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Notice of Intention to Prosecute Received

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Haywain

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Over travelling can be prosecuted under RoRA but this offence requires intent which OP claims they did not have.
The OP can claim what they like but intent is judged by actions (and words, not applicable to this case), and the buying of two tickets not covering the whole journey is a clear demonstration of intent.
 
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Seek Freedom

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GTR have been saying this for quite some time before the changes. They say plenty of things in their letters that aren’t true.
A bit insane they can use lies as scare tactics. I would rather not have my account history investigated as I have used the 16-25 railcard in the past without owning one, just not in this instance.

So maybe admitting to donutting this trip would be best just so I can have this buried and gone forever?
 

Haywain

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I would rather not have my account history investigated as I have used the 16-25 railcard in the past without owning one, just not in this instance.
Bad luck.
So maybe admitting to donutting this trip would be best just so I can have this buried and gone forever?
Too late for that. You've been reported and it is highly likely that your purchase history will be looked at. And whilst others are saying that you haven't committed the offence mentioned in the letter, I would point out that the letter doesn't constitute a court summons and formal charge. Should it proceed to that if you were to insist you had not committed the offence you are likely to have to do so before the magistrates with the associated stress and time. Alternatively, the charge could be amended to reflect an offence you would not have a defence for. It may be better to apologise for the behaviour and request a settlement which, from GTR, is likely to be a relatively low amount - although that will depend on what else they find in your account and choose to follow up.
 

blimmo

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The OP can claim what they like but intent is judged by actions (and words, not applicable to this case), and the buying of two tickets not covering the whole journey is a clear demonstration of intent.
I agree and in this case OP should probably assume they will be convicted and aim for an out of court settlement. It is an important legal distinction though and there have been cases on here where it was relevant.
 

Seek Freedom

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I’ve drafted a response using inspiration from this forum, please let me know what you think:

Dear Fare Evasion Manager,



I value the opportunity you have given me to respond to the letter dated ********* with reference ************.



On Monday 13th October 2025, I was stopped by a Revenue Inspection Officer between Three Bridges and Balcombe and was unable to produce a valid ticket for the entire duration of my journey.



I offer no excuse for the above. I started my journey at Gatwick Airport using a single I purchased online through Trainline. I made a short-sighted decision when not purchasing a ticket for the entire journey that morning as the single was valid only until Three Bridges. Just after departing Three Bridges, I realised my mistake and purchased a ticket from Balcombe, the stop after, to Brighton (my final destination). In hindsight, I should have just bought a ticket from Gatwick Airport to Brighton since the cost would have been the same.



I have taken time to reflect on this decision following the investigation and I won’t undertake any action like this again. I use the railway to commute back home from university and I feel ashamed to have misused such an integral service.



I apologise profusely for my actions and for the time it has taken you to investigate and contact me. This incident shocked me and made me realise the severity of the mistake I made. I will ensure I always purchase the full correct ticket for any future journeys I take using the rail network.



I would be grateful for the opportunity to pay the full and correct fare for this journey and any administrative costs that I have created so that I may settle this matter without the need for court action.



Yours faithfully,
 

jamiearmley

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unless the RPI is prepared to testify they saw them on the train prior to Balcombe (unlikely as they would have no particular reason to be looking for them??
Indeed. However, if Balcombe is a quiet station... And the officer was already working through the carriage... And noted no person entering or leaving that carriage at Balcombe... Then it's an easy statement to make to the court with confidence.
 

Fawkes Cat

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I’ve drafted a response using inspiration from this forum, please let me know what you think:

Dear Fare Evasion Manager,



I value the opportunity you have given me to respond to the letter dated ********* with reference ************.



On Monday 13th October 2025, I was stopped by a Revenue Inspection Officer between Three Bridges and Balcombe and was unable to produce a valid ticket for the entire duration of my journey.



I offer no excuse for the above. I started my journey at Gatwick Airport using a single I purchased online through Trainline. I made a short-sighted decision when not purchasing a ticket for the entire journey that morning as the single was valid only until Three Bridges. Just after departing Three Bridges, I realised my mistake and purchased a ticket from Balcombe, the stop after, to Brighton (my final destination). In hindsight, I should have just bought a ticket from Gatwick Airport to Brighton since the cost would have been the same.



I have taken time to reflect on this decision following the investigation and I won’t undertake any action like this again. I use the railway to commute back home from university and I feel ashamed to have misused such an integral service.



I apologise profusely for my actions and for the time it has taken you to investigate and contact me. This incident shocked me and made me realise the severity of the mistake I made. I will ensure I always purchase the full correct ticket for any future journeys I take using the rail network.



I would be grateful for the opportunity to pay the full and correct fare for this journey and any administrative costs that I have created so that I may settle this matter without the need for court action.



Yours faithfully,
This, I think, is fine. The language doesn't need to be quite as elaborate as you have used (although some people do speak and write like that, so I know that this could be your natural tone) but I don't think that you need to worry about that.
 

mmh

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The OP can claim what they like but intent is judged by actions (and words, not applicable to this case), and the buying of two tickets not covering the whole journey is a clear demonstration of intent.
Intent of what, in this case?
 

mmh

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I offer no excuse for the above. I started my journey at Gatwick Airport using a single I purchased online through Trainline. I made a short-sighted decision when not purchasing a ticket for the entire journey that morning as the single was valid only until Three Bridges. Just after departing Three Bridges, I realised my mistake and purchased a ticket from Balcombe, the stop after, to Brighton (my final destination). In hindsight, I should have just bought a ticket from Gatwick Airport to Brighton since the cost would have been the same.
This isn't how I saw your situation when I first read your initial posts. I assumed you had a ticket to Three Bridges, then decided you wanted to travel to Brighton instead. That wouldn't have been a "mistake" or "short-sighted decision". It's something I've done numerous times myself (albeit not with an unticketed gap in the middle), and it's not been an action with any intent to avoid paying the correct fare - rather, just like you, I paid more than a single through ticket would have cost.
 

blimmo

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I think OP may have been presenting the situation like that but actually did intend to avoid paying. I don't think maintaining this story is advisable unless it is *absolutely* true.

OP: if it isn't true, ignore me and @mmh and continue with your apology and request for settlement (I agree with @Fawkes Cat that what you have is pretty much fine)
 

z444z

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Intent of what, in this case?
To quote the actual legislation, RoRA 5(3):
(a) Travels or attempts to travel on a railway without having previously paid his fare, and with intent to avoid payment thereof; or
(b) Having paid his fare for a certain distance, knowingly and wilfully proceeds by train beyond that distance without previously paying the additional fare for the additional distance, and with intent to avoid payment thereof
or the rarely used RCCA 103:
If any Person knowingly and wilfully refuse or neglect, on arriving at the Point to which he has paid his Fare, to quit such Carriage, every such Person shall for every such Offence forfeit a Sum not exceeding level 1 on the standard scale.
 

mmh

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To avoid paying the correct fare.
He's paid more than the correct fare.

== Doublepost prevention - post automatically merged: ==

To quote the actual legislation, RoRA 5(3):

or the rarely used RCCA 103:
I think you could quite easily, and arguably reasonable, argue that it RoRA doesn't apply here as he has previously paid his fare, hasn't avoided paying it, and has paid for the additional distance. He paid more than he needed to.
 

z444z

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I think you could quite easily, and arguably reasonable, argue that it RoRA doesn't apply here as he has previously paid his fare, hasn't avoided paying it, and has paid for the additional distance. He paid more than he needed to.
But you may need to do so in court. GTR will settle and it may be for as little as £75.
 

Fawkes Cat

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He's paid more than the correct fare.

To quote the actual legislation, RoRA 5(3):
(b) Having paid his fare for a certain distance,
I haven't attempted to look for case law, but I strongly suspect that the courts would interpret 'a certain distance' as 'Station A to station B' rather than '5 miles in any direction from station A'. And I suspect that they would go on to interpret 'fare' even when unqualified by 'certain difference' in the same way.


So even though the cash fare for Gatwick to Brighton (let's call that A) is the same amount of money as <Gatwick to Three Bridges> plus<Balcombe to Brighton> (totalling B) that doesn't mean that B is the same fare as A.

I am not a lawyer, but my impression is that when courts come to interpret statutory language, then while they won't go for an irrational interpretation ('black really means white') they will go for one which is sensible in the context ('black includes many shades of grey')
 

AlterEgo

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Train companies appear to have lost the appetite to prosecute under RoRA since the SJP scandal.
 

z444z

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Train companies appear to have lost the appetite to prosecute under RoRA since the SJP scandal.
This is a good point. I think the question to ask GTR would be what specific offence, citing legislation, they are alleging.

However it is up to the OP whether any risk of a conviction is worth it when the settlement could be as low as £75. I think for most people it probably wouldn’t be.
 

furlong

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He's paid more than the correct fare.

The actual amount of money doesn't come into it. The monies that had been paid were already allocated as "fares" for specific journey segments. For one journey segment between two of the stations no fare was paid. And to answer earlier points, in my previous post I suggested multiple ways to prove the "intent", any one of which should be sufficient on its own. There was no suggestion (let alone supporting evidence) that plans had changed en route, and even if they had, there'd be no entitlement to an over-distance excess (so the amount paid is incapable as being deemed to be in lieu of that) - if plans change, a new fare must be purchased to join up with the previous ticket.

Where the amount of money paid may come into play I think is in applying the public interest test: When the train company hasn't lost money from a crime, how is prosecution still justified? Here that might be if there's an element in play of paying only because an inspector was seen though we don't know if that's evidenced. There's an ongoing public debate as to whether or not they should be applying this test - they often seem not to - but the test might well still be passable anyway.
 

Seek Freedom

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Hey everyone,

Yesterday I received an out of court settlement for £68.70. Honestly, I am so relieved and feel this was the best case scenario.

I also wanted to say a massive thank you to everyone who gave their input into my situation. I felt so supported and every ounce of advice was appreciated.

Lesson learnt - no more slip ups on the railway service.

Thanks again to all of you
 

z444z

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Glad to hear it’s resolved for a fairly small sum! Thanks for the update, all the best :)
 

Fawkes Cat

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Hey everyone,

Yesterday I received an out of court settlement for £68.70. Honestly, I am so relieved and feel this was the best case scenario.

I also wanted to say a massive thank you to everyone who gave their input into my situation. I felt so supported and every ounce of advice was appreciated.

Lesson learnt - no more slip ups on the railway service.

Thanks again to all of you
Thanks for letting us know. That's quite a good settlement. So get it paid and that should be the end of the matter - although it's always a good idea to keep a screenshot of your payment having been accepted just in case something goes wrong in the background and the railway wants you to pay it again.
 
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