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£2783.00 fine from cross-county - advice needed

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AlterEgo

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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.
Yes, this is the next step. Get the breakdown, and check the dates. If they are assuming 16-17 tickets were also invalid, that is when to check the expiry date and supply proof of the same. Not much can be done until then.
 
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allyy1k

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An attachment containing a breakdown of journeys has been removed as it contained the OPs personal details.
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.
 

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jfollows

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The problem with the “difference in fare” argument is that the counter-argument will be “what’s the disincentive?”.
In other words, if you don’t pay the proper fare but only have to pay the difference in due course, why would you ever bother paying the full fare?
That would doubtless be their argument, and I can see some logic in it.
You might say it was a mistake, it was unintentional, but how do they know or believe this?
I’m not saying you did this intentionally here, but how would you prove otherwise?
 

Jim the Jim

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This won't help OP, but I think there's something rather unfair about this kind of scenario - which appears to have come about in part because a passenger managed to make upwards of a dozen intercity journeys in a row where nobody bothered to check the railcard properly.

In this sort of circumstance the financial consequences of a simple error are vastly inflated. An unscrupulous TOC could even decide to deliberately overlook the error the first few times so that they can hit the passenger more harshly later on.
 

Haywain

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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.
It's perfectly reasonable to query that.
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.
I really don't think that they will accept that.
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.
As long as you keep engaging with them, prosecution shouldn't be a concern unless they feel you are just messing them around.

== Doublepost prevention - post automatically merged: ==

This won't help OP, but I think there's something rather unfair about this kind of scenario - which appears to have come about in part because a passenger managed to make upwards of a dozen intercity journeys in a row where nobody bothered to check the railcard properly.
It doesn't help the OP but one of those who failed to check the railcard properly was the OP themself. It can't be all blamed on the railway. If it was there would be no incentive for anybody to ever check before buying a ticket.
 

Fawkes Cat

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I cannot have a criminal record due to the career path I intend to follow,
You may very well be right on this - there are some professions which see any conviction as a total block on employment. But you may be surprised how few of these that there are. For example, our experience shows that it needn't be an issue for teachers or nurses.

If you haven't done so already, have a look at the website from the regulator from your profession, and see what it has to say. If you can, it would be good to chat informally with someone who works in your chosen field to find out what really goes on.

Obviously it would be better not to have a criminal record than to have one - but it may not be the showstopper that you think it is!
 

WesternLancer

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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.
 
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SuspectUsual

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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

Can you work out where you were on that date? Receipts? Bank statements? Google? Photos? Calendar?
 

z444z

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We have seen ITAL play very hard ball in the past, but given that they’ve offered a settlement straight away in this case, I think the worst that would happen if you asked to pay difference in fares, a payment plan, or queried any fares, would be that they say no.
 

SuspectUsual

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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 suing) - 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
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?

I think the OP can certainly ask (provided its phrased suitably) but I think the chances of ITAL agreeing it are very close to 0%, and I would bet on them coming back with a "sorry, Cross Country's policy is anytime singles" (ie hiding behind their client), "NCoT says anytime single" (ie hiding behind the regulations), or both. I don't think there would be any negative consequences of a polite request, and even if they said no it might mean the deadline to pay gets pushed out a bit as well, which the OP may find useful
 

WesternLancer

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I think the OP can certainly ask (provided its phrased suitably) but I think the chances of ITAL agreeing it are very close to 0%, and I would bet on them coming back with a "sorry, Cross Country's policy is anytime singles" (ie hiding behind their client), "NCoT says anytime single" (ie hiding behind the regulations), or both. I don't think there would be any negative consequences of a polite request, and even if they said no it might mean the deadline to pay gets pushed out a bit as well, which the OP may find useful
Thanks for your thoughts. It was the only option I could think of that might actively bring about a further reduction in the sum. But it would almost certainly require a good element of goodwill on ITALs part if they did...
But I agree it might be worth asking
 
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Haywain

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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'.
Let's be clear, if this goes to court the OP will be convicted unless they can provide a compelling defence against the charge. This is not the same as mitigation, which is broadly explaining why the offence was committed. Mitigation could lead to a lesser sentence than normal but there will still be a conviction.
 

WesternLancer

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Let's be clear, if this goes to court the OP will be convicted unless they can provide a compelling defence against the charge. This is not the same as mitigation, which is broadly explaining why the offence was committed. Mitigation could lead to a lesser sentence than normal but there will still be a conviction.
Thanks - helpful info for the OP to see - for context it would be that saying that to the train company might be an option, but yes, it would not prevent a conviction if it did actually go to court - given the 'strict liability' nature of the offence

For the OPs' benefit AIUI 'strict liability' means that the offence is committed by the action of stepping on the train without a valid ticket and the train compony can prove that on the occasion when they found you on the train without a valid ticket.
 
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