Notice of Intended Prosecution- chiltern railways

[emire]

Hello, today I get an email about the fraud from Chiltern Railways. around end of February, me and my cousin was travelling London towards north. I bought 2 tickets for me(normal adult) and his(with rail card). While traveling the officer come to check them an ask for railcard. Then we said okey can you give as 5 minutes, then my cousin told me that he didnt buy the rail card. Then I told him to buy immediately, then we show the officer the railcard. The officer notice it and then he want to get my address. However;
-This is Eliz who bought the tickets. I also did a many travels with and without railcard. So in my trainline application travel history unfortunately maybe 10-12 travels with railcard which I dont have it and 2-3 adult travels.
-My cousin Alex who also dont have railcard, have only 2 travels in his trainline which are valid with railcard or adult tickets.

the notification by the chiltern railways come to my email but the name drafted in the notification is my cousin name.
In that case, what do you advise to me? Should I send the mail and submit the Arda's travel history based on his account or should I submit mines?
Also we both buy the rail card after that day, so currently we have railcards.

I will be glad if you can help us. what shall we do, whose travel history should be submit, should I talk to solicitor?
Eliz

 

[ikcdab]

If I understand this correctly, you were travelling lawfully. Your cousin was not as he didn't have the Railcard.
So it's your cousin that needs to respond. He needs to write back, explain that he doesn't have a railcard and to apologise. The train company will normally offer himan out of court settlement that will be the full cost of the ticket post about £150 admin fee. If he pays that then the matter is probably closed unless they choose to investigate more in depth. In that case, come back again for advice.

 

[emire]

Hello, thank you for your response.
You understood correctly!
But the think is, if they are sending my email address- that's mean they are also able to see my travel history that I have trainline account by this mail. Unfortunately I have some past unlawful travel also, so they will be able to detect or maybe already did, so I am not sure that how we need to reply...

 

[ikcdab]

You are not required to incriminate yourself so just confined yourself to the exact journeys they have asked about.

 

[AlterEgo]

You are not required to incriminate yourself so just confined yourself to the exact journeys they have asked about.

The correspondence does indicate the company suspects other offences though, so the OP does have to respond to this allegation.

 

[LYradial]

Surely the only person who can reply to this is the person who is named on the letter, someone else cannot reply on their behalf nor should the OP reply with their own travel history.

 

[emire]

so I am still struggling, I talked to some lawyer friends a part of that said you need to just provide information about your cousin and one of them said you need to be true and tell them yourself and your cousin also. but I believe that it can lead a complexity and I also dont want to incrime my self, so what should I do?

 

[Hadders]

If I understand it correctly:

- You purchased two tickets - one full priced adult ticket for yourself, one railcard disciunted for your cousin
- Your cousin didn't have a railcard
- You had your tickets checked by an inspector. You cousin couldn't produce a railcard but Chiltern have written to you as you purchased the tickets.

Have I got this right? Further complication is that you have travelled using invalid tickets in the past which could flag up if Chiltern check your account.

If my understanding is correct your ticket was valid, therefore you have no case to answer. But your cousin was using an invalid ticket and therefore Chiltern should be dealing with him.

I would write a short concise to Chiltern telling them what happened:

- Tell them you purchased two tickets - one undiscounted ticket for yourself and a railcard discounted ticket for your cousin.
- Tell them that your ticket was valid and consequently you cannot understand why they have contacted you
- Say the issue was with your cousin's ticket as they were unable to present a valid railcard.

I would not give them your cousins details at this stage, I would say that Chiltern have messed up here by not taking your cousin's details. See what they say in reply, but if they ask for your cousin's details you might need to be prepared to give them.

It is important your reply is worded correctly so I recommend you post a draft in this thread so forum members can proof read it for you.

 

[Pushpit]

The letter is addressed to your cousin, so personally I think only your cousin should write back. He should correct the address in that letter, if that needs doing, but you of course can act as postie if it's convenient. You haven't done anything wrong, and yes you don't need to incriminate yourself or anyone else.

Your cousin should come up with an apology letter, accepting that you were travelling without a proper ticket and that this wasn't your cousin's only trip without the railcard. He can point that now he has the railcard he won't be making this mistake again (he should however set reminders for renewal). He should offer to repay the missed fares and any admin costs. There are many such letters in this forum, but he should try to use his own words, and indeed bring a draft here for checking.

If Chitern write to you then a different approach may be better, that may happen, but come back here if so.

Staff from Chiltern are watching this forum.

 

[Hadders]

The letter is addressed to your cousin, so personally I think only your cousin should write back. He should correct the address in that letter, if that needs doing, but you of course can act as postie if it's convenient. You haven't done anything wrong, and yes you don't need to incriminate yourself or anyone else.

Your cousin should come up with an apology letter, accepting that you were travelling without a proper ticket and that this wasn't your cousin's only trip without the railcard. He can point that now he has the railcard he won't be making this mistake again (he should however set reminders for renewal). He should offer to repay the missed fares and any admin costs. There are many such letters in this forum, but he should try to use his own words, and indeed bring a draft here for checking.

If Chitern write to you then a different approach may be better, that may happen, but come back here if so.

Staff from Chiltern are watching this forum.

I hadn't realised the letter was addressed to your cousin. In that case they need to reply. Personally I would make sure they mention that the ticket they used was purchased for them by another person.

 

[Puffing Devil]

I hadn't realised the letter was addressed to your cousin. In that case they need to reply. Personally I would make sure they mention that the ticket they used was purchased for them by another person.

I would avoid the issue of who bought the ticket because of Byelaw 22

Fares offences committed on behalf of another person (1) No person shall buy a ticket on behalf of another intending to enable another person to travel without having paid the correct fare.

 

[emire]

hello, I am also curious if they can access the trainline account of everyone? I mean they send the email to me for my friends but actually are they still able to see my travel history?

 

[Hadders]

hello, I am also curious if they can access the trainline account of everyone? I mean they send the email to me for my friends but actually are they still able to see my travel history?

They will be able to see your ticket purchasing history.