Using someone else’s railcard

[WesternLancer]

If I'm right in my analysis above then the practical approach would be for your sister to write our more or less standard response i.e. accept responsibility, confirm that they understand why they were wrong, confirm that the offence won't happen again, and offer to cover the costs of the investigation. But you need to be aware that if my analysis is wrong then this approach would have the effect of providing evidence to the railway which they could use against your sister if they did take the matter to court.

I wonder if skillful and careful wording of any response could achieve this objective without creating additional risk of providing such evidence

eg things like 'I am sorry for what has happened'

is not quite the same as saying 'I am sorry for what I have done'

tho this may be semantics....if that is the correct word to use

The other question in my mind is how does a settlement for this sort of thing work - the usual settlement 'formula' is to pay a sum that equates to the sum the railway is owed for the tickets that have been evaded at the most punitive but accurate ticket fare the railway can use - but the sister did not evade tickets, so how does a sum for an out of court settlement offer get 'calculated' in this scenario. Surely can't just be the cost of the Railcard (£35) that doing this enabled the brother to avoid paying when he could have bought his own Railcard (plus some 'admin' fee)?

 

[LYradial]

Post #13 shows two different letters one to each of them, would it be useful to see what reply if any the sister sent as this may have made some admissions

 

[Egg Centric]

Has the sister sent any correspondence and/or been sent any before the email she got?

 

[hello1999]

My sister said
To whom it may concern,
I am writing in relation to the recent incident involving the misuse of my 16-25 Railcard on (date) which I understand is currently being investigated.
I would like to begin by expressing my sincere apologies for my part in this situation.
While I did allow my sister, (name ) , to use my railcard, I now understand that this was a serious error in judgment on my part. I was not aware at the time that allowing someone else to use a personal railcard constituted a criminal offence and I am deeply sorry for any breach of the rules and the trust placed in railcard holders.
Furthermore, I want to state that I had no knowledge that the railcard had been altered.
The decision to alter it was made entirely without my involvement or consent. I was shocked to learn that it had been altered and I fully understand the severity of such an action.
I regret my actions and the consequences they have had, both for myself and for others including the railway staff who have had to deal with this investigation. I take this very seriously and you have my full cooperation. I understand the importance of upholding the integrity of the railcard system and can only reiterate how truly sorry I am for the part I played in this.
If there is any further information or clarification needed from me, I am more than willing to assist.
Thank you for taking the time to consider my statement.
( name)

Neither of us have lied or tried to cover anything up, we aren’t really sure what the best way to respond is.

Thank you all for your response and we are really hoping this will be settled out of court. Do you think there will be a criminal prosecution?

 

[Egg Centric]

Do you think there will be a criminal prosecution?

Well, there almost certainly wouldn't have been if she hadn't sent in that handy confession... since she did, honestly I've no clue. It seems inequitable (to say the least) that the perpetrator should get off (almost) scott free while the facilitator is prosecuted so I should hope that a sufficiently grovelling second email assisted by the more verbally adept members of this forum than me would lead to a settlement but if a minor criminal conviction is an absolute no-go my personal opinion is most of us at least don't collectively enough experience in this circumstance to do anything other than recommend consulting a solicitor. But take input from more than me on that.

My main fear is that (a) TOCs are culturally speaking process-driven bureaucracies that discourage independent thinking and (b) because your sister is in a *relatively* rare position there may not be a defined process like there is for most evaders and the result is semi-random (or worse that she's been miscategorised as a "proper" fraudster - it being the nearest process - and they're following that one).

Dont let this discourage her - I think she'll be ok in the end - I'm just saying I can't help and I imagine most other posters can't either.

 

[hello1999]

We

Well, there almost certainly wouldn't have been if she hadn't sent in that handy confession... since she did, honestly I've no clue. It seems inequitable (to say the least) that the perpetrator should get off (almost) scott free while the facilitator is prosecuted so I should hope that a sufficiently grovelling second email assisted by the more verbally adept members of this forum than me would lead to a settlement but if a minor criminal conviction is an absolute no-go my personal opinion is most of us at least don't collectively enough experience in this circumstance to do anything other than recommend consulting a solicitor. But take input from more than me on that.

My main fear is that (a) TOCs are culturally speaking process-driven bureaucracies that discourage independent thinking and (b) because your sister is in a *relatively* rare position there may not be a defined process like there is for most evaders and the result is semi-random (or worse that she's been miscategorised as a "proper" fraudster - it being the nearest process - and they're following that one).

Dont let this discourage her - I think she'll be ok in the end - I'm just saying I can't help and I imagine most other posters can't either.

We thought it would be best to be honest and not lie at this point as it all feels very serious. I just don’t understand how they could let me off with only a £74 fine when it was me who did the criminal act, not her. Thank you for your response, going to hope they don’t prosecute and yes will talk to a solicitor

 

[MarlowDonkey]

I just don’t understand how they could let me off with only a £74 fine when it was me who did the criminal act, not her.

Isn't the point that knowingly lending out a Railcard is a criminal act? In most cases seen the holder of the Railcard or concession card is unaware or claims to be unaware of its use.

Using it has been treated in the same way as if you were travelling with no railcard or an expired one.

 

[LYradial]

Isn't the point that knowingly lending out a Railcard is a criminal act? In most cases seen the holder of the Railcard or concession card is unaware or claims to be unaware of its use.

Using it has been treated in the same way as if you were travelling with no railcard or an expired one.

I think only if there is intent to defraud, otherwise it is a breach of of the terms of the railcard which can lead to it being confiscate.

what worries me is that transpennine may be following this thread, also what is their real intent behind this threat of prosecution.

if it were me I would say no more to them

 

[WesternLancer]

We

We thought it would be best to be honest and not lie at this point as it all feels very serious. I just don’t understand how they could let me off with only a £74 fine when it was me who did the criminal act, not her. Thank you for your response, going to hope they don’t prosecute and yes will talk to a solicitor

If you need the names of the firms that get regularly mentioned on here to obtain quotes please ask. There are about three firms with a track record on here of rail fare evasion legal work. I have no connection with any of them I just add.

Assuming you have funds to engage one if it comes to that without creating serious hardship.

== Doublepost prevention - post automatically merged: 13 Sep 2025 ==

I’d be interested in longstanding forum member @Hadders views on this case if they have time to comment and also @tspaul26. Both of whom I think have depth of knowledge in general.

But helpful to see other knowledgeable forum members commenting of course.

 

[Hadders]

The email to your sister says that they are considering prosecution, not that they definitely will prosecute.

I would get your sister to write another email making the same points that you made before. It might be worth saying that the case against the person who altered and mis-used the railcard has been dealt with by means of a settlement. It might be helpful to clearly state the case reference number of your case in the reply so they can link the case.

Post a draft reply in this thread so forum members can proof read it.

If this doesn't result in a favourable outcome then it might be best to involve a solicitor.

 

[Cantab26]

I’d be interested in longstanding forum member @Hadders views on this case if they have time to comment and also @tspaul26. Both of whom I think have depth of knowledge in general.

I’m not entirely sure what input you might be expecting here?

Based on the limited information in this thread it would appear that there may be sufficient evidence that the sister has committed a number of potential offences, although they are far more technical in nature than a ‘normal’ Byelaw or RORA prosecution (and some would require consent from the Director of Public Prosecutions in order to libel them - on a practical level, those can probably be discounted).

 

[WesternLancer]

I’m not entirely sure what input you might be expecting here?

Based on the limited information in this thread it would appear that there may be sufficient evidence that the sister has committed a number of potential offences, although they are far more technical in nature than a ‘normal’ Byelaw or RORA prosecution (and some would require consent from the Director of Public Prosecutions in order to libel them - on a practical level, those can probably be discounted).

Thanks. That was the sort of view really! How likely TPE might be to take heavy action on this and if what sort, in order perhaps for the op to consider their next steps.

Thanks also to Hadders for making a helpful post too.

 

[Cantab26]

Thanks. That was the sort of view really! How likely TPE might be to take heavy action on this and if what sort, in order perhaps for the op to consider their next steps.

Thanks also to Hadders for making a helpful post too.

I’m not aware of any of the offences I have in mind ever being the subject of any private prosecution (by a TOC or otherwise).

They would almost certainly need to bring in external legal counsel to do it, which would not be commercially justified in my view.