Chiltern Railways - Notice of intended Prosection

[Hackett]

Hi,

I'm sorry to add yet another thread to the forum but I have limited time to respond to the usual letter that Chiltern provides. The letter arrived yesterday, giving me only four days to respond before their 14-day cut-off.

In April, I accidentally purchased a child-advanced single online. In retrospect, I have found this was due to my browser defaulting to the US version of the website, rather than the UK version. There are price fluctuations so a cheaper ticket wasn't unexpected, though this ticket is roughly £2 cheaper than I have ever seen it before.

After scanning the ticket's barcode, I was challenged by the barriers and immediately questioned under caution. I wasn't clear on the severity of the situation until the questioning had occurred.

This is an isolated incident (have gone through all previous tickets to confirm) and as my employer expenses my tickets, I have zero incentive to commit fraud. I have drafted a reply that explained the above and take full responsibility for the incident

I'm now trying to decide whether this requires the support of a solicitor or as it is a single offence, whether I would be able to resolve this myself.

Any guidance on this and Chiltern's stance on proceeding with prosections would be appreciated.

 

[notmyrealname]

Hi.

Could you show us the letter you've had please? It will help the experts to advise you. Cover up your name, address and their reference number.

You could also post your draft reply for comments, so your letter can be as good as possible.

See what the experts say but it could be a bit early to starting talking to lawyers.

 

[AlterEgo]

Also, which retailer is involved here? I’ve not heard of a retailer defaulting to child fares!

 

[Hackett]

Apologies should have included the letter. The redacted version is attached.

It was on Trainline, the US version. I created a recording which showed that when I recreate the journey, the default option is a child's ticket.

So it may be possible to reply and then seek legal help at a later point? I was under the impression you shouldn't reply if you're planning on getting legal help.

Draft letter:

I am writing in response to the recent communication regarding a potential prosecution related to my journey on [date removed]. I take full responsibility for the unintended purchase of a child ticket and would like to explain the circumstances that led to this error.

I regularly purchase tickets through Trainline.com for my journeys. Due to the varying ticket prices on the platform, I did not notice that I had accidentally purchased a child ticket. This mistake occurred because I was using the US version of the Trainline website, where a child ticket is the default option, and I did not realise I was on this version of the site. Unfortunately, I only became aware of the error when I scanned the ticket's barcode at the barriers at [Station removed]

I sincerely apologise for any inconvenience and the time that investigating this issue has caused. I would also like to emphasise that all my train fares are expensed by my employer, so there was no incentive for me to purchase a cheaper ticket. This was an honest mistake, with no intention to deceive or commit fraud. Additionally, my Trainline record shows that this is an isolated incident and not part of a pattern of behaviour.

I also have a recording that demonstrates how the US version of Trainline defaults to a child ticket, which I can provide if needed. I am more than willing to pay the outstanding fare difference and cover any administrative costs that the train company has incurred in dealing with this matter. Once again, I want to reiterate that I take full responsibility for this error, and I deeply regret any issues it has caused.

Thank you for your understanding and assistance.

 

[ikcdab]

I think your letter is fine and covers the points well.
Chiltern appear to be one of the more pragmatic train companies and tend to offer settlements rather than prosecution.

Whichever way you look at it you are guilty of an offence. An adult travelling on a child ticket. Given the circumstances there is a slight possibility that they may drop it, but this is remote and i suspect that the most likely outcome is that they will offer you a settlement. The cheapest option would be to pay this and move on as you are likely to be asked to pay a low three figure sum to close the case. If you do to a go solicitor, you will be looking at paying a high three figure sum before you even begin and you still have the same uncertain outcome and liability to pay the legal fees.

 

[Davester50]

Also, which retailer is involved here? I’ve not heard of a retailer defaulting to child fares!

The US version, (with VPN on for the US) defaulted to dollars and an adult fare when I just tried a random Chiltern journey.

 

[Hackett]

Thanks for the advice

This was without a VPN (though doubt that makes a difference)

I've attached a screenshot from the recording which showed the default ticket selection. On clicking find tickets, it preceded to find train times with 1 child ticket selected

It does look like the US website design has changed since this was recorded. An adult ticket is now clearly selected, next to selecting a travel card.

 

[Hadders]

Your letter looks fine to me. There's no need to involve a solicitor at this point, should you not get a favourable response from Chiltern then that would be the time to involve a solicitor.

 

[Hackett]

Thanks all.

I've sent the letter. I'll update the thread on how it goes.

 

[Hackett]

Hi,

Just in case it helps anyone else in the future. The letter sent resulted in paying an admin fee to resolve.

Thanks again for everyone's help.

 

[Titfield]

Are you willing to advise how much the admin fee was? This helps forum members keep abreast of developments in revenue enforcement.

 

[Hackett]

Yeah sure, it was £149.

 

[Titfield]

Yeah sure, it was £149.

Thank you!