I helped someone buy a ticket with my railcard and took a screenshot of the railcard and put the person’s picture on the railcard incase it was checked. The person was checked on the train and they found out it was a screenshot and took their details. The ticket officer was with a revenue protection officer and they collected a lot of details and took pictures of everything. This was really stupid of us to do and I understand that it was wrong. The person was told they would be contacted and if they don’t reply they’ll be charged to court. Do you think this will lead to a criminal charge for any of us? And how likely is this going to end as a fine or out of court settlement. This looks really bad because there is clear intent of fraud and that’s why I am worried. The person was given a slip to get them to their final destination. Please I need any advice I can get.
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Prosecution advice
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R
RailUK Forums
Welcome to the forum!
Buying tickets isn't an offence, it's travelling without a valid ticket that is, so the person for whom you bought the ticket is likely to be contacted, perhaps with an "intention to prosecute" letter.
They should respond to this, explain they understand their mistake, and say - if true - that they've now bought their own railcard so that they won't be repeating the offence.
Under these circumstances it's possible that they will then receive an out of court settlement offer of something like £150 + fares avoided.
Make sure they respond and by all means get them to come here and post their draft response before sending it in due course.
Buying tickets isn't an offence, it's travelling without a valid ticket that is, so the person for whom you bought the ticket is likely to be contacted, perhaps with an "intention to prosecute" letter.
They should respond to this, explain they understand their mistake, and say - if true - that they've now bought their own railcard so that they won't be repeating the offence.
Under these circumstances it's possible that they will then receive an out of court settlement offer of something like £150 + fares avoided.
Make sure they respond and by all means get them to come here and post their draft response before sending it in due course.
Thank you this is very helpful.
The rail company would rather have money to cover its costs plus a reassurance that the fraud won't happen again, they're not significantly interested in judging the rights and the wrongs here, they just know that if it goes to court that they'll win the case.
Is the fact that there was clear intent of fraud an issue?
No, but be honest in your dealings with them, they're more interested in knowing that you/your friend have learned from the mistake and won't do it again. Just be honest and don't try and cover up your mistakes.
What will happen next is that the train company will write to your friend, asking for his version of events and that they intend to prosecute and what they intend to prosecute for.
My advice is not to reply off the cuff as many slip up here, especially as altering railcards could amount to more serious offences and you could incriminate yourself or your friend further. I would advise to post the letter here redacted as soon as it arrives. The forum members can then help draft a reply which will hopefully tempt the company to settle out of court.
My advice is not to reply off the cuff as many slip up here, especially as altering railcards could amount to more serious offences and you could incriminate yourself or your friend further. I would advise to post the letter here redacted as soon as it arrives. The forum members can then help draft a reply which will hopefully tempt the company to settle out of court.
Thank you. Just for my peace of mind, after all this is done what do you think are our chances of not getting any criminal charges. And do you think the settlement can be very outrageous like upwards of £400?
£150 plus the full fare for the fare avoided at the time. Typically. Plus fares avoided through an on-line history search, but they presumably won’t be relevant here. If you agree an out of court settlement there are no criminal charges. They just know who you are and won’t agree to similar again in future.
It depends on what train operator has stopped you and what was disclosed by your friend in interview. As for settlement advice, I don’t know I’m afraid, there are however more clued up forum members that may be able to advise here so I would read the incoming posts.
Thanks
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It was greater anglia railway btw
Outrageous is an interesting word to use, given that it is you that set out to deliberately defraud the railway.
But in answer to your question, it will depend on exactly what journey you took. The settlement will be based on the Anytime Single fare for the journey taken (twice if you were on the return leg). If you had been travelling between London and Edinburgh then that is £199.60 each way. If however, you were doing a one stop hop on a local train then obviously it will only be a few pounds. I see you were on Greater Anglia though - London to Norwich is £85 single, as an idea of the maximum hit you might take unless your journey had originated elsewhere.
Add the admin charge of around £150 typically, to whatever fare is determined appropriate.
Thank you. I understand it is entirely my fault, sorry if I came off defensive
Indeed. In a case where a person has clearly forged a discount entitlement document and used it with intent to defraud, one wonders how much more serious it needs to be in order for there to be a prosecution. Nevertheless, the railway almost invariably settles when people are open, honest, and cooperative.
You should also be aware that the railway might choose to follow up your own offence (though I am not sure off-hand exactly what law is involved).
Do you mean a possible fine/prosecution for me too?
It could only be a prosecution (resulting in a fine) - altering a ticket is an offence under railway Byelaw 20. However, I am not a lawyer, and don't know whether what you did would actually be covered. Be interesting to see if any other member has relevant knowledge.
(For a low-level offence I very much doubt that the Crown Prosecution Service would get involved for anything more serious.)
I hope I haven't scared you unnecessarily - I just wanted to flag up that you might not get off scot-free.
Cuthbert
Member
They will have your details through the railcard you doctored.
Did you have the barcode on it?
The TKK scanners many ToCs use can read Railcard and show the person details of the scan.
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