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Fare evasion advice

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St8drw

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Over a week ago I took a train journey, and when I went to the ticket machine to purchase my return ticket a message on the machine came up saying 'Daily Limit Exceeded'. This was 8:30 in the morning and I hadn't used my card that day so I knew I hadn't gone over the limit (this has happened once before using the same machine a few weeks ago and on that occasion I was able to purchase a ticket from the conductor on the train using my card). Since the first time that happened I have always tried to make sure I have enough cash on me to purchase the ticket, although I know this must be a machine issue rather than my card.

I didn't have any cash on me though and thought that it would be ok to purchase a ticket from the conductor on the train. I now know since reading up on this that this isn't the correct thing to do but I have never had a problem with purchasing a ticket on board before.

When the train arrived I looked around to make sure I got on to the same carriage as the conductor, he closed the doors and went straight into the cabin at the front of the carriage, I was sat about a meter away from him. I tried to get his attention before this but to no success.

He remained there for my journey which lasts around 10 mins. I arrived at the my destination where train staff were waiting at the bottom of the stairs, I went straight up to the inspector and asked if I could purchase a ticket. He said he would deal with it in a second.

Once he had checked through passengers he then came up to me and asked why I didn't have a ticket for my journey, I explained that I tried using my card in the TM and that I had a message come up saying 'Daily Limit Exceeded', he said "by this time of the day already?" and I laughed and said "I know it's ridiculous isn't it". I thought I would then be offered to by a ticket, instead another inspector came over with a note pad and read me my rights before asking me some questions. Where did you travel from?, why weren't you able to buy a ticket?etc.

Once he had asked his 3rd or 4th question I asked what he was doing and he said he was "writing a report" of why I wasn't able to purchase a ticket. Although he had read me my rights I felt as though he was making a record to send on to the engineers. I must add I have never experienced anything like this, and so I didn't really know what was going on. He then asked if it was safe to assume that if he wasn't at the station at the bottom of the steps then would I have walked off without purchasing a ticket, to which I said yes. I must add that the station I arrived at has NO ticket purchasing facilities and that would make this impossible. I also explained this to the inspector.

His report finished there and I was then told to expect a letter in the post within 3 weeks and to respond to it immediately. I asked what the letter would contain but he couldn't tell me. I then walked off to work.

It was all very strange and I had never been read my rights before so decided to check on the internet what it was when I got into work. It was then I realised that I was actually receiving a caution for an fare evasion offence.

I appreciate now that it was VERY silly of me not to buy a ticket before boarding the train, but I did try to purchase one from the conductor on the carriage. I accept that I will probably receive a fine but I don't want a court summons OR criminal record.

He never asked me if I had any other means of payment, or if I intended to travel without paying, and I am 100% sure my card would have worked through the conductors machine as it always has in the past.

For what it's worth I have kept my tickets from the same journey a day before to help prove I don't intentionally avoid paying. I also have no previous cautions or convictions.

I have just received a letter of 'intention to prosecute' for 'failing to hand over a rail ticket for inspection'. With the option to provide information from my point of view.

Any advice would be welcome, thanks.
 
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reb0118

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........I felt as though he was making a record to send on to the engineers.......

No doubt to construct a case against you.

Did your station have an alternative method of payment other than the TVM?

As, from your post, I believe that you boarded the train without the means to pay, where facilities existed, you have technically committed an offence. Others, more experienced in these matters, will respond in due course with further advice but for what it's worth I would respond truthfully, factually, and most importantly in a concise manner the reasons for your actions on the day. If you have not come to the attention of FGW before in relation to any other ticketing offence then they may, & I stress may, offer you an out of court settlement.

Good luck.

p.s. It has been said on this forum that you do not have to actively seek out the conductor on the train. NB the reverse also applies in that it is not the conductors duty to ensure that you have a valid ticket - it is yours. That said if you require a ticket be pro-active (my Granny often said "that's why you've got a guid Scottish tongue in yer heid" - also applies to English tongues) a firm "EXCUSE ME! I need a ticket please." will work wonders.
 
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St8drw

New Member
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10 Apr 2014
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--- old post above --- --- new post below ---
No doubt to construct a case against you.

Did your station have an alternative method of payment other than the TVM?

As, from your post, I believe that you boarded the train without the means to pay, where facilities existed, you have technically committed an offence. Others, more experienced in these matters, will respond in due course with further advice but for what it's worth I would respond truthfully, factually, and most importantly in a concise manner the reasons for your actions on the day. If you have not come to the attention of FGW before in relation to any other ticketing offence then they may, & I stress may, offer you an out of court settlement.

Good luck.

p.s. It has been said on this forum that you do not have to actively seek out the conductor on the train. NB the reverse also applies in that it is not the conductors duty to ensure that you have a valid ticket - it is yours. That said if you require a ticket be pro-active (my Granny often said "that's why you've got a guid Scottish tongue in yer heid" - also applies to English tongues) a firm "EXCUSE ME! I need a ticket please." will work wonders.

No there wasn't any other means of buying a ticket, only the TVM. I did on the day phone the bank and ask them if any payment had tried to been made off the card and they said they could see no reason why it wouldn't have worked, and that they believed the machine may have been faulty for some reason. I did however order a new card that day and they said they would be happy to put something in writing for me. Not sure how that will hold up though.

Is this the best stage to write a plea? Or should I wait for future correspondence?

Thanks for your swift response!
 
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Fare-Cop

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Can I just clarify something, I have read & re-read your original post, but unless I've missed it, can you tell us where this journey took place.

So far as I can see no stations have been mentioned, but the first respondent mentions FGW ?

Was this on FGW or some other TOC?
 

St8drw

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10 Apr 2014
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Can I just clarify something, I have read & re-read your original post, but unless I've missed it, can you tell us where this journey took place.

So far as I can see no stations have been mentioned, but the first respondent mentions FGW ?

Was this on FGW or some other TOC?

Yes sorry, this was on a FGW service in South Devon.
--- old post above --- --- new post below ---
Would anyone be willing to proof read my letter in response to my intention to prosecute letter? It would be greatly appreciated!
 
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IanD

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Check with your card issuer, they may be able to provide proof that the card was tried and rejected.
 

St8drw

New Member
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I have contacted them and they said that there is nothing on there records so it is more likely to either be an issue with the chip on the card or an issue with the machine.
 

RPI

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What was the outcome of this story?
 
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