caught without a railcard - what do I do?

[UrbanBazaar]

On October 29th, 2024, I was stopped by a member of staff (South Western Railway) in which they discovered that I held no railcard but was using it to get a discount. I have not held a railcard.

I am completely at fault with this and it has been causing me a lot of anxiety. I've read on multiple threads about the possibility of an out-of-court settlement and would love advice on steps to achieve this.

I have also been doing this for the 30-40 journeys. I recognise how much of a bad situation I've put myself in.

Additionally, I received a letter today asking me to provide evidence of any railcards I've had since 2023. They also gave me the option to provide mitigation as well.

Using the information from other forums I've drafted a response. Any guidance on improvements I can make to it would be appreciated

Thank you.

 

[30907]

Welcome t the forum. I assume that the 2023 date is when your last railcard expired?

It's a bit thin as a response goes, though better that than too long! You might like to look at posts on here by @Hadders, who suggests good points to make.

Specifically, I would say "I understand that not paying the full fare/that claiming a discount I am not entitled to... is a serious offence" (pick one of the two). Slightly pedantic, but it makes clear you know what you have done wrong.

You could also mention that you realise fare evasion costs the railway and taxpayer a large amount every year.

Also, you could say "I would be grateful if you would allow me to pay..." rather than "I am happy to pay..."

You could even ask if they could supply a list of the fares you have underpaid, though I don't think it will make a great deal of difference.

As you may already know, SWT will probably agree to settle if you engage with them, but may well ask for the full Anytime fare for each journey. You presumably have a rough idea already of what this will cost

 

[UrbanBazaar]

Thank you very much for your response.

I've altered the response a little bit using some of your recommendations (attached).

• To answer your question: The last time I had a railcard was the end of 2022 I believe.
• Is it worth mentioning that I have paid the full fare price since the incident occurred?

 

[30907]

Thank you very much for your response.

I've altered the response a little bit using some of your recommendations (attached).

• To answer your question: The last time I had a railcard was the end of 2022 I believe.
• Is it worth mentioning that I have paid the full fare price since the incident occurred?

That looks better, but wait to see if anyone else has comments.

And I should have mentioned last time - it's easier for us to read and respond if you include your draft in your actual post.

 

[UrbanBazaar]

I'm sorry I didn't realise. Here's the response incorporated in the actual post.

Draft Response:

Dear Sir/Madam,



Thank you for emailing me regarding the incident on the 29/10/2024. I am grateful for the opportunity to respond and assist the investigation.



I'd like to first apologize for the incident in question. To explicitly answer, I have not held a railcard since 26th September 2023.



I realise that fare evasion costs the railway and taxpayers large amounts every year. I understand that claiming a discount I was not entitled to is a serious offence and I take full responsibility for my actions. I understand from now on to pay the full price of the ticket or to buy the respective railcard.



I would still greatly appreciate the opportunity to settle this matter outside of court. I would be grateful if you would allow me to pay any outstanding fares as well as any administrative costs incurred dealing with this matter.



I look forward to hearing from you.



Sincerely,

• Any recommendations on how to improve this further would be appreciated.

 

[commuter41]

Have you already purchased or considered purchasing a new railcard (which you are elgible for) for future travel?

 

[UrbanBazaar]

I have not unfortunately.

I'm in my last year of university so it would be a bit too late for me to purchase a railcard considering that I only use the train when I need to go to uni.

 

[WesternLancer]

I have not unfortunately.

I'm in my last year of university so it would be a bit too late for me to purchase a railcard considering that I only use the train when I need to go to uni.

I would strongly suggest that you spend £35 on buying one in this instance as it shows you have actually done something to ‘do the right thing’ now which may help persuade them not to prosecute you if you state you have done it in your reply to them.

That’s a cheap way to try and avoid a criminal record! If you think of it like that.

That would be my advice on how to improve your letter frankly.

 

[UrbanBazaar]

Thank you very much for your recommendation @WesternLancer

I just bought one right now and chose the express shipping option (3 days).

Should I wait to reply until I have the railcard in hand or should I just express to them that I bought the railcard?

 

[WesternLancer]

Thank you very much for your recommendation @WesternLancer

I just bought one right now and chose the express shipping option (3 days).

Should I wait to reply until I have the railcard in hand or should I just express to them that I bought the railcard?

If you have actually bought one I think it is absolutely fine to say something like the following as part of your reply

'I have learned from what I did wrong and I have now bought a valid Railcard for future use to ensure I can reduce the price of my train tickets in a legitimate way.'

Basically the railway want you to (in no special order):
- accept what you did was wrong
- pay them what you owe / evaded
- learned from what happened
- never evade fares again

Anything you can do / say to convince them of those things is the route to avoiding being prosecuted

 

[UrbanBazaar]

Thank you @WesternLancer. I have incorporated what you've recommended.

Revised Draft:

Dear Sir/Madam,



Thank you for emailing me regarding the incident on the 29/10/2024. I am grateful for the opportunity to respond and assist the investigation.



I'd like to first apologize for the incident in question. To explicitly answer, I have not held a railcard since 26th September 2023.



I realise that fare evasion costs the railway and taxpayers large amounts every year. I understand that claiming a discount I was not entitled to is a serious offence and I take full responsibility for my actions. I understand from now on to pay the full price of the ticket or to buy the respective railcard.



I have learned from my mistake and have now bought a valid Railcard for future use to ensure I can reduce the price of my train tickets in a legitimate way.



I would still greatly appreciate the opportunity to settle this matter outside of court. I would be grateful if you would allow me to pay any outstanding fares as well as any administrative costs incurred dealing with this matter.



I look forward to hearing from you.



Sincerely,
...

• If there are any points that can be improved upon, I would greatly appreciate any recommendation.

 

[Hadders]

The letter's pretty good. A few monir amendments:

It's apologise not apologize
Say 'I wondered if it would be possible to settle the matter without going to court. I am illing to pay the outstanding fares plus your administrative costs in dealing with this matter'.
At the end it's 'Yours faithfully' (unless it's adressed to a named individual when it's 'Yours sincerely'.

As for the settlement, be aware that this is likely to be quite expensive. SWR will potetially want to include the cost of all the journeys where you have travelled using invalid tickets and charge the full Anytime rate, with no credit given for the invalid tickets you did purchase. In addition they will want an admin fee, normally around £150. The settlement usually has to be paid within a few days of it being offered, they don't normally allow payment in installments.

 

[UrbanBazaar]

I greatly appreciate your recommendations @Hadders.

P.S: I am aware of how expensive the settlement could be and luckily have a bit of money saved up on the side, nevertheless I appreciate the heads-up.

Revised Draft:

Dear Sir/Madam,



Thank you for emailing me regarding the incident on the 29/10/2024. I am grateful for the opportunity to respond and assist the investigation.



I'd like to first apologise for the incident in question. To explicitly answer, I have not held a railcard since 26th September 2023.



I realise that fare evasion costs the railway and taxpayers large amounts every year. I understand that claiming a discount I was not entitled to is a serious offence and I take full responsibility for my actions. I understand from now on to pay the full price of the ticket or to buy the respective railcard.

I have learned from my mistake and have now bought a valid Railcard for future use to ensure I can reduce the price of my train tickets in a legitimate way.



I wondered if it would be possible to settle the matter without going to court. I am willing to pay the outstanding fares plus your administrative costs in dealing with this matter.



I look forward to hearing from you.



Yours faithfully,

 

[Hadders]

That's fine. Please let us know how you get on.

 

[UrbanBazaar]

I received a letter on the 21st February giving me the option to settle out of court (£334.10). A hefty amount, but one I accepted quickly and graciously. I'd like to thank everyone in the forum who helped me draft out a letter and gave me general advice - @Hadders @30907 @WesternLancer @commuter41. I am eternally grateful.

I never intend to do anything like this again and it is a shame that it took the fear of prosecution to get me to realise that. Nevertheless, thank you everybody.

 

[tonycockram]

Good result

 

[WesternLancer]

Thanks

I received a letter on the 21st February giving me the option to settle out of court (£334.10). A hefty amount, but one I accepted quickly and graciously. I'd like to thank everyone in the forum who helped me draft out a letter and gave me general advice - @Hadders @30907 @WesternLancer @commuter41. I am eternally grateful.

I never intend to do anything like this again and it is a shame that it took the fear of prosecution to get me to realise that. Nevertheless, thank you everybody.

Thanks for message and glad it’s resolved