chilternletter
New Member
Morning,
Relieved to find this forum. Hope you can help. My wife received this letter yesterday - posted 2nd class and took 10 days to arrive so response required fast.
She was going to a funeral. By mistake she bought a ticket using our daughter's railcard which trainline had pre-populated. Although the 2nd para suggests she has been caught before we have no recollection of that and think we would remember.
I can post a draft response a bit later and will set out the facts. Just wondered if there was anything to note in the letter.
Many thanks for the help.
== Doublepost prevention - post automatically merged: ==
TEXT COPIED BELOW IF EASIER TO READ THAN PDF:
Notice of Intended Prosecution
We are in receipt of a report, which advises that on Wednesday 22nd January 2025, a person giving your name and address details was spoken to by railway revenue protection staff in connection with a journey between Marylebone and Bicester North, at the time you failed to show a valid rail ticket for the journey that you were making or had made.
Following you being spoken to; the Economic Crime, Fraud & Prosecutions Unit submitted a data access request Under Schedule 2 Part 1 Paragraph 2 of the Data Protection Act 2018 and GDPR Article 6 (1) (d), to various rail ticket retailers, which has revealed that you may have avoided the correct rail fare on other occasions.
If you have a valid railcard but were unable to produce it to the rail official on the day in question, please email a copy of any railcards you hold or previously held for us to review.
The purpose of this letter is to advise you of the report and of any action that may follow from it, and to provide you with the opportunity to inform us of any mitigation that you may wish to be considered. This should be sent via email to Fraud@chilternrailways.co.uk
The report of this incident indicates that in the absence of a satisfactory explanation, evidence does exist to warrant a prosecution in accordance with the current legislation. These considerations may include whether any charge should allege an offence against Railway Byelaws (2005), or the Regulation of Railways Act 1889.
You are therefore advised to seek out independent legal advice from a Solicitor trained in criminal law and who is registered with the Law Society. It would also be an advantage if they have knowledge of rail fare law, as this is a specialised area.
The company considers this a serious matter, and if we do not hear from you within 14 days of the date of this letter, this matter will be passed to our Prosecuting Authority with a view to obtaining a Summons to a Magistrates' Court hearing, this may be issued without further reference to you.
Yours sincerely,
Asif Ismail DCFM, CFRM, ACFS, APCIP, CCIP, CHIA
Fraud & Prosecutions Lead
Relieved to find this forum. Hope you can help. My wife received this letter yesterday - posted 2nd class and took 10 days to arrive so response required fast.
She was going to a funeral. By mistake she bought a ticket using our daughter's railcard which trainline had pre-populated. Although the 2nd para suggests she has been caught before we have no recollection of that and think we would remember.
I can post a draft response a bit later and will set out the facts. Just wondered if there was anything to note in the letter.
Many thanks for the help.
== Doublepost prevention - post automatically merged: ==
TEXT COPIED BELOW IF EASIER TO READ THAN PDF:
Notice of Intended Prosecution
We are in receipt of a report, which advises that on Wednesday 22nd January 2025, a person giving your name and address details was spoken to by railway revenue protection staff in connection with a journey between Marylebone and Bicester North, at the time you failed to show a valid rail ticket for the journey that you were making or had made.
Following you being spoken to; the Economic Crime, Fraud & Prosecutions Unit submitted a data access request Under Schedule 2 Part 1 Paragraph 2 of the Data Protection Act 2018 and GDPR Article 6 (1) (d), to various rail ticket retailers, which has revealed that you may have avoided the correct rail fare on other occasions.
If you have a valid railcard but were unable to produce it to the rail official on the day in question, please email a copy of any railcards you hold or previously held for us to review.
The purpose of this letter is to advise you of the report and of any action that may follow from it, and to provide you with the opportunity to inform us of any mitigation that you may wish to be considered. This should be sent via email to Fraud@chilternrailways.co.uk
The report of this incident indicates that in the absence of a satisfactory explanation, evidence does exist to warrant a prosecution in accordance with the current legislation. These considerations may include whether any charge should allege an offence against Railway Byelaws (2005), or the Regulation of Railways Act 1889.
You are therefore advised to seek out independent legal advice from a Solicitor trained in criminal law and who is registered with the Law Society. It would also be an advantage if they have knowledge of rail fare law, as this is a specialised area.
The company considers this a serious matter, and if we do not hear from you within 14 days of the date of this letter, this matter will be passed to our Prosecuting Authority with a view to obtaining a Summons to a Magistrates' Court hearing, this may be issued without further reference to you.
Yours sincerely,
Asif Ismail DCFM, CFRM, ACFS, APCIP, CCIP, CHIA
Fraud & Prosecutions Lead
