Help - Chiltern Railways potential prosecution

[123moo5678]

Hi - looking for some advice on actions to take based on the below:

On the day in question (about 4 weeks ago), I purchased a return ticket from Harrow-on-the-hill to London MYB (although I was actually travelling from Aylesbury). On my return leg I passed through the barriers with my ticket but then decided to board a train to Beaconsfield (my plans had changed). Someone obviously spotted this and I was stopped by a ticket inspector and ticket investigator. When getting off the train I quickly purchased a ticket to Beaconsfield, although inevitably they saw through this. They took pictures of my original ticket, the new one to Beaconsfield and my driving license and said they would be investigating my travel history and I would hear from them in due course.

They have obviously identified the fact that I was attempting to travel somewhere with the incorrect ticket (MYB to Beaconsfield). In investigating my travel they will probably also realise I brought a ticket for a shorter journey than the one I was travelling. I've done this on one other occasion but I've also used my contactless card to go through the barriers at MYB on multiple occasions (c.20 return journeys over past 12 months) and thus paid a reduced fare. This obviously creates an Unknown destination on my journey, which in some instances I have corrected on TFL.

The advice I am looking for is:
- should I just wait for the inevitable letter from Chiltern Railways before taking any action?
- should I speak to a lawyer for some initial advice (I've been quoted £300+VAT)
- Is there any benefit in being proactive and writing to Chiltern Railways with all the detail of my travel offences, apologise and offer to pay for the correct fares plus costs?
- Presumably Chiltern Railways will be able to see my contactless card use?

My key priority is to resolve the issue without prosecution. The next most important factor is to have the issue resolved in as shorter timeframe as possible.

Thank you in advance.

 

[Titfield]

In brief:
(1) Yes you must wait for the letter to arrive.
(2) No because most cases can be resolved without a lawyer.
(3) None as it may make things worse and in any case your reply may not be matched to your case.
(4) Yes. Do you book any tickets online or all they all contactless?

You will have to be patient as Chiltern work through the case load to get to your case.

Most cases like this can be resolved without going to court. It takes a little work and a lot of patience.

Anxiety is part of the price you pay.

EDIT

When you receive the letter please upload with all identifying details redacted.

In the meantime you may wish to research @Hadders advice on this forum. He gives the "standard" advice recommended for the first reply back to the initial letter.

It goes without saying (but I will say it) do not fare evade going forward as to continue to do so would not be in your interests.

 

[John R]

I'm quite surprised that your contactless card hasn't been blocked due to multiple incomplete transactions.

 

[Hadders]

Welcome to the forum!

Travelling without a ticket that covers your full journey is a criminal offence and Chiltern are entitled to prosecute you in the Magistrates Court if they want to. The good news is they are normally reasonable to deal with and will normally offer an out of court settlement in cases like this as long as you co-operate with them, and haven't come to their attention before.

What happens next is they will write to you saying they have received a report and are considering prosecuting you. I suggest a short, concise reply that mentions:

- That you are sorry for what has happened
- What you have learned from the incident
- That you are keen to settle the matter without the need for court action
- Offer to pay the outstanding fare and the train company's administrative costs in dealing with the matter

If you are offered an out of court settlement expect to have to pay the outstanding fares at the full Anytime rate, with no credit goven for the invalid tickets you purchased in addition to an admin fee, typically £150. Chiltern will search your online ticket purchasing history to see if you have done this before and if this indicates you have done this before they will factor in the cost of these journeys into the settlement fee.

Paying a settlement might feel like paying a fine but technically it isn't. Only a court can impose a fine as a punishment upon conviction so you don't want to pay a fine, you want to pay a settlement!

When the letter from Chiltern arrives post a redacted copy of it in this thread, along with your draft reply, and forum members will proof read it for you.

To answer your specific questions:

- should I just wait for the inevitable letter from Chiltern Railways before taking any action?

Yes.

- should I speak to a lawyer for some initial advice (I've been quoted £300+VAT)

No. Your case is straightforward and you shoudl be able to resolve it without using a lawyer. If your reply to Chiltern doesn't result in a favourable outcome then that is the point when I would consider engaging a solicitor. Note that solicitors specialising in rail fare evasion are few and far between and much more expensive - don't expect change from £1,000.

We've had a thread just today where someone ignored our advice on how to word a letter and instead used wording suggested by a friend who is also a solicitor. The wording used was totally inappropriate and the solicitor has absolutely no grasp of rail fare evasion and the law. They are now being prosecuted and will have to work very hard to keep the case out of court!

- Is there any benefit in being proactive and writing to Chiltern Railways with all the detail of my travel offences, apologise and offer to pay for the correct fares plus costs?

No. Wait for them to contact you. This is because until they their letter arrives you don't know what they're going to ask you and you are not required to incriinate yourself.

- Presumably Chiltern Railways will be able to see my contactless card use?

Yes, you should assume they can see everything but wait and see what their letter says before saying more than you need to.

My key priority is to resolve the issue without prosecution. The next most important factor is to have the issue resolved in as shorter timeframe as possible.

That's understandable but these things do take time to resolve. Chiltern's Prosecutions department is a very small team who deal with thousands of cases at a time. They also have to wait for data from the likes of Trainline to be sent to them which takes time.

 

[123moo5678]

Thank you kindly for all your responses, really appreciate the time taken to respond. I will post any communication with Chiltern once received.

 

[angela1402]

Thank you kindly for all your responses, really appreciate the time taken to respond. I will post any communication with Chiltern once received.

Hi is there any update on this as I’m in a similar situation

 

[Hadders]

Hi is there any update on this as I’m in a similar situation

This thread has been inacrive since April but if you require assistance please start your own thread and forum members will be happy to assist.