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Chiltern Railways Notice of Intended Prosecution

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fluffel

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29 Aug 2024
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Bristol
Hi everyone,

A little help would be much appreciated. I took a journey to Leamington Spa in June to visit some friends. When I arrived at the station there were revenue protection staff at the ticket gates. I approached them and after scanning my ticket they asked to see my railcard. When I purchased a ticket for my journey on the 13th trainline added a railcard, as I had one in the past. I did not realise this had not renewed my railcard. As I was checking my phone to see if had any proof of my previous railcard I was quite nervous and started to pace as it's what I do when I get nervous, the revenue protection guy ran toward me and insisted that I give him my ID and my details immediately. I was too nervous to do anything but give him what he asked for. After that he let me leave.

I received a letter today reading:
We are in receipt of a report, which advises that on Thursday 13th June 2024, a person giving your name and address details was spoken to by railway revenue protection staff in connection with a journey between Bristol Temple Meads and Leamington Spa, at the time you failed to show a valid rail ticket for the journey that you were making or had made.

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 can be sent to the address shown above, or via email at 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.


Reading through previous threads on this forum (specifically https://www.railforums.co.uk/threads/chiltern-prosecution-intention-notice-letter.271026/) I understand that it is possible to settle such matters outside of court. I need some advice on rectifying the situation.
Any help would be much appreciated. :)
 
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Titfield

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May I suggest you follow the advice forum member @Hadders gives in situations such as this and indeed is contained within the thread you cited.

I suggest writing a short, concise reply saying that:

- That you are sorry for what has happened
- What you have learned from the incident
- That you are keen to settle the matter without the need for court action
- Offer to pay the outstanding fare and the train company's administrative costs in dealing with the matter

Chiltern are normally prepared to offer an out of court settlement to people who co-operate with their investigation and who haven't come to their attention before. We cannot guarantee this and they are within their rights to prosecute you in the Magistrates Court if they want to.

If you are offered a settlement expect to have to pay the outstanding fare at the full Anytime rate plus an admin fee, typically around £150. Paying a settlement might feel like paying a fine but technically it isn't because only a court can impose a fine as a punishment upon conviction.

Feel free to post a copy of your draft reply in this thread and we will be happy to proof read it for you.


Have you purchased any other rail tickets claiming a railcard discount you were not entitled to (because either you had no railcard or the railcard had expired)?

Chiltern have probably examined your booking record to identify any other instances of travelling with an invalid ticket.
 

fluffel

New Member
Joined
29 Aug 2024
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2
Location
Bristol
Have you purchased any other rail tickets claiming a railcard discount you were not entitled to (because either you had no railcard or the railcard had expired)?

Chiltern have probably examined your booking record to identify any other instances of travelling with an invalid ticket.
I just checked and I took one previous journey after my railcard expired. Is there anything I should be aware of because of this?

== Doublepost prevention - post automatically merged: ==

I've drafted an email based off the advice on the forum, any changes or advice would be appreciated:

Dear Sir/Madam,
Customer Reference ______

I am emailing you today in response to a letter which I received from Chiltern Railways dated the 23rd August 2024. This was a Notice of Intended Prosecution letter and I received it on the 29th August 2024. I understand it is in relation to an incident on the 13th June 2024.

Firstly I just wanted to say how sorry I am for my actions. I understand that this is a big problem for Chiltern Railways and I apologise for contributing to it.

I have fully learned from that day and I have not had any further incidents on Chiltern Railways services since. This was an incident which I am truly sorry for and I want to rectify this mistake which I have made.

I now know to double check the ticket that I'm purchasing is valid. When I purchased a ticket for my journey on the 13th trainline added a railcard, as I had one in the past. I did not realise this had not renewed my railcard. However, I fully understand it was my responsibility to check the validity of the ticket and I now do this every time before I travel and have done since the incident.

I want to know if this matter could be settled without the need for further court action. I am happy and willing to pay the outstanding amount for the fare in question and any costs which Chiltern incurred having to investigate the matter in order to rectify my mistake.

Please do not hesitate to get into contact with me.
Kind Regards,
 
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Hadders

Veteran Member
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Senior Fares Advisor
Joined
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18,161
The letter looks fine to me. I would give it another day before replying as other forum members might have some other suggestions.

Chiltern will probably audit your online ticketing account and identify the other journey you've made when you didn't have a valid railcard. They will probably want to factor this into the settlement amount.
 
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