Hello everyone,
Sorry for not replying yesterday — I was still trying to process everything that had happened. I just wanted to say thank you so much to everyone who has taken the time to reply and give advice so far. It has genuinely been really helpful.
Before posting on here, I had already emailed ITAL to ask for a breakdown of the journeys and calculations, explaining that I did purchase the correct Railcard afterwards and that all journeys from that date onwards were valid. They have now replied with a detailed breakdown and a revised amount, which is lower than the original figure.
It appears that they have removed the journeys taken after I bought my valid Railcard, which I’m relieved about and grateful for. I’ve attached screenshots of their response and the breakdown below. Overall, the breakdown does look mostly correct.
There is one journey that stands out — £60.90 for Birmingham to Sheffield — which I don’t believe I travelled as a standalone journey (all my trips involved changes), so I may query that specific entry. Other than that, the calculations seem accurate.
That said, even the revised total is still a very large amount of money for me, and I would like to see if there is any scope to negotiate the settlement further, if that is advisable. I’ve seen some comments suggesting that it may be possible to argue for paying the difference in fare, rather than the full amount including the £400 administration fee, but I’m not sure how realistic or sensible that is in practice.
My main concern is that I do not want to push things too far or appear uncooperative, as I am extremely anxious about the possibility of prosecution. I cannot have a criminal record due to the career path I intend to follow, so avoiding court proceedings is my absolute priority. I would be really grateful for any advice.
Thanks for your reply - you have my ongoing sympathy with the situation - and thanks for the content of your message which answers a number of the questions you have been asked.
a few thoughts / observations:
a) avoiding prosecution - I see you have career related reasons for this so fair enough, I think the info given on what being prosecuted would result in is clear enough for you to weigh up but ask any question about it you wish.
Ultimately the only last 'throw of the dice' bargaining chip you have / had is to say
'sorry, there is no way I can pay this sum so I will respectfully have to turn down your settlement offer and accept that my only option is to make my case to the magistrates in court in the hope they will accept some mitigation, unless you can reconsider the total sum demanded at this stage' - BUT if you need to avoid prosecution this is very high risk idea, as you are 'over a barrel' if you can't entertain the option of them saying in reply 'ok, sorry but we will see you in court then'.
b) paying the difference in fare - I'm sorry to say this but i suspect ITAL are one of the least likely organisations to agree to this - I'm not sure it's even worth asking (this is something that can be potentially argued in a civil case ref the debts on unpaid fares so other cases you have seen on here may involve that scenario - but you are not in that scenario at the moment - you are under threat of criminal court case - and even in the civil cases we have seen I don't think the train companies involved (usually GWR) have agreed to this
- but see what other forum members think about that over the next 24 hours or so - I fear they would consider it establishing a precedent that they really won't want to do.
c)
Instead of offering to pay the difference I wonder if it is worth asking them if you can pay the adult 'Off Peak' fare for any journeys that were actually taken at an off peak time (instead of the Anytime fare that I think they are using - Off Peak would be notably cheaper than Anytime) - the Off Peak Adult non railcard fare would be the fare that you could have bought at the ticket office minutes before the train departed and be a valid ticket - so long as it was at an off peak time to travel.
It's just a thought but it might just be worth asking them to consider this....you would have to impress upon them your difficult financial circumstances and lack of family financial support I suspect
I think this might be worth a try but what do others think?
d) paying by instalments - sadly they are rejecting this in their reply - not untypical of ITAL unfortunately - so that pretty much rules this out
e) a fare you don't think should be listed on their breakdown - by all means query it as Haywain suggests
f) I don't
think they will suddenly withdraw the offer without notice whilst you are engaging with them. If they did I
suspect they would still accept a payment of the sum they last offered if paid in full asap.
g) I see they are prepared to extend the payment deadline - maybe that helps you raise funds from family perhaps - eg as a loan - no need to comment or answer that here of course as it's your private family concern.
So if you want to write back to ITAL on any of this have a think about your draft reply and we can help you try and get the wording as good as it can be before you send it to them.
Hope the above is of some help.