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£2783.00 fine from cross-county - advice needed

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allyy1k

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Hi everyone,
I’d really appreciate some advice as I’m feeling quite overwhelmed.
I’m a university student and between September and 23 November, I was travelling back and forth between Birmingham and Leeds, mainly using CrossCountry. During this period, I was booking tickets using the wrong railcard.
I want to be completely honest and take full responsibility. I was on a very tight student budget and, wrongly, thought I might get away with it. I fully accept that this was dishonest and I’m not trying to excuse my actions.
On 23 November, I was stopped by a ticket inspector. I immediately admitted what I’d done and cooperated fully. Shortly afterwards, on 4 December, I purchased the correct 16–25 Railcard, and since then I have only booked tickets using the correct railcard. I have been fully compliant ever since.
I’ve now received a letter from ITAL on behalf of CrossCountry asking for £2,783.10. As a student with no savings and no financial support from family, I simply cannot afford anything close to this amount. I’m also extremely anxious about the possibility of prosecution.
I’m planning to send a mitigation letter apologising and explaining my circumstances, but I’d really appreciate advice on:
How likely prosecution is in cases like this
Whether settlement or payment arrangements are ever considered
Anything I should avoid saying in my response
If anyone has experience with ITAL or CrossCountry cases, I’d be very grateful for your guidance.
Thank you.
 

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Nova1

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It's important to understand this is not a fine and what you've been offered already is an out of court settlement. This is really really bad.
 

Swedenorer

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The Anytime Single is £87.10 so they want £174.20 per return. It doesn't take many days for that to rack up. You must understand that on the days you travelled you did not hold a valid ticket for the journey so no allowance has been made for any money you did spend. There is plenty of advice on other similar threads here and its good to ask for a breakdown of the journeys but personally I can't see much you could forward in mitigation.
 

AlterEgo

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When did your 16-17 Railcard expire? Do you have proof of it to show CrossCountry?
 

WirralLine

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Basically they have come to that figure by looking through your booking history and charged you a full price single fare for each journey you had made with the 16-17 saver discount applied. A return journey is charged as 2x singles. They then add an admin fee on top to cover investigation costs.

Have you ever had a 16-17 saver at all?

This is their offer to avoid court - if you pay it, the matter will be concluded. If you don't, they will most likely take it to court and prosecute. Train companies dont tend to offer payment plans however it has been known in some circumstances.
 

CarrotPie

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From what I can see, the £2783 figure has been calculated as follows:
  • All the tickets you've bought that they can track (generally bought online/through apps) using the incorrect railcard, charged at the Anytime Standard rate (the most expensive ticket).
  • An extra 400 quid to make sure that the fraud department turns a profit
Those journeys are not necessarily journeys that were completed with the wrong railcard - rather, they think they are, based on what they know. If you think some of them might have been made with the correct railcard and you can prove it, ask for a list of all the journeys and see if you're right.

Naturally if you pay the huge sum of money they're asking for on time, then they'll take it and shut up, but if you don't, and they don't know why, then things will go downhill.

Edit: I see WirralLine has beat me to basically all of this. I need to type faster...
 

John R

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ITAL is reputed to be particularly difficult to deal with, and unless you can prove that any of the journeys were made with the correct railcard then failure to pay will inevitably lead to prosecution, and you will be found guilty.

Payment plans are very rare, but not unknown in this situation, and there is no harm in asking politely (and quickly), but best to assume that you will have to come up with the money in one go, and see if there is any way you can get hold of it, eg from family, (though I see that option is unlikely).
 

duffield

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Detailed specific expert advice will probably be along soon. But to manage your expectations ITAL will not care about your financial circumstances or the impact on your future. Many people would struggle to find anything like this amount, so they will not consider reducing the amount because of this. They are also very unlikely to offer any sort of instalment payments, and if they did it would be a very small number of large instalments over a short period. You should be actively investigating a loan from absolutely any reputable source.

The only way to reduce the settlement amount will be to convince them, with evidence, that their calculations are wrong based on the detailed breakdown.

If it is totally impossible for you to somehow borrow the money required, you will have to accept being taken to court and getting a (minor) criminal record. In this case it is likely that the court route would be cheaper than the settlement offer since they would only prosecute for the one offence where you were caught, unless you have already admitted others, also the court will take account of your finances and set a payment level you can afford.
 

blimmo

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Might there be some mileage in challenging the "admin fee" here? I think £400 is the highest I've ever seen on this forum and the NRCoT claims that it will only cover the actual costs.

This does risk them simply withdrawing the settlement offer and prosecuting but if OP isn't going to be able to pay it this could be worth the risk.
 

z444z

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It is also possible to question their £400 “costs incurred”, as the latest NRCoT states that:
The Train Company shall be entitled to recover its costs of this follow up (including claim or prosecution costs) from you whenever such costs are incurred. The sum claimed will not exceed the actual costs of such follow up steps taken.
However, especially with ITAL, you risk aggravating them by doing this, and unfortunately the fact that the train company haven’t followed NRCoT isn’t going to nullify your criminal conviction. It’s not a particularly fair situation but it is what it is. And even the £400 is a pretty small portion of what they’re asking for.

The main way to reduce this would be by providing evidence, or a convicting and TRUE explanation (lying could go very badly for you), that some of the tickets were not used by you.
 

allyy1k

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Thank you all for your replies. I can see that the situation isn’t looking good, but I want to try any possible option, even if it’s just a small reduction or a payment plan. I have a few questions:
I’ve read that they could withdraw their offer and I would then have to go to court. I really don’t want that to happen—how can I make sure they won’t withdraw their offer?
Should I send my email anyway, admitting my mistake and asking for a breakdown of costs, including checking whether I was charged correctly for journeys made with a valid rail card, and requesting a payment plan?
Also, I’m not very confident with maths, so any help with calculations would be appreciated. Before buying the rail card, I made 9 single trips and 7 return trips between Leeds and Birmingham.
I genuinely feel remorseful and regret my actions—it was very foolish of me. Seeing the total amount I have to pay, which is more than I’ve ever encountered in my life, has left me completely shaken. I honestly don’t know where to start.
Thank you very much for any further advice you can offer.
 

John R

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So you don’t need to be good at Maths. My phone calculator says 23 journeys at 87.10 is 2,003. Add 400 gets you to 2,403, somewhat lower than what they are asking for, so obviously they are including some journeys which you don’t think you have made. I would double check first, but that reinforces the need to get a breakdown from them of their calculation.
 

WesternLancer

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Thank you all for your replies. I can see that the situation isn’t looking good, but I want to try any possible option, even if it’s just a small reduction or a payment plan. I have a few questions:
I’ve read that they could withdraw their offer and I would then have to go to court. I really don’t want that to happen—how can I make sure they won’t withdraw their offer?
Should I send my email anyway, admitting my mistake and asking for a breakdown of costs, including checking whether I was charged correctly for journeys made with a valid rail card, and requesting a payment plan?
Also, I’m not very confident with maths, so any help with calculations would be appreciated. Before buying the rail card, I made 9 single trips and 7 return trips between Leeds and Birmingham.
I genuinely feel remorseful and regret my actions—it was very foolish of me. Seeing the total amount I have to pay, which is more than I’ve ever encountered in my life, has left me completely shaken. I honestly don’t know where to start.
Thank you very much for any further advice you can offer.
Do not reply to them until you have asked this forum to consider your draft wording before you send it.
 

z444z

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I’ve read that they could withdraw their offer and I would then have to go to court. I really don’t want that to happen—how can I make sure they won’t withdraw their offer?
The only way to do that is to pay it right now. Doing anything else comes with some risk of this happening, but we can help minimise it.
Should I send my email anyway, admitting my mistake and asking for a breakdown of costs, including checking whether I was charged correctly for journeys made with a valid rail card, and requesting a payment plan?
I would say yes - acknowledge the letter, apologise, thank them for offering a settlement, and ask for a breakdown of the journeys.

I’m torn on whether it’ll be best to ask for a payment plan now, or once the amount has been agreed. Let others advise on this. In fact don’t do anything at all until more people have had the chance to give their advice, and even then don’t send anything until we’ve reviewed and approved it.
 

WesternLancer

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Detailed specific expert advice will probably be along soon. But to manage your expectations ITAL will not care about your financial circumstances or the impact on your future. Many people would struggle to find anything like this amount, so they will not consider reducing the amount because of this. They are also very unlikely to offer any sort of instalment payments, and if they did it would be a very small number of large instalments over a short period. You should be actively investigating a loan from absolutely any reputable source.

The only way to reduce the settlement amount will be to convince them, with evidence, that their calculations are wrong based on the detailed breakdown.

If it is totally impossible for you to somehow borrow the money required, you will have to accept being taken to court and getting a (minor) criminal record. In this case it is likely that the court route would be cheaper than the settlement offer since they would only prosecute for the one offence where you were caught, unless you have already admitted others, also the court will take account of your finances and set a payment level you can afford.
Yes. Thus might be a case where it could cost less to be prosecuted in court than to pay the out of court settlement requested. Given the income related formula of a court fine and the ability to pay court fines on instalments over time at an affordable amount. Experts on the forum can explain more if required.

It might help to understand the reasons why the op wishes to avoid court. That may be be if their future career plans or some other reason.

I suppose there is a risk of ITAL then commencing civil action to pursue a debt for unpaid fares they claim are owed but I don’t think we’ve yet seen that after a case went to court. Is this possible?

== Doublepost prevention - post automatically merged: ==

Thank you all for your replies. I can see that the situation isn’t looking good, but I want to try any possible option, even if it’s just a small reduction or a payment plan. I have a few questions:
I’ve read that they could withdraw their offer and I would then have to go to court. I really don’t want that to happen—how can I make sure they won’t withdraw their offer?
Should I send my email anyway, admitting my mistake and asking for a breakdown of costs, including checking whether I was charged correctly for journeys made with a valid rail card, and requesting a payment plan?
Also, I’m not very confident with maths, so any help with calculations would be appreciated. Before buying the rail card, I made 9 single trips and 7 return trips between Leeds and Birmingham.
I genuinely feel remorseful and regret my actions—it was very foolish of me. Seeing the total amount I have to pay, which is more than I’ve ever encountered in my life, has left me completely shaken. I honestly don’t know where to start.
Thank you very much for any further advice you can offer.
Rather than a payment plan to ital is there any realistic option to borrow the sum from trusted family or friend with the option of then paying that person back in instalments?

I appreciate at this stage you may not have yet felt able to discuss what has happened with family.
 
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allyy1k

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Again thank you for the guidance. I will definitely not send them anything yet, thank you for letting me know. In terms of funds. The most I have is £1,500,” that I can get in overdraft and I could possibly ask for £500 from family. I don’t come from a lot so I don’t think I could borrow anything above £500. So altogether I could have £2000 out of the £2734, do you think it’s worth mention that to them?
 

WesternLancer

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  • An extra 400 quid to make sure that the fraud department turns a profit
Or perhaps a sum seeking to ensure the costs of running the fraud department are paid for by the people who do not buy correct tickets and not paid for by the rest of the fare paying passengers.

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== Doublepost prevention - post automatically merged: ==

Again thank you for the guidance. I will definitely not send them anything yet, thank you for letting me know. In terms of funds. The most I have is £1,500,” that I can get in overdraft and I could possibly ask for £500 from family. I don’t come from a lot so I don’t think I could borrow anything above £500. So altogether I could have £2000 out of the £2734, do you think it’s worth mention that to them?
Sadly no, not really worth mentioning it to them IMHO - well you could mention it, but I doubt it will make any difference to them.

ITAL are not a sympathetic operation to deal with (they are cross country trains sub contracted enforcement contractor) - I think they would almost certainly just reply to say they will proceed to prosecution.

As I have suggested above the outcome from being prosecuted may cost you less - but you would receive a criminal record. Do you have clear and strong reasons for avoiding being prosecuted? (many people who come here with similar problems of course do have such reasons eg hoped for career path etc potentially being de-railed)

At this stage I would be asking them for a breakdown of the travel they believe you have undertaken without the correct ticket so you can at least check it (we do see mistakes made on this aspect of things on the forum).

More generally if your finances are very tight (and I accept the sum demanded would be difficult for many people in work, never mind a student) have you asked for support from your college Hardship Fund - not to help you pay a fine created by your own misdeeds, but in general terms.

My instinct at this sage is
a) reply to them in apologetic co-operative terms but asking for a breakdown of the travel concerned and how they have arrived at the sum being requested
then see how they reply
then
b) depending on that reply perhaps then ask if they will consider some sort of payment plan on the basis that you can not pay the sum demanded
then see how they reply

again - post a draft of anything you want to say to them here for checking before you send it.

Be assured this forum will actively help you
- get the least worst outcome you can from this
and
- give you advice so you can weigh up what options you realistically have in an informed manner - and the pros and cons of the different options
 
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Swedenorer

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As 2383.10 divided by 87.10 leaves a remainder there must be some error in this and I too make it 2003.30 so you need to see their calculations. Assuming you were using a 16-17 Saver and have paid some fare I suppose you could try to negotiate the settlement down making a counter offer using the fare paid as a bargaining chip - but probably with little chance of success. Personally I would at this stage reply simply acknowledging receipt of their letter and asking for a detailed breakdown of the charges date by date.
 

blimmo

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I think OP should seriously consider whether the criminal record would actually be that much of a problem for them.

Bylaw offences are very minor so unless you plan to work in a regulated profession or a job requiring security clearance they are unlikely to affect your career prospects.


I’ve read that they could withdraw their offer and I would then have to go to court. I really don’t want that to happen—how can I make sure they won’t withdraw their offer?
You would quite likely not have to go to court (although this isn't certain) since they will likely prosecute with the Single Justice Procedure where everything is done by post on paper forms.
 

Haywain

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You would quite likely not have to go to court (although this isn't certain) since they will likely prosecute with the Single Justice Procedure where everything is done by post on paper forms.
I think most people will still regard the use of the Single Justice Procedure as "going to court".
Anything I should avoid saying in my response
You should avoid saying that what you did was a mistake, as you have clearly indicated to us that you "thought I might get away with it". You should also note that amount that has been asked for is an offer of an out of court settlement, so you don't have to ask for that - what you are asking for now is a breakdown of the amount, and once you see that you can query any errors or differences. I don't think it helps to ask for a breakdown and ask for a settlement or time to pay at the same time, as this confuses the message. First, get an amount you agree with and then discuss how to pay it.
 

WesternLancer

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I think OP should seriously consider whether the criminal record would actually be that much of a problem for them.

Bylaw offences are very minor so unless you plan to work in a regulated profession or a job requiring security clearance they are unlikely to affect your career prospects.
Yes, I think the forum might be able to help the OP weigh this up with the pros and cons.

One risk might be that you would go to court get court fine etc as per the sentencing formula and the criminal record associated with this - and then the train company might pursue what it regards as the fares owed in the civil court afterwards (worst of both worlds) albeit it might be possible to argue to the civil court that the losses to pay were the balance of what was paid and what was evaded - as opposed to the sums for punitively expensive Anytime Fares that are being requested now for the out of court settlement.

The OP would undoubtedly need help from this forum or other expertise in order to push back on any civil claim that may be lodged.

I'm assuming a criminal case for the fare evasion does not preclude a civil action in theory further down the line (tho we don't see many when criminal cases have been pursued) - the ones we have seen from GWR seem to happen when GWR have been slow on action and been unable to pursue the court action in the time permitted (6 months from offence being found / caught)

For OP's info the sentencing if they did prosecute would result in this as below AIUI from reading other threads here with posts from people expert in court action:

The Magistrates Courts will typically deal with an offender convicted under byelaw 18 by way of a "band A fine".

The amount of a "band A fine" is:
  • 50% of one week's wages, with a maximum fine of £1,000, if the offender has a job and has declared their income on the court paperwork;
  • £60, if the offender is a student, or on benefits; or
  • £220, if the offender has not engaged with the court case or provided the necessary information.
The fine would then be adjusted downwards if the offender had pleaded guilty, with a reduction of one-third for a plea at the first opportunity, tapering down to one-tenth for a plea at the start of a trial.

There are also three more amounts to pay:
  • A victim surcharge, which is 40% of the fine
  • Compensation for the unpaid fare (which AIUI is only the fare on the occasion when the offender was caught red handed and being prosecuted for because other occasions ITAL would have to prove to the court that the passenger evaded those fares too and without evidence of that this is more difficult for ITAL / Cross Country to prove)
  • The prosecution costs

== Doublepost prevention - post automatically merged: ==

You should avoid saying that what you did was a mistake, as you have clearly indicated to us that you "thought I might get away with it". You should also note that amount that has been asked for is an offer of an out of court settlement, so you don't have to ask for that - what you are asking for now is a breakdown of the amount, and once you see that you can query any errors or differences. I don't think it helps to ask for a breakdown and ask for a settlement or time to pay at the same time, as this confuses the message. First, get an amount you agree with and then discuss how to pay it.
Very much agree with this advice

'serious error of judgment' always seems a preferable phrase to me than 'mistake' or indeed any written admission of deliberate evasion.

I'm unsure of the jpeg uploads in post #1 have already been sent to ITAL by @allyy1k before they discovered this forum, or if they are a draft that has been prepared and not yet sent. Perhaps OP can clarify?
 
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SuspectUsual

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The other advantage of asking for the details of the journeys included in the settlement offer, and then potentially querying some of them, is that it should buy a bit of time for the OP to try and get the funds together
 

Fawkes Cat

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Have you ever had a 16-17 saver at all?
This needs to be answered.
I'm not sure it does. If I've properly understood what the OP has told us, what the railway are interested in are journeys where the OP claimed to have a valid 16-17 saver but didn't. Even if they had previously had a 16-17 saver, if it was out of date then they'd still be liable to pay a full fare.
 

father_jack

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I'm not sure it does. If I've properly understood what the OP has told us, what the railway are interested in are journeys where the OP claimed to have a valid 16-17 saver but didn't. Even if they had previously had a 16-17 saver, if it was out of date then they'd still be liable to pay a full fare.
OP said-
During this period, I was booking tickets using the wrong railcard.
The story isn't clear.
 

Fawkes Cat

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During this period, I was booking tickets using the wrong railcard.
The story isn't clear.
It seems adequately clear - OP has admitted to us that they did not have the railcard that they were purporting to use. So how will knowing if the OP ever had a 16-17 saver clarify that? <Edit> And what will knowing what they may (or may not) have held outside the time of the disputed journeys help us to give advice? </Edit>
 

John R

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It seems adequately clear - OP has admitted to us that they did not have the railcard that they were purporting to use. So how will knowing if the OP ever had a 16-17 saver clarify that? <Edit> And what will knowing what they may (or may not) have held outside the time of the disputed journeys help us to give advice? </Edit>
It would be helpful to get a definitive answer that the OP did not hold a 16-17 railcard at any time. Because if they did, it is very possible that ITAL is including tickets that were validly bought - they won't know that the OP held a railcard previously, so will assume that all tickets with a 16-17 discount are invalid.
 

Haywain

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it is very possible that ITAL is including tickets that were validly bought - they won't know that the OP held a railcard previously,
Which the OP will be able to see when they receive the requested breakdown of the amount of the settlement. They don't need to tell us anything more in order to achieve that.
 

z444z

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The OP hasn’t been back since post #17 and we’re approaching 30. I don’t think further discussion, especially diving into discussing things that we don’t know are relevant at all, is particularly useful until the OP returns.
 
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