Prosecution at Birmingham New Street

[smxira]

Hi I got given a notice for using 16-17 railcard more than once yesterday. She went through my phone Trainline history and found out I’ve been doing it more than once. Then went into my wallet to find my ID. I’ve learnt my lesson I will buy the proper tickets in the future. I’m willing to pay the fine or whatever happens but I’m just stressed and anxious waiting on hearing from what happens next.

Anyone can help me with what will happen next following that day? Just need some information on the process

Looking back on this thread, you were originally worried that you were going to be prosecuted. So to that extent getting a settlement out of court is a good result.

And that being the case, how much money are the railway asking for that you don't think that they are entitled to? If you start arguing over some journeys, it's certainly going to take you extra time and energy - and there's at least a risk that the railway will withdraw the settlement offer that they have made you and take you to court after all.

Before deciding to fight this point, work out if it make most sense just to pay up and make the whole problem go away!

It adds to about £138. I’m really happy with the fee I’ve been given honestly I was expecting more, but I just don’t think it’s right to charge me for genuine tickets

 

[John R]

I ended up receiving my fine out of court which I am more than happy to pay. However some of the transactions I’m being charged for I believe are incorrect, they have added short journey fraud for actual adult tickets I’ve used. From Birmingham international/new street to Lea hall. My partner lives in Lea hall so I go there often. I don’t think I’ve ever used adult tickets to commit short journey fraud as that’s not in my intention the prices are the same without it and there are barriers where I’m from. I believe the wrong tickets I’ve only ever bought are using the wrong railcard.

Unless the amount they are "unfairly" charging you is considerable, I would just pay up and consider it part of the price to pay for having defrauded them in the first place. The risk you have is that they will not believe you and withdraw the offer. Or alternatively, the extra work in considering a further representation from you could just increase the admin fee by the amount that you are looking to have removed from the settlement offer.

 

[JordR]

Those journeys are single-digit pounds, so on a balance of risk and getting your desired outcome it may not be worth disputing this further. WMT can offer to settle on pretty much any basis they like that isn't obviously excessive or indeed they're not required to settle at all.

If you settle out of court the payment isn't a fine, although it might feel like one. Importantly there's no criminal record associated with it either.

Edit: I've noticed since posting you've confirmed the aggregate value of the tickets.

 

[AlterEgo]

It adds to about £138. I’m really happy with the fee I’ve been given honestly I was expecting more, but I just don’t think it’s right to charge me for genuine tickets

They've no idea if they are genuine or not and I think they're being unreasonable here; Lea Hall is not the closest station to New Street and I don't think they have a reasonable basis to suspect short faring. They didn't catch you short faring either.

You can tell them they're genuine, and perhaps even tell them why. If you can substantiate any of the journeys this will help you.

 

[philthetube]

I would pay what they are asking then point out that these journeys were correctly paid for, if it is possible to pay by cheque then send two, asking them to destroy the one not accepted.

 

[smxira]

They've no idea if they are genuine or not and I think they're being unreasonable here; Lea Hall is not the closest station to New Street and I don't think they have a reasonable basis to suspect short faring. They didn't catch you short faring either.

You can tell them they're genuine, and perhaps even tell them why. If you can substantiate any of the journeys this will help you.

I did let them know and they ended up taking it off, thank you!!

 

[30907]

I did let them know and they ended up taking it off, thank you!!

That is good news, thanks for the info which will help when advising others.