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£290 for accidentally using expired railcard for one £30 journey??!

layman234

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Hi, I received this letter in the post 4/5 months after the journey in question. I think it was to do with my railcard being expired, but even so the ticket inspector said I should be okay if I bought a railcard immediately after, which I did. Does anyone have any advice as to what I should reply, should I even mention the railcard incident I assume the letter is about? £290 seems a disproportionate amount of money and i'm not sure whether i'll be able to pay it, is this a standard amount to have to pay? And does anyone reckon I would be able to drag the process along past the 6 month deadline? Any advice would be greatly appreciated!
 
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Urban Gateline

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What was the journey in question? I can understand you might not want to divulge but it helps give an idea of the price, £30 was it an Advance ticket? If so and you failed to produce a railcard then XC are within their rights to charge an undiscounted Anytime single for the journey which could well amount to that £115.20. If you are in the wrong here I would advise paying what is asked, it's a very reasonable settlement amount to avoid going to court!
 

WesternLancer

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View attachment 213054

Hi, I received this letter in the post 4/5 months after the journey in question. I think it was to do with my railcard being expired, but even so the ticket inspector said I should be okay if I bought a railcard immediately after, which I did. Does anyone have any advice as to what I should reply, should I even mention the railcard incident I assume the letter is about? £290 seems a disproportionate amount of money and i'm not sure whether i'll be able to pay it, is this a standard amount to have to pay? And does anyone reckon I would be able to drag the process along past the 6 month deadline? Any advice would be greatly appreciated!
Welcome.
Yes you are going to need to tell us the journey if you want a check on whether there is any basis to push back on the sum demanded.
 

Fawkes Cat

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It's also worth noting the final paragraph of the letter. Ignore the bit about the risk of being prosecuted for fraud: while theoretically that can happen, in practice it doesn't. But prosecution under the railway bylaws or the Regulation of Railways Act do happen: if you were convicted then as well as paying the ticket and costs to the railway as compensation, you would also have to pay a fine plus court costs.

It might be the offer the railway have made this time will be the best result available.
 

WesternLancer

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I notice ITAL charging top whack ‘admin fee’ for presumably pretty minimal admin if they are now sending these instant demands out without going through the process of two or three threatening letters before they would offer a settlement as we used to more typically see with them.

Take passengers name and address and journey details then send an out of court settlement like this seems to me to have streamlined the ‘admin’ considerably…
 

SuspectUsual

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I notice ITAL charging top whack ‘admin fee’ for presumably pretty minimal admin if they are now sending these instant demands out without going through the process of two or three threatening letters before they would offer a settlement as we used to more typically see with them.

Take passengers name and address and journey details then send an out of court settlement like this seems to me to have streamlined the ‘admin’ considerably…

It doesn’t even refer to it as an administration fee - it’s just the cost of a settlement. Most lay readers would interpret that as a fine, I think
 

thejuggler

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As OP states the inspector said "you should be OK if you buy a railcard" that's mitigation. The inspector could have advised the ticket wasn't valid and sold them one which was there and then, or advised them to leave at the next station (I have seen both solutions used).

Whether they wish to appeal on that basis is down to them.
 

WesternLancer

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As OP states the inspector said "you should be OK if you buy a railcard" that's mitigation. The inspector could have advised the ticket wasn't valid and sold them one which was there and then, or advised them to leave at the next station (I have seen both solutions used).

Whether they wish to appeal on that basis is down to them.
Would be interesting to see if staff on board would offer to write that sort of thing down on the paperwork they gave passengers…
Or what would happen if you asked them to do so…

I suspect there might be a degree of reluctance.
 

John R

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As OP states the inspector said "you should be OK if you buy a railcard" that's mitigation. The inspector could have advised the ticket wasn't valid and sold them one which was there and then, or advised them to leave at the next station (I have seen both solutions used).

Whether they wish to appeal on that basis is down to them.
We often hear that similar words are used, to enable them to process the case and move on with little or no argument. Whether it's right or not that they do that, I don't think we have seen a case where it has in any way helped as mitigation. Ultimately, they were found to be without a valid ticket and reported for prosecution - those are the facts.
 

layman234

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What was the journey in question? I can understand you might not want to divulge but it helps give an idea of the price, £30 was it an Advance ticket? If so and you failed to produce a railcard then XC are within their rights to charge an undiscounted Anytime single for the journey which could well amount to that £115.20. If you are in the wrong here I would advise paying what is asked, it's a very reasonable settlement amount to avoid going to court!
It was an open return Birmingham New Street to Manchester Pic
 

Gloster

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Could the inspector have been suggesting that the OP should buy a railcard so that they would be holding a valid ticket for the Return journey, presuming that s/he was stopped on the Outward one? It wouldn’t take much to confuse one comment with the other.

I am not an expert.
 

layman234

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Could the inspector have been suggesting that the OP should buy a railcard so that they would be holding a valid ticket for the Return journey, presuming that s/he was stopped on the Outward one? It wouldn’t take much to confuse one comment with the other.

I am not an expert.
Hi,
It was on the return journey that I was stopped by the inspector.
 

Coleridge

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It was an open return Birmingham New Street to Manchester Pic

It was on the return journey that I was stopped by the inspector.

So it sounds like you paid £33.60 for an Off-peak return with Railcard discount, and are being asked to pay £115.20, which is the price of an Anytime return without railcard discount.

Was the railcard within its period of validity on the outward journey?
 

323235

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It’s an interesting case, as there was a similar situation with TPE recently on the forum that I recall where they dropped the case when presented with a new railcard being purchased, presumably on the new grounds of expiry being an honest mistake based on recent industry developments, but clearly these new practices haven’t filtered through the whole industry yet.
 
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WesternLancer

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It’s an interesting case, as there was a similar situation with TPE recently on the forum that I recall where they dropped the case when presented with a new railcard being purchased, presumably on the new grounds of expiry being an honest mistake based on recent industry developments, but clearly these new practices haven’t filtered through the whole industry yet.
Well. This case involves ITAL as contractor for Avanti and they don’t have a track record of being especially generous in these matters from cases seen here in the past. We e certainly seen people with unintentional railcard expirey on long distance cross country trains getting hit for very steep fares.

As an aside Such passengers would be better getting off at the next stop and buying a new railcard and a new ticket, but if they are told or given the impression on board that it’ll be ok if they buy a new railcard they wouldn’t think to alight anyway.

I seem to think TPE are often a little more reasonable from what I’ve seen on this forum.
 
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Mcr Warrior

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So it sounds like you paid £33.60 for an Off-peak return with Railcard discount, and are being asked to pay £115.20, which is the price of an Anytime return without railcard discount.
Anytime Return = £115.10, although does anything rest on this?
 

Tetchytyke

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Anytime Return = £115.10, although does anything rest on this?
Not really. They can ask for what they want, and ITAL usually do.

Same with the administration fees. The NRCoT says that the fees must not exceed the actual cost of the administration. But as ITAL have the OP over a barrel then this doesn’t really have any effect, you can’t easily challenge their obvious larceny. If anyone thinks the admin in this case cost exactly £175- not a penny more, not a penny less- then I’ve got a bridge they might be interested in?

I always wonder how the low-paid minions at ITAL sleep at night. The owners sleep very well in an expensive bed, obviously, but the people sending these letters to people?
 

Mcr Warrior

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So it sounds like you paid £33.60 for an Off-peak return with Railcard discount, and are being asked to pay £115.20, which is the price of an Anytime return without railcard discount.
It's more likely that the OP has actually been charged for 2 x £57.60 Anytime Singles, which is the £115.20 being asked for.
 

Egg Centric

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I always wonder how the low-paid minions at ITAL sleep at night. The owners sleep very well in an expensive bed, obviously, but the people sending these letters to people?

They probably don't think about it at all tbh. Many of them probably haven't taken a train in their life and I imagine the training is less than sympathetic to the people who find themselves in the position of being investigated.
 

dosxuk

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They probably don't think about it at all tbh. Many of them probably haven't taken a train in their life and I imagine the training is less than sympathetic to the people who find themselves in the position of being investigated.
I imagine those who do use the train think along the lines of "well I pay for my train tickets, and they might be cheaper if everyone else did too" or "I bet this isn't the only occasion this person defrauded the railway, it's just the only time we caught them".
 

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