GTR - Notice of intention to prosecute

[YellowSky]

Hi there, I would like to receive some advice on the following matter.

On 4 Feb, I was running late for work. I usually tap in at Waddon (open barrier station) but in a rush I missed it. My journey is typically Waddon -> London Bridge -> Blackfriars. In this rush, I ended up getting on the train without tapping in. I couldn't find the option to book a Waddon to Blackfriars ticket on Trainline so I wrongly ended up booking a LB to Blackfriars one instead. I know that's a short fare and due to a big error of judgement on my part, I thought that would be fine since I was running late.

As my train arrived at Blackfriars earlier than it said on my ticket, I was apprehended. I then told the Revenue Protection Team officer my whole situation and he took my details down and let me go, saying it's likely I'll have to pay the fare later in full for Waddon to Blackfriars.

I have since received a notice of intent to prosecute. They have asked me to reply, asking me to provide details of what happened from my POV. I am planning to send the following reply and would like to hear any feedback. I only said that stuff about being late and in a rush to provide context for the situation - to make it clear, I know it was my mistake which I regret and I will take this as a learning experience and buy tickets in advance.

I would also appreciate any further advice if possible please. Namely, if you recommend that I get a solicitor. This was a very poor choice by me and I'm keen to get it sorted out. I have attached the letter I received, with my personal details cropped.

If someone could also let me know if it is customary to be given a NIP after being apprehended on only one occasion, or if this NIP means that they have issued this NIP based on my trainline record, that would be appreciated.

(For context, I have never been apprehended or had my details taken before. I've used trainline for years now and while I am 99% sure that I have paid in full for all of my train journeys, a small part of me thinks that there may be one or two occasions where I had the wrong ticket. Does this need to be flagged by me in my response or should I just expect this to be added to the settlement fee?)

Thanks a lot in advance - any help would be extremely appreciated.

Draft Reply:

Dear Sir/Madam,

I am writing to you about the incident pertaining to reference [].

I would like to sincerely apologise for not holding a valid ticket for my full journey from Waddon to London Blackfriars. I understand that this did not cover the entire journey from the start and I am very regretful that I purchased the wrong ticket.

I acknowledge that I violated my responsibility to ensure that I travel with the correct ticket and I will endeavour to ensure that I do so going forward. I know that being in a rush is not a valid excuse. I apologise once again for my complacency and any resources spent dealing with my mistake.

I have taken actions by setting alarms the night before work to pre book tickets in advance, or by getting to the station on time to tap in with my oyster card to avoid this situation.

I would be very thankful if you would consider letting me settle this matter out of court where I am willing to cover any outstanding costs. In the future I will make sure I always have a valid ticket while travelling.

I am sorry once again and hope to resolve this matter amicably and with cooperation.

Yours faithfully,
Name

 

[Fawkes Cat]

Hi there, I would like to receive some advice on the following matter.

On 4 Feb, I was running late for work. I usually tap in at Waddon (open barrier station) but in a rush I missed it. My journey is typically Waddon -> London Bridge -> Blackfriars. In this rush, I ended up getting on the train without tapping in. I couldn't find the option to book a Waddon to Blackfriars ticket on Trainline so I wrongly ended up booking a LB to Blackfriars one instead. I know that's a short fare and due to a big error of judgement on my part, I thought that would be fine since I was running late.

As my train arrived at Blackfriars earlier than it said on my ticket, I was apprehended. I then told the Revenue Protection Team officer my whole situation and he took my details down and let me go, saying it's likely I'll have to pay the fare later in full for Waddon to Blackfriars.

I have since received a notice of intent to prosecute. They have asked me to reply, asking me to provide details of what happened from my POV. I am planning to send the following reply and would like to hear any feedback. I only said that stuff about being late and in a rush to provide context for the situation - to make it clear, I know it was my mistake which I regret and I will take this as a learning experience and buy tickets in advance.

I would also appreciate any further advice if possible please. Namely, if you recommend that I get a solicitor. This was a very poor choice by me and I'm keen to get it sorted out. I have attached the letter I received, with my personal details cropped.

If someone could also let me know if it is customary to be given a NIP after being apprehended on only one occasion, or if this NIP means that they have issued this NIP based on my trainline record, that would be appreciated.

(For context, I have never been apprehended or had my details taken before. I've used trainline for years now and while I am 99% sure that I have paid in full for all of my train journeys, a small part of me thinks that there may be one or two occasions where I had the wrong ticket. Does this need to be flagged by me in my response or should I just expect this to be added to the settlement fee?)

Thanks a lot in advance - any help would be extremely appreciated.

Draft Reply:

Dear Sir/Madam,

I am writing to you about the incident pertaining to reference [].

I would like to sincerely apologise for not holding a valid ticket for my full journey from Waddon to London Blackfriars. I understand that this did not cover the entire journey from the start and I am very regretful that I purchased the wrong ticket.

I acknowledge that I violated my responsibility to ensure that I travel with the correct ticket and I will endeavour to ensure that I do so going forward. I know that being in a rush is not a valid excuse. I apologise once again for my complacency and any resources spent dealing with my mistake.

I have taken actions by setting alarms the night before work to pre book tickets in advance, or by getting to the station on time to tap in with my oyster card to avoid this situation.

I would be very thankful if you would consider letting me settle this matter out of court where I am willing to cover any outstanding costs. In the future I will make sure I always have a valid ticket while travelling.

I am sorry once again and hope to resolve this matter amicably and with cooperation.

Yours faithfully,
Name

Welcome to the forum!

In our experience, GTR (the train company that you are dealing with) almost always agree to let people who co-operate settle out of court. If you send your letter, I think you will be able to keep the matter out of court for the train fare you should have paid plus admin fees of maybe £150.

 

[Pushpit]

If someone could also let me know if it is customary to be given a NIP after being apprehended on only one occasion, or if this NIP means that they have issued this NIP based on my trainline record, that would be appreciated.

I think you have a good letter there and I would have every expectation that it will secure an out of court settlement offer for you, given what you have said. There may be some minor improvements to the letter but I doubt they will shift the dial in any material way.

For the question about NIP - you did this on a section of the railway which is notorious for short fares. Since it almost always is both easier and cheaper to use contactless/Oyster for that trip, buying a ticket pretty much says "I am evading my fares". This particular route is Short Fare Central, there are many other such reports in this forum. People tend not to do this just once, so I would expect GTR to trawl your data - either now or in the future - for similar events. So no, being given an NIP is purely down to the precise actions you took here. Moreover since it takes a second to tap your ticket then being in a rush isn't that credible either, or at least that is what I suspect the agent for GTR will feel when they see your letter. But leave that in, if it's 101% true, they will have seen it all before anyway.

 

[YellowSky]

Hi - thank you so much for your response. I think I will send my response across soon. I've written up (with some minor adjustments) and have it ready in printed format.

Do you have any idea whenabouts they'll get back to me?

And what could be the potential reasons GTR can deny an out of court settlement?

Thanks a lot in advance.

 

[Pushpit]

Do you have any idea whenabouts they'll get back to me?

And what could be the potential reasons GTR can deny an out of court settlement?

It could take a number of weeks before you hear back. They aren't usually too bad, compared to some other train companies, but even a couple of months would not be unusual. You aren't being treated as a customer here, so you can't really complain about it or jolly them into a fast response.

As to GTR not giving an out of court proposal - basically they always seem to offer this opportunity to those who engage with them in sensible terms, hence I don't see much point in overdoing the wording. For another company, someone was denied a settlement when the wrote a fairly stroppy letter back, blaming the railway for poor service, which was probably true but sometimes it's helpful to choose one's moments of candour. They have offered settlements even for "industrial levels" of short faring. Why? Because they get their money sooner and more easily than waiting for the court system - which can result in GTR making a net loss on the prosecution. Money in the bank, in other words.