Expired railcard 6 month back

[xris456]

Hi there ,

I am posting here as I really need an advice .

I’ve been stopped with expired railcard which I did not realise and I have been travelling like this for the past 6 months.
I am really worried I have two children to look after I do not want to go to prison. They want evidence for periods I no longer hold. I have already purchase a new travel card.

I am happy to pay any penalty.
This is honest mistake from my side.

What would you advise please?

I have received an email with the following :

“Further investigations into this matter have been carried out, including a review of the ticket records. It would appear, at this stage, that this may be a case of fraud. West Midlands Trains take travel fraud extremely seriously and is committed to prosecuting all cases of fare evasion to the full extent of the law. Travelling on the railway with the intent to avoid paying the full fare is an offence under the Regulation of Railways Act 1889. Such an offence carries a maximum fine of £1,000 and/or three months’ imprisonment and, in either case, a criminal record. It must also be considered whether this matter amounts to a much more serious offence under the Fraud Act 2006.



At this stage we would be grateful if you would provide any evidence to support the claim that none of the above legislation has been contravened to prevent further action being contemplated.”

 

[jfollows]

You won’t be going to prison.

 

[Mcr Warrior]

@xris456. Welcome to the forum. What's the typical journey you've been making, which presumably were in the West Midlands Trains area, and how many such journeys do you reckon you've made since the previous railcard expired? And were the tickets for such journeys mostly booked online, using the likes of Trainline?

 

[xris456]

@xris456. Welcome to the forum. What's the typical journey you've been making, which presumably were in the West Midlands Trains area, and how many such journeys do you reckon you've made since the previous railcard expired? And were the tickets for such journeys mostly booked online, using the likes of Trainline?

Hi there I’ve been travelling every day yes they were booked online yes West Midlands trains

 

[Mcr Warrior]

Hi there I’ve been travelling every day yes they were booked online yes West Midlands trains

And the typical journey? Start station? End station?

 

[xris456]

And the typical journey? Start station? End station?

So my railcard was network railcard and on the day in question I think I travelled with west midland but I usually come back with Avanti trains where I have purchase tickets I don’t know if matter . I travel Milton Keynes - London Euston and come back

 

[Mcr Warrior]

@xris456. Noted. Thanks. If you were asked, in due course, to stump up the full, undiscounted, Anytime Day Single fare, for each one-way trip made between Milton Keynes Central and London Euston using inappropriately discounted tickets (and then the same again for each return journey) that could soon add up to quite a large sum over a six month period. Believe an any operator Anytime Day Single between the two stations is currently as much as £24.80, so you could be looking at several thousand pounds, with no credit likely given for what you've already (part) paid.

However, I'll leave it to others to indicate how best (if at all) to respond to the e-mail that you've received and/or whether it may be advisable to consider consulting a firm of specialist solicitors, in view of the substantial amount potentially at stake. They *may* be better placed to help negotiate a lower settlement amount.

 

[xris456]

@xris456. Noted. Thanks. If you were asked, in due course, to stump up the full, undiscounted, Anytime Day Single fare, for each one-way trip made between Milton Keynes Central and London Euston using inappropriately discounted tickets (and then the same again for each return journey) that could soon add up to quite a large sum over a six month period. Believe an any operator Anytime Day Single between the two stations is currently as much as £24.80, so you could be looking at several thousand pounds, with no credit likely given for what you've already (part) paid.

However, I'll leave it to others to indicate how best (if at all) to respond to the e-mail that you've received and/or whether it may be advisable to consider consulting a firm of specialist solicitors, in view of the substantial amount potentially at stake. They *may* be better placed to help negotiate a lower settlement amount.

Hi I totally understand that and I am willing to pay whatever is necessary.
Do you think this can lead to prison I am happy to assist with paying whatever is needed .

 

[AlterEgo]

You won't be going to prison.

 

[duffield]

Not only will you not be going to prison, you almost certainly won't even need to go to court. If you engage as the experts advise you should get an out of court settlement, and no criminal conviction. People have done much worse than you over longer periods and still settled out of court. Even cases that do go to court (typically due to things like failure to engage with the train company) end up with a fine, not prison. The mention of prison in the email is just to scare you.

 

[Titfield]

The mention of prison in the email is just to scare you.

There is a duty of care to advise those who may be subject to financial penalties, fines or imprisonment for a course of action they take, of the potential risks and negative outcomes which could arise which includes outlining the worst case scenario (sanction) which could be applied under the governing legislation.

 

[WesternLancer]

Hi there ,

I am posting here as I really need an advice .

I’ve been stopped with expired railcard which I did not realise and I have been travelling like this for the past 6 months.
I am really worried I have two children to look after I do not want to go to prison. They want evidence for periods I no longer hold. I have already purchase a new travel card.

I am happy to pay any penalty.
This is honest mistake from my side.

What would you advise please?

I have received an email with the following :

“Further investigations into this matter have been carried out, including a review of the ticket records. It would appear, at this stage, that this may be a case of fraud. West Midlands Trains take travel fraud extremely seriously and is committed to prosecuting all cases of fare evasion to the full extent of the law. Travelling on the railway with the intent to avoid paying the full fare is an offence under the Regulation of Railways Act 1889. Such an offence carries a maximum fine of £1,000 and/or three months’ imprisonment and, in either case, a criminal record. It must also be considered whether this matter amounts to a much more serious offence under the Fraud Act 2006.



At this stage we would be grateful if you would provide any evidence to support the claim that none of the above legislation has been contravened to prevent further action being contemplated.”

A key question is did you know the railcard had expired or had you forgotten its expiry date? Was this a genuine oversight.

Were you stopped and questioned about the ticket and the railcard and you gave your details? Presumably yes.

Basically you need to reply to the e mail explaining this was a mistake and offering ‘to pay the correct fare owed in order resolve the matter without the need for court action’.

 

[Hadders]

I suggest send a short, concise reply that mentions:

- 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

WMR almost always offer an out of court settlement in these sort of cases as long as you co-operate with them. Expect to have to pay the cost of all the tickets avoided at the full Anytime rate, with no credit given for the invalid tickets you did purchase. In addition you will have to pay an admin fee, typically £175.

If you post a draft reply in this thread forum members will be happy to proof read it for you.

 

[Mcr Warrior]

- Offer to pay the outstanding fare and the train company's administrative costs in dealing with the matter

One unpaid/incorrect fare (plus the admin fee) is one thing. Six months of unpaid/incorrect fares, travelling near daily, is another.