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Notice of prosecution response time!!

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7454567

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I know the threads have been merged but there are some quite significant variations in the way this account is being presented.

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I was slightly dubious with that thread when the OP suggested JC+ responded in an extraordinarily quick time to a SAR and the TOC responded even quicker to close the case. The thread disappeared shortly afterwards.
Sorry let me clarify, he turned 26 in December 2023, he 100% had a 16-25 railcard but is unsure if he had a 26+ railcard. They have then asked to prove if he had a railcard from December 2023 and an original jobseeker one which he also 100% had, so at present they are asking for railcards to cover periods where he did have them?
 
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enyoueffsea

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but as above, if the incident was on 2 November (n.b. for readers of this, refer to post #5) then the railway are out of time to start a prosecution.

It is of course possible they have lodged the papers at court but may take a week or two for the court to process.

I wouldn’t be able to explain the most recently received email in that scenario though.
 

7454567

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It is of course possible they have lodged the papers at court but may take a week or two for the court to process.

I wouldn’t be able to explain the most recently received email in that scenario though.
They can’t possibly have sent letters for court action while also going down a seperate route of fraud and trying to get more money that way, it seems to me they are aware they missed the deadline so to try and recoup costs have now brought up another issues which is wholly separate to the original ?
 

enyoueffsea

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Sorry let me clarify, he turned 26 in December 2023, he 100% had a 16-25 railcard but is unsure if he had a 26+ railcard. They have then asked to prove if he had a railcard from December 2023 and an original jobseeker one which he also 100% had, so at present they are asking for railcards to cover periods where he did have them?

What date did he purchase the 16-25 railcard and therefore what date did it expire?

What date did he purchase the 26+ railcard, if he did purchase it? I’m not sure how anyone can be unclear if they had a railcard 12 months ago, to be honest. He either purchased one or didn’t.

Also, just picking up after re-reading that their email talks about refunds. Has he ever requested a refund for any tickets?

They can’t possibly have sent letters for court action while also going down a seperate route of fraud and trying to get more money that way, it seems to me they are aware they missed the deadline so to try and recoup costs have now brought up another issues which is wholly separate to the original ?

You make an assumption that the TOC work with both logic and chronology. Unfortunately, they don’t.
 

7454567

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What date did he purchase the 16-25 railcard and therefore what date did it expire?

What date did he purchase the 26+ railcard, if he did purchase it? I’m not sure how anyone can be unclear if they had a railcard 12 months ago, to be honest. He either purchased one or didn’t.

Also, just picking up after re-reading that their email talks about refunds. Has he ever requested a refund for any tickets?



You make an assumption that the TOC work with both logic and chronology. Unfortunately, they don’t.

He can’t remeber when he bought it ‍♀️ and has deleted it off Trainline app as it was at this point years old. He is going to ring them tomorrow to get the details. He said he hasn’t requested any refunds and there are none on the Trainline app, I’m assuming that was more of a generic email
So they can be prosecuting the original case in court and then this one at the same time ?

== Doublepost prevention - post automatically merged: ==

Here is a rough draft with a response so far any advice will be appreciated

To whom it may concern,
I am willing to cooperate 100% into this matter and would be appreciative if this matter could be settled out of court, I am happy to pay whatever sum you deem appropriate to resolve this swiftly.
To help answer you questions I have taken the following action. I was on universal credit from xxx to xxx. I had a job Center plus railcard during this time and I am going to ring the job Center as soon as it opens after the bank holiday and send you the proof. For the 2023 onward, am I able to be sent the list for my ticket purchasing history in the meantime, I cannot see on my Trainline app that a railcard has been applied to tickets, if this is the case and my railcard did expire prior to those journies I can only apologise as this was not my intention to travel with a discounted ticket when I wasn’t entitled to, I have had incidents wherein Trainline has automatically applied a railcard that has since expired but I know it is my responsibility to check if this has been accidentaly added . Again to rectify this I am going to call Trainline once they are open to see if they have my details of the railcard expiry as it has since been deleted as this was well over a year ago now
 

Fawkes Cat

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in their email they said they are now looking to prosecute under the fraud act which has no deadline on it?
It's worth thinking about how realistic this threat is. In brief, I don't think it's very likely.

The thing is, what is being suggested is a criminal prosecution. That means that the prosecution would have to show 'beyond reasonable doubt' that your bf had used Railcard tickets when he didn't have a Railcard. That's two hurdles for the prosecution to get over:
- did he have a Railcard? It's for the prosecution to prove that he didn't rather than for your bf to prove that he did. And since there's no obligation for your bf to have kept an old Railcard or to have bought one in a traceable way that's quite difficult for the prosecution - unless your bf helps them by admitting that he didn't have a Railcard.
- did he use the tickets that he bought? Buying tickets with a Railcard that you don't hold isn't an offence - but using them is. I will say that this is a weaker point in that a prosecutor might reasonably ask why someone was buying tickets that they couldn't use (there are good reasons if you buy tickets for friends and family who DO have Railcards - but you should only say that if it's true), but that's still no reason for your bf to help the prosecution do their job for them.

While it would be open for Chiltern to go through the civil courts to recover the fares they think they are owed (that has a lower standard of proof - whose story is more likely to be true? That gets around the problem of buying tickets as it could reasonably be assumed that they were bought by your bf for use by your bf but still leaves the problem that it's not unreasonable to have thrown away old Railcards) that would still be a costly risk for the railway to take - there's no guarantee that they would win, and if they lose they have lost their costs.

Realistically, Chiltern are trying it on. They're out of time for a magistrate's court case and are abusing information they have picked up from this forum. Ignore them and don't help them to take money away from your bf.
 

7454567

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It's worth thinking about how realistic this threat is. In brief, I don't think it's very likely.

The thing is, what is being suggested is a criminal prosecution. That means that the prosecution would have to show 'beyond reasonable doubt' that your bf had used Railcard tickets when he didn't have a Railcard. That's two hurdles for the prosecution to get over:
- did he have a Railcard? It's for the prosecution to prove that he didn't rather than for your bf to prove that he did. And since there's no obligation for your bf to have kept an old Railcard or to have bought one in a traceable way that's quite difficult for the prosecution - unless your bf helps them by admitting that he didn't have a Railcard.
- did he use the tickets that he bought? Buying tickets with a Railcard that you don't hold isn't an offence - but using them is. I will say that this is a weaker point in that a prosecutor might reasonably ask why someone was buying tickets that they couldn't use (there are good reasons if you buy tickets for friends and family who DO have Railcards - but you should only say that if it's true), but that's still no reason for your bf to help the prosecution do their job for them.

While it would be open for Chiltern to go through the civil courts to recover the fares they think they are owed (that has a lower standard of proof - whose story is more likely to be true? That gets around the problem of buying tickets as it could reasonably be assumed that they were bought by your bf for use by your bf but still leaves the problem that it's not unreasonable to have thrown away old Railcards) that would still be a costly risk for the railway to take - there's no guarantee that they would win, and if they lose they have lost their costs.

Realistically, Chiltern are trying it on. They're out of time for a magistrate's court case and are abusing information they have picked up from this forum. Ignore them and don't help them to take money away from your bf.
Thanks, this is the issue, he knows he had the railcard but he obvs hasn’t keep it for the past 6 years he can prove he was claiming benefits and henceforth would have been eligible for it but again if he can’t prove that, Chiltern will continue down the fraud route or give a fine for perfectly valid tickets, in terms of them being used I imagine the tickets were used but then it depends on weather they were ever scanned either at barriers or by a ticket inspector as most the time barriers are now open for them to argue they were 100% used, would it be reasonable to ask for the list of these supposed journey which I feel they should have sent initially, and ask if they can provide proof they were used as well?
 

Pushpit

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Thanks, this is the issue, he knows he had the railcard but he obvs hasn’t keep it for the past 6 years he can prove he was claiming benefits and henceforth would have been eligible for it but again if he can’t prove that, Chiltern will continue down the fraud route or give a fine for perfectly valid tickets, in terms of them being used I imagine the tickets were used but then it depends on weather they were ever scanned either at barriers or by a ticket inspector as most the time barriers are now open for them to argue they were 100% used, would it be reasonable to ask for the list of these supposed journey which I feel they should have sent initially, and ask if they can provide proof they were used as well?
I think your previous letter is an entirely sensible way forward, and it will be over to Chiltern to show their data and make an assessment. The "fraud" threat isn't realistic, civil recovery is realistic, but that't not the point of the threat - it's to get you to engage in the process and Chiltern to recover losses, if any. It's not reasonable, nor a requirement, to dig out paperwork from 5 years ago. Chiltern can ask whether a railcard was held, but you can just give an honest reply. The "balance of probabilities" used in civil recovery goes to both sides.
 

7454567

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I think your previous letter is an entirely sensible way forward, and it will be over to Chiltern to show their data and make an assessment. The "fraud" threat isn't realistic, civil recovery is realistic, but that't not the point of the threat - it's to get you to engage in the process and Chiltern to recover losses, if any. It's not reasonable, nor a requirement, to dig out paperwork from 5 years ago. Chiltern can ask whether a railcard was held, but you can just give an honest reply. The "balance of probabilities" used in civil recovery goes to both sides.
Yeh I think I’ll ask for the list first while we are getting the proof but again these were from years ago it’s very possible there are no record of it anymore but it’s then down to them to prove he didn’t have one
 

AlterEgo

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Yeh I think I’ll ask for the list first while we are getting the proof but again these were from years ago it’s very possible there are no record of it anymore but it’s then down to them to prove he didn’t have one
It’s down to them to show that on a balance of probabilities he didn’t have one, rather than really “prove” it. But they can offer no evidence to counter his assertion, so I think a court would decide, on balance, he didn’t hold one and doesn’t owe any money.
 

7454567

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This is the draft reply would appreciate it if you could all have a read and let me know

Good afternoon,

I wanted to reply swiftly and update yourselves on the matter to show my full cooperation.
For the job centre railcard you have requested during that period I was on universal credit, the card was a physical copy and as it was nearly 6 years old I do not have it anymore. However as soon as the job centre opens tomorrow after the bank holiday I will contact them to get proof sent over to yourselves.

For my railcard from December 2023 again I have had a look and do not have a physical card currently, I would be grateful if you could provide the list of my ticket history where you know I travelled with a railcard from December 2023 as my trainline app does not show if a railcard has/has not been applied. I want to make it clear that if I did select that I had a railcard it would be because I had one, I would never intentionally buy the wrong ticket to get a bit of a discount. I cannot remember the date I last bought the last 16-25 railcard as it was such a long time ago now and any 16-25 card would have since expired, the likelihood is I would have bought one at a station in cash before December 2023 that would then have covered me for a year as I wouldn't never knowingly buy a discounted ticket. However I am fully aware and agree that if you believe I travelled with an invalid ticket and due to me not keeping appropriate records I am more then happy to pay the correct amounts/whatever you deem appropriate to settle this matter out of court.

I am fully committed to cooperating with yourselves and would greatly appreciate if we can settle this matter. I fully understand the seriousness of the accusations and cannot express how sorry I am if I have been unintentionally purchasing the wrong tickets.
 

AlterEgo

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I was slightly dubious with that thread when the OP suggested JC+ responded in an extraordinarily quick time to a SAR and the TOC responded even quicker to close the case. The thread disappeared shortly afterwards.
This was very dubious; none of that thread passed the smell test.

Occasionally we get members who join for the sole reason of posting that they had the most brilliant experience with a TOC, they voluntarily attended an interview under caution at head office and it was really nice and the people were so lovely, and they were delighted to pay £2000 in Anytime fares to get a £12 fare evasion charge off their back. We've had a couple of those. They are very suspicious and more likely than not to be revenue staff who are looking to game the forum hive mind.
 

7454567

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Hi everyone, Chiltern has sent me a list of my ticketing history to look through and comment on, this mostly involved a railcard I had back in 2020 which I have no way of proving I had now as it’s so long ago. However what’s thrown me is they said some of the journeys they have pointed out they do not believe I had a full ticket for and are asking when the journey actually began and ended. My issue is the ones they have highlighted are correct. It appears all that are highlighted are where I was only on the train for 1-2 stops, but again this is correct it honestly just seems they are trying there luck. They said honesty is paramount for getting an out of court settlement and that I take responsibility. But if I have legitimately taken these journeys from the correct stops I am not going to say that I didn’t, but I feel anything other then agreeing with them would be seen as uncooperative. Does anyone have any advice ? They also asked about a refunded ticket to London, it was refunded as I didn’t go as I had Covid so again know this ticket wasn’t used as I imagine they also know yet it’s still on the list ?
 

185143

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Hi everyone, Chiltern has sent me a list of my ticketing history to look through and comment on, this mostly involved a railcard I had back in 2020 which I have no way of proving I had now as it’s so long ago. However what’s thrown me is they said some of the journeys they have pointed out they do not believe I had a full ticket for and are asking when the journey actually began and ended. My issue is the ones they have highlighted are correct. It appears all that are highlighted are where I was only on the train for 1-2 stops, but again this is correct it honestly just seems they are trying there luck. They said honesty is paramount for getting an out of court settlement and that I take responsibility. But if I have legitimately taken these journeys from the correct stops I am not going to say that I didn’t, but I feel anything other then agreeing with them would be seen as uncooperative. Does anyone have any advice ? They also asked about a refunded ticket to London, it was refunded as I didn’t go as I had Covid so again know this ticket wasn’t used as I imagine they also know yet it’s still on the list ?
The usual first question for things like this:
Have you been stopped at any point by Chiltern?
 

7454567

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The usual first question for things like this:
Have you been stopped at any point by Chiltern?
Yes back in November, I then received the notice of intended prosecution on march to which I replied, they only replied a couple days ago asking for proof of railcards which I now no longer have they said they can do me for fraud but I just find it suspicious they said this only once the 6 month limit passed for the original “fare evasion”, they have since sent a list of journeys for me to comment on. Ironically the original incident I was stopped for the inspector claimed I bought the ticket after I got off the train but the records they just sent over said I bought it 10 mins before the train even departed the station. I just think it seems they are fishing for me to admit to things I didn’t do so they can gain more money in hopes the threat of court would make me just go along with it, but also yeh I don’t want to end up in court, I have said to most of them I’m happy to pay as can’t provide the railcard anyway but some of these journeys have been highlighted saying we don’t belive that’s were u started/stoped and can I say where the actual stops are but again they are the correct ones?
 

Elecman

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Where did you buy the railcard(s)from and how fid you pay for them? If not by cash then Bank Statements/ Credit Card bills would show the respective payments made. When in November were you stopped?
 

7454567

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Where did you buy the railcard(s)from and how fid you pay for them? If not by cash then Bank Statements/ Credit Card bills would show the respective payments made. When in November were you stopped?
Stopped November 2nd, one of them was issued by the job Center back in 2020, I called them and they don’t keep records for back then, I called universal credit who confirmed the dates I was claiming. It’s annoying I will now more the Lilly be paying for all them journeys when I know for a fact i had one but it’s now impossible to prove
 

Elecman

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Chiltern nay well have hedged thier bets and already laid papers at the Court ahead of your response so you may still find a summons arriving in the next couple of weeks
 

7454567

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Are they allowed to do that if they then settle out of court, they can’t make u pay a hefty sum to settle out of court to then find they are taking you to court anyway ?
 

Titfield

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Are they allowed to do that if they then settle out of court, they can’t make u pay a hefty sum to settle out of court to then find they are taking you to court anyway ?

It is designed for want of a better description as a twin track policy to prevent them running out of time to lay papers before the court. If you settle out of court then they withdraw the court action.
 

7454567

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They are still emailing me regarding the matter and keep mentioning out of court settlement so it seems as if they would still be deciding either way, if they do offer it I’ll ask them to clarify if any papers have been laid
 

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Moderator Note - I've re-opened the original thread and merged the two threads started by @7454567 as they relate to the same issue.

== Doublepost prevention - post automatically merged: ==

Stopped November 2nd, one of them was issued by the job Center back in 2020, I called them and they don’t keep records for back then, I called universal credit who confirmed the dates I was claiming. It’s annoying I will now more the Lilly be paying for all them journeys when I know for a fact i had one but it’s now impossible to prove
I think it's unreasonable to expect people to keep records of railcards going back five years. The Job Centre Plus Railcards is a well known way to evade paying fares but if you genuinely had one in 2020 then showing that you were claiming Universal Credit at the time the journeys were made might be sufficient if accompanied by a well worded letter.
 

7454567

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Moderator Note - I've re-opened the original thread and merged the two threads started by @7454567 as they relate to the same issue.

== Doublepost prevention - post automatically merged: ==


I think it's unreasonable to expect people to keep records of railcards going back five years. The Job Centre Plus Railcards is a well known way to evade paying fares but if you genuinely had one in 2020 then showing that you were claiming Universal Credit at the time the journeys were made might be sufficient if accompanied by a well worded letter.
Hi I have shown proof of the universal credit claim, but then on the email they replied with was worded as if they knew I had a job Center plus card they said it seems likes it’s been applied past its expiry date, Meaning they knew i had one but are also still more then likely gonna charge me for those journeys anyway. They have also asked me to comment on about 4 refunds again from about 4 years ago, but how is anyone supposed to remember what journeys they did or did not take then. I would have asked for a refund due to me not being able to travel but how am i supposed to now prove it
 

Titfield

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I think you need to state that you have no recollection of the circumstances of any refunds you claimed.

I would be interested to know what other forum members would think of stating that you were in possession of a job centre railcard when such a discount was claimed (assuming of course that you know or believe this to be true). You would go onto say that you dispose of railcards upon expiry.
 

7454567

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I have for all the journey I have said something along the lines of “due to it being so long ago I cannot remeber but if you believe I did not have a valid card/it expired im happy to pay the fare”
 

AlterEgo

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I have for all the journey I have said something along the lines of “due to it being so long ago I cannot remeber but if you believe I did not have a valid card/it expired im happy to pay the fare”
This is tantamount to an admission.

Say "I believe I have always paid the correct fare when using the JobCentre Plus discount card" if that is true.
 

enyoueffsea

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It appears all that are highlighted are where I was only on the train for 1-2 stops

Which stations do you depart from and arrive into in these circumstances?

Do you always have your ticket scanned either at a gate or on board?

I have for all the journey I have said something along the lines of “due to it being so long ago I cannot remeber but if you believe I did not have a valid card/it expired im happy to pay the fare”

If you are completely confident that you did have the railcard, why would you state you are unsure? Secondly, why would you offer to pay if you know you have done nothing wrong?

as if they knew I had a job Center plus card they said it seems likes it’s been applied past its expiry date

Did you use it after the expiry date?

I would have asked for a refund due to me not being able to travel but how am i supposed to now prove it

If you didn’t travel, your ticket would be unscanned and they would see that.
 

7454567

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The exact wording was “ you have advised that the Jobcentre Plus Travel Discount Card I believe I had may not have been valid at the time of this journey so I am willing to pay for this ticket”
So far they haven’t actually provided anything to say we know u did not have it etc, I have offered to pay just purely from the stress it’s caused and to get it resolved quicker as the amount even if I was to pay for every journey highlighted would be less then £200 plus an admin fee of course it just isn’t worth the hassle, any arguments would just be viewed as uncooperative

Only one of the stations have a barrier that is up most of the time, but I think some journeys would have been scanned yeh

They have obviously not said if tickets are scanned or unscanned on the list probably on purpose and there are journeys on there that I know for a fact I didn’t take or the stops are correct yet they are saying it’s not as they believe it’s suspicious. I feel I’m being made out to be a criminal for things I haven’t done just because they think it “seems” suspicious
I feel they are fishing for me to admit something I didn’t to get monitory gain due to them threatening court

== Doublepost prevention - post automatically merged: ==

Just an update, they have decided to settle, thanks so much to everyone for your help!
 
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