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ADVICE ON AVOIDING PROSECUTION BY WMTRAIN FOR TRAVEL FRAUD

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Noa

New Member
Joined
21 Aug 2025
Messages
4
Location
Birmingham
Hello everyone,

Earlier this week, I received an email regarding my failure to produce a railcard during one of my journeys. A few days later, I received a second email (which I’ll share below for reference).

Could you please advise me on the best way to respond?


First mail

We have recently been handed a file relating to an incident on xx July 2025 when approached by staff carrying out their revenue duties, you were asked to show your valid ticket you offered a ticket with a railcard attached and were unable to present your railcard, therefore you would not have been eligible for the discounted rate.


It has been reported to the Digital Fraud Department for further investigation.


Further investigations into this matter have been carried out, including a full review of the ticket records. It would appear, at this stage, that this may be a case of fraud.

West Midlands Trains take travel fraud extremely seriously and is committed to prosecuting all cases of fare evasion to the full extent of the law. Travelling on the railway with the intent to avoid paying the full fare is an offence under the Regulation of Railways Act 1889. Such an offence carries a maximum fine of £1,000 and/or three months’ imprisonment and, in either case, a criminal record. It must also be considered whether this matter amounts to a much more serious offence under the Fraud Act 2006.


At this stage we would be grateful if you would provide any evidence to support the claim that none of the above legislation has been contravened to prevent further action being contemplated.

Please respond within 7 days from the date of this email to avoid further escalation.

Kind regards,




I acknowledged this first email and accepted full responsibility

I attached proof of purchase for my current railcard to demonstrate my genuine intent to comply with the regulations. In my reply, I also respectfully asked for the matter to be reconsidered without further legal action, as there was no fraudulent intent on my part.

I reassured them that I am willing to fully cooperate, pay any outstanding fares, and cover any additional administrative costs incurred during their investigation. I also expressed that I would be extremely grateful if the matter could be settled outside of court.

Then I got the second mail today




Second email (received today)

Thank you for your response and current railcard.

However, whilst investigating your case and before we investigate further, we can see attached to your tickets you have applied a 26-30 Railcard on 22 occasions, we will need to see proof and proof of purchase between the date range of October 2024 and August 2025 so we can adjust amounts accordingly, or if necessary.


When we ask for proof of railcard this is because it could affect your case and is done before we send you any amounts, we deem you may owe.


Improper use of this facility is also classed as fraudulent activity. If you cannot provide this within the next 7 days, then the final amount will be calculated at the full cost.




Unfortunately I’m unable to provide proof of purchase covering the entire period they are asking for.

Does anyone have advice on how I should respond to this second email?
 
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John R

Established Member
Joined
1 Jul 2013
Messages
6,132
Is that because you didn’t have a railcard, or you can’t find proof of purchase?
 

AlterEgo

Verified Rep - Wingin' It! Paul Lucas
Joined
30 Dec 2008
Messages
29,613
Location
LBK
Are you at least of the correct age to qualify for a 26-30 Railcard?
 

Noa

New Member
Joined
21 Aug 2025
Messages
4
Location
Birmingham
Is that because you didn’t have a railcard, or you can’t find proof of purchase?
I didn’t have one and can’t recollect purchasing a ticket with one

== Doublepost prevention - post automatically merged: ==

Are you at least of the correct age to qualify for a 26-30 Railcard?
Yes I am

== Doublepost prevention - post automatically merged: ==

Hello everyone,

Earlier this week, I received an email regarding my failure to produce a railcard during one of my journeys. A few days later, I received a second email (which I’ll share below for reference).

Could you please advise me on the best way to respond?


First mail

We have recently been handed a file relating to an incident on xx July 2025 when approached by staff carrying out their revenue duties, you were asked to show your valid ticket you offered a ticket with a railcard attached and were unable to present your railcard, therefore you would not have been eligible for the discounted rate.


It has been reported to the Digital Fraud Department for further investigation.


Further investigations into this matter have been carried out, including a full review of the ticket records. It would appear, at this stage, that this may be a case of fraud.

West Midlands Trains take travel fraud extremely seriously and is committed to prosecuting all cases of fare evasion to the full extent of the law. Travelling on the railway with the intent to avoid paying the full fare is an offence under the Regulation of Railways Act 1889. Such an offence carries a maximum fine of £1,000 and/or three months’ imprisonment and, in either case, a criminal record. It must also be considered whether this matter amounts to a much more serious offence under the Fraud Act 2006.


At this stage we would be grateful if you would provide any evidence to support the claim that none of the above legislation has been contravened to prevent further action being contemplated.

Please respond within 7 days from the date of this email to avoid further escalation.

Kind regards,




I acknowledged this first email and accepted full responsibility

I attached proof of purchase for my current railcard to demonstrate my genuine intent to comply with the regulations. In my reply, I also respectfully asked for the matter to be reconsidered without further legal action, as there was no fraudulent intent on my part.

I reassured them that I am willing to fully cooperate, pay any outstanding fares, and cover any additional administrative costs incurred during their investigation. I also expressed that I would be extremely grateful if the matter could be settled outside of court.

Then I got the second mail today




Second email (received today)

Thank you for your response and current railcard.

However, whilst investigating your case and before we investigate further, we can see attached to your tickets you have applied a 26-30 Railcard on 22 occasions, we will need to see proof and proof of purchase between the date range of October 2024 and August 2025 so we can adjust amounts accordingly, or if necessary.



When we ask for proof of railcard this is because it could affect your case and is done before we send you any amounts, we deem you may owe.


Improper use of this facility is also classed as fraudulent activity. If you cannot provide this within the next 7 days, then the final amount will be calculated at the full cost.



Unfortunately I’m unable to provide proof of purchase covering the entire period they are asking for.

Does anyone have advice on how I should respond to this second email?
@Fawkes Cat @skyhigh @Haywain @
 
Last edited:

duffield

Established Member
Joined
31 Jul 2013
Messages
3,302
Location
East Midlands
It sounds like you can't make any useful response at this point given you say you didn't have a railcard, so all you can do is wait and see what sum they are requesting for an out of court settlement (the content of their response in particular "If you cannot provide this within the next 7 days, then the final amount will be calculated at the full cost." makes it clear they will offer such a settlement).

When you know the sum they are requesting you will need to decide whether to pay it in full or go to court. It doesn't look like you have any real scope to ask them to reduce the amount. Anyhow you can come back here for further advice once you get their offer.
 

WesternLancer

Veteran Member
Joined
12 Apr 2019
Messages
15,338
It sounds like you can't make any useful response at this point given you say you didn't have a railcard, so all you can do is wait and see what sum they are requesting for an out of court settlement (the content of their response in particular "If you cannot provide this within the next 7 days, then the final amount will be calculated at the full cost." makes it clear they will offer such a settlement).

When you know the sum they are requesting you will need to decide whether to pay it in full or go to court. It doesn't look like you have any real scope to ask them to reduce the amount. Anyhow you can come back here for further advice once you get their offer.
Is there any point in replying to them now to apologise and say that evidence of railcards is not available. Ie in the spirit of co operation?

Of course the alternative is to just let it play out and respond as necessary when contacted.

I’m assuming the problem here is that the op never had a railcard but claimed a railcard discount? Thus evading fares as the railway would see it. Is that correct?
 

duffield

Established Member
Joined
31 Jul 2013
Messages
3,302
Location
East Midlands
Is there any point in replying to them now to apologise and say that evidence of railcards is not available. Ie in the spirit of co operation?

Of course the alternative is to just let it play out and respond as necessary when contacted.

I’m assuming the problem here is that the op never had a railcard but claimed a railcard discount? Thus evading fares as the railway would see it. Is that correct?
Yes, I suppose that while replying quickly admitting to not having the railcard and apologising again shouldn't make any difference to the outcome or amount (as they've said they will make an offer regardless if no reply is received), it might speed the process up by a week or two.
 

Noa

New Member
Joined
21 Aug 2025
Messages
4
Location
Birmingham
It sounds like you can't make any useful response at this point given you say you didn't have a railcard, so all you can do is wait and see what sum they are requesting for an out of court settlement (the content of their response in particular "If you cannot provide this within the next 7 days, then the final amount will be calculated at the full cost." makes it clear they will offer such a settlement).

When you know the sum they are requesting you will need to decide whether to pay it in full or go to court. It doesn't look like you have any real scope to ask them to reduce the amount. Anyhow you can come back here for further advice once you get their offer.
Ok thank you
 

Hadders

Veteran Member
Associate Staff
Senior Fares Advisor
Joined
27 Apr 2011
Messages
18,153
Is there any point in replying to them now to apologise and say that evidence of railcards is not available. Ie in the spirit of co operation?
I would reply rather explaining that no railcard was held.
 
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