Nightmare2025
New Member
Hi, today I received the letter below. On the occasion in question I arrived at Banbury when I was asked for my railcard. When I went to show the person, I realised it had expired in June 2024. I made a number of journeys between the expiry date and the 18th October 2024. I believe that, according to their usual system, the amount I will "owe" the train companies is the full cost of every journey I made during that period as single tickets. I think this is in the region of £1,300.
I genuinely had no idea that the railcard had expired as I had no notification from the Trainline app and it continued to auto-fill the 26-30 railcard section when I went to buy new tickets despite being expired. Please can you advise me on the best way to proceed? What should I do next? The letter states I have 14 days before being processed for a summons and the letter was sent on the 28th February so I've already lost several days.
[Edit] Questions that have occurred to me today:
- I've seen similar (verbatim) letters others have posted which have NOT referred to seeking legal advice. Should I therefore engage a solicitor?
- Should I suggest an amount to the train company based on my calculations or should I just say I want to make amends and let them tell me how much they think I should pay?
We are in receipt of a report, which advises that on Friday 18th October 2024, a person giving your name and address details was spoken to by railway revenue protection staff in connection with a journey between Marylebone and Banbury, at the time you failed to show a valid rail ticket for the journey that you were making or had made.
Following you being spoken to; the Economic Crime, Fraud & Prosecutions Unit submitted a data access request Under Schedule 2 Part 1 Paragraph 2 of the Data Protection Act 2018 and GDPR Article 6 (1) (d), to various rail ticket retailers, which has revealed that you may have avoided the correct rail fare on other occasions.
If you have a valid railcard but were unable to produce it to the rail official on the day in question, please email a copy of any railcards you hold or previously held for us to review.
The purpose of this letter is to advise you of the report and of any action that may follow from it, and to provide you with the opportunity to inform us of any mitigation that you may wish to be considered. This should be sent via email to Fraud@chilternrailways.co.uk
The report of this incident indicates that in the absence of a satisfactory explanation, evidence does exist to warrant a prosecution in accordance with the current legislation. These considerations may include whether any charge should allege an offence against Railway Byelaws (2005), or the Regulation of Railways Act 1889.
You are therefore advised to seek out independent legal advice from a Solicitor trained in criminal law and who is registered with the Law Society. It would also be an advantage if they have knowledge of rail fare law, as this is a specialised area.
The company considers this a serious matter, and if we do not hear from you within 14 days of the date of this letter, this matter will be passed to our Prosecuting Authority with a view to obtaining a Summons to a Magistrates' Court hearing, this may be issued without further reference to you.
I genuinely had no idea that the railcard had expired as I had no notification from the Trainline app and it continued to auto-fill the 26-30 railcard section when I went to buy new tickets despite being expired. Please can you advise me on the best way to proceed? What should I do next? The letter states I have 14 days before being processed for a summons and the letter was sent on the 28th February so I've already lost several days.
[Edit] Questions that have occurred to me today:
- I've seen similar (verbatim) letters others have posted which have NOT referred to seeking legal advice. Should I therefore engage a solicitor?
- Should I suggest an amount to the train company based on my calculations or should I just say I want to make amends and let them tell me how much they think I should pay?
We are in receipt of a report, which advises that on Friday 18th October 2024, a person giving your name and address details was spoken to by railway revenue protection staff in connection with a journey between Marylebone and Banbury, at the time you failed to show a valid rail ticket for the journey that you were making or had made.
Following you being spoken to; the Economic Crime, Fraud & Prosecutions Unit submitted a data access request Under Schedule 2 Part 1 Paragraph 2 of the Data Protection Act 2018 and GDPR Article 6 (1) (d), to various rail ticket retailers, which has revealed that you may have avoided the correct rail fare on other occasions.
If you have a valid railcard but were unable to produce it to the rail official on the day in question, please email a copy of any railcards you hold or previously held for us to review.
The purpose of this letter is to advise you of the report and of any action that may follow from it, and to provide you with the opportunity to inform us of any mitigation that you may wish to be considered. This should be sent via email to Fraud@chilternrailways.co.uk
The report of this incident indicates that in the absence of a satisfactory explanation, evidence does exist to warrant a prosecution in accordance with the current legislation. These considerations may include whether any charge should allege an offence against Railway Byelaws (2005), or the Regulation of Railways Act 1889.
You are therefore advised to seek out independent legal advice from a Solicitor trained in criminal law and who is registered with the Law Society. It would also be an advantage if they have knowledge of rail fare law, as this is a specialised area.
The company considers this a serious matter, and if we do not hear from you within 14 days of the date of this letter, this matter will be passed to our Prosecuting Authority with a view to obtaining a Summons to a Magistrates' Court hearing, this may be issued without further reference to you.
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