Chiltern Rail transport investigations letter

[latinka]

Hi

I have received a letter from Transport Investigations for unable to produce valid ticket on Chiltern Railways train ( the one saying about Railway Byelaws (2005) or The Regulation of Railways Act 1889) - looks like they thin it's intentional far avoiding...

( My story short : Traveling one 4 min stop without having £3.00 ticket, I was running late for the train but I know that's is not excuse for them. Then being questioned by ticket inspector for an hour time at the station, I have answered all questions as honest I could, but some questions I was forced to answer if my answer was I can not remember. I have stated - it was unintentional and If I could I would buy a ticket at the exit).

I'm just about to write an apology letter - not sure my chances but reading other posts worth to try


1)Does anyone know what would be reasonable sum to offer them as a settlement without court? I was thinking about £300 - £350, but don't want to look desperate or offer not enough.

2)Also is it worth to call them up and maybe try to sort it over the phone?


3)And just one more question but it is just my curiosity: Their signs do not say anything about possible prosecution action only about penalty it that legal for them to start prosecution action at all? ( picture attached).


Thank you in advance for any help.

 

[bb21]

Welcome.

Hi

I have received a letter from Transport Investigations for unable to produce valid ticket on Chiltern Railways train ( the one saying about Railway Byelaws (2005) or The Regulation of Railways Act 1889) - looks like they thin it's intentional far avoiding...

Is it a letter asking you for your version of the events?

1)Does anyone know what would be reasonable sum to offer them as a settlement without court? I was thinking about £300 - £350, but don't want to look desperate or offer not enough.

2)Also is it worth to call them up and maybe try to sort it over the phone?

It is usually sufficient to express your willingness to settle in the letter of reply, together with your remorse and sincere regret. The company would normally reply with a figure in turn if they are happy to settle out of court.

If you want to speed the process up, you could ring them up and discuss the matter in person over the phone. We have had reports of certain companies willing to discuss out-of-court settlements over the phone although I cannot guarantee that Chiltern will be one.

3)And just one more question but it is just my curiosity: Their signs do not say anything about possible prosecution action only about penalty it that legal for them to start prosecution action at all? ( picture attached).

Yes, they can go straight to prosecution if they think they have enough evidence. A Penalty Fare does not have to be offered.

 

[swt_passenger]

...And just one more question but it is just my curiosity: Their signs do not say anything about possible prosecution action only about penalty it that legal for them to start prosecution action at all? ( picture attached).

The standard Penalty Fare (PF) notice is careful to use the word 'may' in a few key places though, and that's enough to indicate that a PF isn't a right...

 

[latinka]

Thank you for your response.

Yes letter is ''to provide the opportunity for any mitigation that i wish to be considered''.

At the bottom is reference number and log in details taking me to some website which states : ''WRITTEN REPORT MADE BY AN INSPECTOR OR OTHER AUTHORISED RAIL STAFF: The inspector's report will be sent to the administration office, where it will be given a reference number and the detail of the incident assessed. The assessment considers whether sufficient evidence exists to proceed, whether pre-purchase facilities were available to the traveller, if any false details were given and if any previous record of a similar matter is on file concerning the person reported. A letter will be sent by the train operator or their appointed agents, allowing a set time in which the person who has been reported may give their version of events in writing. Any reply will be assessed against the evidence already reported and any necessary further investigation will be carried out. This may include the British Transport Police being asked to retrieve any CCTV footage from cameras at stations or on board trains, and retrieving evidence of the availability of ticket issuing facilities from rail company records. Self-service machines and booking offices are continuously monitored for availability to the travelling public. Where it is maintained that sufficient evidence does exist to warrant a prosecution, an application for the issue of a summons to answer the relevant charge will be made to a Magistrates' Court. This will be within the prescribed timescale as laid down by the Courts and will be within 6 months of the date of the offence being detected. Where appropriate, the train operator or their appointed agents may agree to resolve the disputed issue by allowing payment of the fare and administration costs incurred by the rail company as an alternative to proceeding to Court action''

Also if this kind of matters are in court and you are pleaded guilty is the criminal record forever? Or if is limited to some period of time?

 

[island]

To answer your question, if you were convicted in court of an offence under the Regulation of Railways Act this would be a recordable offence. If a person were to apply to the Disclosure and Barring Service for information about your convictions, this could potentially be disclosed if thought relevant. The conviction would be spent after five years (or less, depending on the sentence) and after this time you would not need to mention it except for a small few purposes.

The above is a considerably simplified summary of the process so please ask if you have a more specific question.

However, it is unlikely to get that far as long as you are willing to settle with the company. Our experience is that many settlements are in the region of £100, and I echo the advice above not to mention a figure in the first instance.

 

[latinka]

That's very helpful, thank you a lot. I will now try to call them a see how it's goes, fingers crossed.