailboxes in my building were broken into, when I returned there was some delay in sorting through all the mail and only recently had I found the letter. I understand that fare evasion is a serious offense and I feel shameful for having taken part in it. Going forward I will be paying every fare accurately without fail, and I have been since the date of the incident (Friday July 19th). Regarding my misuse of the railcard, I hope you can believe me when I say it was a genuine mistake that I had traveled without a railcard for some time as I did not have any idea that my previous railcard had expired. I have since bought a new railcard, and am trying to ensure that I use it correctly. I am of course willing to pay for any charges that I have missed out due to my actions, and would greatly appreciate if this matter could be settled without court action. I understand that there will be some administrative fees for processing this matter, which I am also prepared to pay. Once again I apologise for my actions, and would like to thank you for the opportunity to respond.

Thank you,


How does this look?

 

[John R]

You need to break it up into paragraphs, as a large block of text is more difficult to read quickly.

I wouldn’t mention that you delayed opening your mail either once you were back.

 

[swarrier7]

Dear Sir/Madam,

I received your letter dated August 13th, and I thank you for the opportunity to respond. Firstly I would like to apologise for the delay in my response. I was out of the country for some time, during which the mailboxes in my building were broken into, due to this there was some delay in receiving my mail.

I understand that fare evasion is a serious offense and I feel shameful for having taken part in it. Going forward I will be paying every fare accurately without fail, and I have been since the date of the incident (Friday July 19th).

Regarding my misuse of the railcard, I hope you can believe me when I say it was a genuine mistake that I had traveled without a railcard for some time as I did not have any idea that my previous railcard had expired. I have since bought a new railcard, and am trying to ensure that I use it correctly.

I am of course willing to pay for any charges that I have missed out due to my actions, and would greatly appreciate if this matter could be settled without court action. I understand that there will be some administrative fees for processing this matter, which I am also prepared to pay. Once again I apologise for my actions, and would like to thank you for the opportunity to respond.

Thank you,


How does this look now then? Any other things I should add?

 

[Hadders]

I wouldn’t use the words ‘genuine mistake’ when this actually happened several times. Error of judgement might be a better phrase to use.

 

[John R]

I wouldn’t use the words ‘genuine mistake’ when this actually happened several times. Error of judgement might be a better phrase to use.

I think we can separate out the deliberate short faring, and the fact that the railcard had expired some time ago, which might be a genuine oversight (and by its nature, one which could result in multiple purchases of the wrong ticket). Though I agree that I wouldn't expect much sympathy regarding the latter given the deliberate fare dodging.

 

[swarrier7]

Dear Sir/Madam,

I received your letter dated August 13th, and I thank you for the opportunity to respond. Firstly I would like to apologise for the delay in my response. I was out of the country for some time, during which the mailboxes in my building were broken into, due to this there was some delay in receiving my mail.

I understand that fare evasion is a serious offense and I feel shameful for having taken part in it. Going forward I will be paying every fare accurately without fail, and I have been since the date of the incident (Friday July 19th).

Regarding my misuse of the railcard, I hope you can believe me when I say it was a genuine mistake that I had traveled without a railcard for some time as I did not have any idea that my previous railcard had expired. I had no idea that the trainline app would permit me to buy fares at the discounted price without a valid railcard and so I believed that my railcard was still valid. I realise now that this was a massive oversight and I’m prepared to be more diligent in the future. I have since bought a new railcard, and am trying to ensure that I use it correctly.

I am of course willing to pay for any charges that I have missed out due to my actions, and would greatly appreciate if this matter could be settled without court action. I understand that there will be some administrative fees for processing this matter, which I am also prepared to pay. Once again I apologise for my actions, and would like to thank you for the opportunity to respond.

Thank you,


I amended the part about the railcard, as I did previously have one and just didnt realise it had expired. Hope it looks ok now as I’d like to send the letter soon.