• Our new ticketing site is now live! Using either this or the original site (both powered by TrainSplit) helps support the running of the forum with every ticket purchase! Find out more and ask any questions/give us feedback in this thread!

Expired Railcard Bodycam Interview - Help

Status
Not open for further replies.

ILL

New Member
Joined
21 Jan 2025
Messages
2
Location
UK
Hi all, I hope this is the correct place to post this query.

I have unknowingly been travelling for almost two months with an expired railcard via Trainline. I got stopped today (21/01/25) by an officer wearing a body cam. I was completely compliant and showed my ticket and railcard, just seemed like a standard inspection. The officer pointed out my railcard had expired on 02/12/24. I was shocked by this - it was a genuine mistake. The app normally emails me to remind me to renew, but it had not reminded me to update it for some reason this time - however I take full responsibility for not checking the date. The officer took my name, address, email address and asked me if I had taken any other trips in the past two months. I said yes, he then recorded the history of my past trips in my trainline app via a photograph. My records show I have made approx. 14 journeys between 02/12/24 and 21/01/25 mostly between Oxford and Paddington, 2 from Kings Cross to Stanstead, and 2 from Kings X to Sheffield. The officer told me this was being recorded. He was clear that my compliance for an on the spot “interview” was voluntary, but I obeyed because the expired railcard was truly an honest mistake. I have never intended to defraud the railway. He then said he wanted to interview me, and he would read me my rights. I said that’s fine, and we did a recorded interview. During the interview I confirmed where I was travelling from and to, and he asked is it the case that I’m on this train knowingly with an expired railcard. I said no. I did not realise it was expired.

I told him I genuinely had no idea why I had a ticket bought with a Network Railcard, and even said was there some reason the app would have upgraded without me knowing. But halfway through the interview I realised the reason I was travelling on a Network Railcard (not the expired 26-30) was because my partner’s train was cancelled on 06/01/25, so I booked her a new ticket from my phone and sent her the barcode - she does not have a 26-30 railcard, so I removed that from my phone when booking. She does have a valid Network Railcard, which I applied to my phone to book her ticket. Her ticket can be verified as used from London Kings X to Doncaster, Doncaster to Sheffield. I have a record of the Unique Ticket Numbers and can prove this in any further correspondence with GWR. I forgot to take the Network Railcard off my phone and have been using it unknowingly ever since. I told him this. I think he could see I was telling the truth. When the formal interview was over, I was clearly looking distraught. He said, “its’ not the end of the world, but when you receive the letter make sure you respond.” I was completely honest and told him all the information I had. Afterwards I immediately bought a new 26-30 Railcard.

I had to read his transcription and sign but because I was in a rush to get to work, I wasn’t able to read it as thoroughly as I would have liked, and of course I’m worried he didn’t include everything. I just wanted it to be over and was worried about being late for work. The officer said that they would perform an investigation. I recognise I have to pay any amounts owed due to the discounts I have incorrectly received, but I am super worried about any criminal prosecution or hefty fines. I have searched this helpful forum and understand best practice at this stage to be to wait for the letter. I gave them the address and check my post regularly. I am worried they will come down hard on me because it has been two months of using an expired, or incorrect Railcard.

I would greatly appreciate any advice about what I can do - please no retrospective advice – I’ve learned my lesson. I have written down my version of the events today. I am in the process of compiling a detailed list of all the journeys I took with the mistaken discount. I will also add up the cost of these journeys without the discount applied. As I understand from this forum if I comply, I am unlikely to go to court or be criminally prosecuted. I also know that if they ask me for a letter I will respond with facts and take @Hadders helpful advice about cooperation, saying sorry for what has happened, what I have learned from the incident, that I immediately renewed my railcard, that I am keen to settle the matter without the need for court action, and that I will pay the outstanding fare and the train company's administrative costs in dealing with the matter.


Further Questions:

1) Should I ask for the Bodycam footage? I saw some posts saying I should, but not sure how or why that would be helpful?


2) Will I definitely get the chance to reply in a letter? Or does the on the spot "bodycam under caution interview" count as my only chance to make my case?


3) Will I most likely have to pay for every journey taken in-full at an advanced single or return price? I’m worried about getting a huge fine – but obviously more worried about prospect of a criminal record.


4) If I do get the chance to respond by letter, in my response, can I include the list of every journey I have taken in error with my expired 26-30 Railcard, or the wrongly applied Network Railcard - and say that from this calculation I believe the sums I did not pay in error were £XXX – this is the difference between the tickets mistakenly bought thinking I had a valid Railcard, and that I am happy to pay this sum back, as I have never had any intention of travelling without a valid ticket.


5) re the Network Railcard, I'm aware that if I get a chance to reply in writing I shouldn't stray from facts, but can I explain the whole storm, Sheffield, partner situation in very brief unemotional terms just stating the facts (as this is why I ended up with the Network Railcard on my phone – plus I want to explain I shouldn’t have to pay a penalty for that specific train, as it was used by my partner with her valid Rail card which I can attach to any letter).


6) Should I contact them before they contact me? I saw on GRW’s ‘revenue protections and prosecutions policy’ .pdf on their website, that they encourage you to make contact.


7) I’ve seen in my 2023 emails from the Trainline that I got a notification of expiry. I did not receive one in 2024. Should I mention this to them in any capacity?


Many thanks in advance.
 
Sponsor Post - registered members do not see these adverts; click here to register, or click here to log in
R

RailUK Forums

dciuk

Member
Joined
1 May 2018
Messages
163
Regarding point 5 about not wanting to pay a penalty on the ticket purchased for your partner with their network railcard discount, as the network railcard does not cover Sheffield was that ticket discounted as I would not have thought a network railcard discount would be possible, although if split ticketing was used it might have discounted the London end of the journey, depending on where the split(s) happened.
 

Hadders

Veteran Member
Associate Staff
Senior Fares Advisor
Joined
27 Apr 2011
Messages
18,162
Welcome to the forum!

I assume you're dealing with GWR?

What happens next is that GWR will write to you. The letter will typically take a couple of months to arrive but can be sooner although it shouldn't take longer than six months. The letter will say that they have received a report, are considering prosecuting you and asking for your version of events before deciding how to proceed. It is important that you engage with and reply to this letter. You might want to include the following in your reply:

- 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

GWR ususally offer an out of court settlement to people who co-operate with their investigation, and who haven't come to their attention before. Expect to have to pay the cost of the fares for all the journey made when the railcard was expired at the full Anytime rate with no credit given for the tickets you did purchase. In addition you will need to pay an admin fee, typically around £150.

Train companies typically audit your Trainline ticket purchase history once you come to their attention so they will be aware occasions where you have travelled with an expired or incorrect railcard and want to factor this into the settlement cost. Sometimes this is done 'in one go', but sometimes they deal with the incident on the day you were stopped first and then contact you again about other journeys at a later date.

When it arrives, post a copy of the train company's letter in this thread (do redact any personal details before uploading) along with your draft reply and forum members will proof read it for you.

To answer your sepcific questions:

1) Should I ask for the Bodycam footage? I saw some posts saying I should, but not sure how or why that would be helpful?
I wouldn't bother. The facts of what happened aren't in dispute and I don't really think it will change the outcome.

2) Will I definitely get the chance to reply in a letter? Or does the on the spot "bodycam under caution interview" count as my only chance to make my case?
Yes, GWR will contact you. Their Revenue Protection Policy is one of the better written ones and specifically says they will do their best to settle out of court.

3) Will I most likely have to pay for every journey taken in-full at an advanced single or return price? I’m worried about getting a huge fine – but obviously more worried about prospect of a criminal record.
You'll probably have to pay for every journey at the Anytime Single price. This would be the worst case scenario.

4) If I do get the chance to respond by letter, in my response, can I include the list of every journey I have taken in error with my expired 26-30 Railcard, or the wrongly applied Network Railcard - and say that from this calculation I believe the sums I did not pay in error were £XXX – this is the difference between the tickets mistakenly bought thinking I had a valid Railcard, and that I am happy to pay this sum back, as I have never had any intention of travelling without a valid ticket.
When you reply to GWR's letter it's important that you answer the questions they ask. You're not required to incriminate yourself. If you look at other threads you will see many examples of letters you can base your reply on (as well as some you shouldn't!). The important thing is to make it short, concise and sincere.

5) re the Network Railcard, I'm aware that if I get a chance to reply in writing I shouldn't stray from facts, but can I explain the whole storm, Sheffield, partner situation in very brief unemotional terms just stating the facts (as this is why I ended up with the Network Railcard on my phone – plus I want to explain I shouldn’t have to pay a penalty for that specific train, as it was used by my partner with her valid Rail card which I can attach to any letter).
Yes, you can explain that.

6) Should I contact them before they contact me? I saw on GRW’s ‘revenue protections and prosecutions policy’ .pdf on their website, that they encourage you to make contact.
There is nothing to be gained by contacting GWR ahead of their letter arriving. Their Revenue Protection Policy does list some contact details but from what I can see this is for things like making a payment or a complaint about how a case has been handled. These don't apply at this stage.

7) I’ve seen in my 2023 emails from the Trainline that I got a notification of expiry. I did not receive one in 2024. Should I mention this to them in any capacity?
It's your responsibility to make sure your Railcard is valid. We see lots of cases like this on here, I would complain to Trainline.

For future reference our own ticketing site sells railcards and tickets. There's no need to buy your tickets from the same place as where you bought your railcard. Our site will almost always be no more expensive then Trainline and will often be cheaper!
 

ILL

New Member
Joined
21 Jan 2025
Messages
2
Location
UK
Regarding point 5 about not wanting to pay a penalty on the ticket purchased for your partner with their network railcard discount, as the network railcard does not cover Sheffield was that ticket discounted as I would not have thought a network railcard discount would be possible, although if split ticketing was used it might have discounted the London end of the journey, depending on where the split(s) happened.
Thank you for your reply. Yes I think you're right about the Network Railcard not applying a discount up north - I will double check in the case of splitfare.

== Doublepost prevention - post automatically merged: ==

Welcome to the forum!

I assume you're dealing with GWR?

What happens next is that GWR will write to you. The letter will typically take a couple of months to arrive but can be sooner although it shouldn't take longer than six months. The letter will say that they have received a report, are considering prosecuting you and asking for your version of events before deciding how to proceed. It is important that you engage with and reply to this letter. You might want to include the following in your reply:

- 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

GWR ususally offer an out of court settlement to people who co-operate with their investigation, and who haven't come to their attention before. Expect to have to pay the cost of the fares for all the journey made when the railcard was expired at the full Anytime rate with no credit given for the tickets you did purchase. In addition you will need to pay an admin fee, typically around £150.

Train companies typically audit your Trainline ticket purchase history once you come to their attention so they will be aware occasions where you have travelled with an expired or incorrect railcard and want to factor this into the settlement cost. Sometimes this is done 'in one go', but sometimes they deal with the incident on the day you were stopped first and then contact you again about other journeys at a later date.

When it arrives, post a copy of the train company's letter in this thread (do redact any personal details before uploading) along with your draft reply and forum members will proof read it for you.

To answer your sepcific questions:


I wouldn't bother. The facts of what happened aren't in dispute and I don't really think it will change the outcome.


Yes, GWR will contact you. Their Revenue Protection Policy is one of the better written ones and specifically says they will do their best to settle out of court.


You'll probably have to pay for every journey at the Anytime Single price. This would be the worst case scenario.


When you reply to GWR's letter it's important that you answer the questions they ask. You're not required to incriminate yourself. If you look at other threads you will see many examples of letters you can base your reply on (as well as some you shouldn't!). The important thing is to make it short, concise and sincere.


Yes, you can explain that.


There is nothing to be gained by contacting GWR ahead of their letter arriving. Their Revenue Protection Policy does list some contact details but from what I can see this is for things like making a payment or a complaint about how a case has been handled. These don't apply at this stage.


It's your responsibility to make sure your Railcard is valid. We see lots of cases like this on here, I would complain to Trainline.

For future reference our own ticketing site sells railcards and tickets. There's no need to buy your tickets from the same place as where you bought your railcard. Our site will almost always be no more expensive then Trainline and will often be cheaper!
Thanks very much for your reply. Greatly appreciated!
 

WesternLancer

Veteran Member
Joined
12 Apr 2019
Messages
15,453
Thank you for your reply. Yes I think you're right about the Network Railcard not applying a discount up north - I will double check in the case of splitfare.

== Doublepost prevention - post automatically merged: ==


Thanks very much for your reply. Greatly appreciated!
FYI - Network Railcard validity area is shown clearly on this map - it's broadly the south east of England, with some extremities a bit further than what most people would call the south east


and


Always worth a quick check of the T&Cs on any railcard you may have - unlike some T&Cs they are not particularly lengthy to look over - and the key bits are the things to check ref any restrictions on times of use and any that have minimum fares that apply (sometimes only at certain times like in morning peak periods.

Ref the body cam footage - I think this gets taken as a matter of course to be used if the issue comes to prosecution, so they have clear evidence - eg many people will admit when questioned (indeed you may have done so) that for example their ticket wasn't valid, or they didn't have a ticket when they got on board, or that they agree their railcard is no longer valid etc - evidence that could be used in court to demonstrate an admission of guilt at the time if the railway company need it as part of their court evidence.

That said they typically don't want to prosecute in court if you engage with them as it's administratively simpler for them (and arguably much better for you) to settle he matter out of court by paying them what you owe for the errors. But that's a decision for the back office not the staff on the front line, hence the frontline staff will use their body cameras in case the footage is needed by the back office in due course.

Your objective is of course to avoid this going to court by engaging with them using the advice already shared.

Hope this helps
 
Status
Not open for further replies.

Top