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Fare evasion letter

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Bd1979

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29 Jan 2013
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7
Hi, I am hoping for some advice as I am worried sick about a fare evasion letter that my husband has received.

He travelled from Macclesfield to Cheadle Hulme and hadn't bought a ticket at the station as he was running late. The train was so busy he couldn't buy a ticket on board and when he reached Cheadle Hulme he went onto autopilot and left the station via the car park as he always does as this is the quickest route to our house. It wasn't until he was stopped he remembered he needed to go and buy a ticket. We now know it is an offence to get on a train without a ticket, which we genuinely didn't know before as we quite often purchase tickets on the train and needless to say neither of us will ever travel without a prior ticket again. We also except that it is totally his responsibility to make sure he had a ticket and he was stupid to forget, but it was a genuine mistake. We are genuinely good and honest people and he has used the trains for the last 15 years with never a problem before. He has never been in trouble for anything before either. We have two very young children and could not survive without his wage and the thought that we could lose everything over this is really frightening me.

We will obviously write with a very sincere apology offering to pay the fare and all costs plus compensation. We don't care what this costs we just desperately don't want it to go as far as court. Should we give a full blown explanation or just a heartfelt apology and offer to settle? Should we really grovel or do they not like that?

He cannot believe how stupid he has been but it would seem very unfair to ruin a whole family's life over something like this. He did not set out to hurt anyone or to be dishonest. Does anyone know the likelihood of northern rail settling before court?

We would very much appreciate any help or advice you can give. Thank you
 
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bb21

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24,448
Explain that it was a stupid mistake, apologise, promise lesson learned and will not do it again, and that you would like to settle the matter amicably without involving the courts. Keep it relevant to the matter in hand. Don't complain that it is unfair as that will not go down well however you might see it now. He made a mistake and broken the law inadvertently therefore will need to face the consequences.

I'm not sure saying that he was in autopilot would exactly help as that can be seen as admission that he has done this before. Draft up your response, and then come back and ask nicely and someone might be happy to help you proofread it before sending it off.

You could appeal to their better nature and explain your circumstances however it is likely that Northern prosecutions have seen it all before so whether it will work or not is unclear.

If this is genuinely his first offence then the chances of this going to court is low provided that he has not already incriminated himself when questioned.

Does he remember whether he was cautioned on the day?

Does he remember exactly what he was asked and what his responses were?
 

Bd1979

Member
Joined
29 Jan 2013
Messages
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Hi bb21 and thank you so much for your swift response. He would usually have a return ticket which is why he never needs to buy a ticket on his way home and just leaves out of the nearest exit. He had got a lift into work that day. The really stupid thing is that this is our local station and we know there are guards there, he did just genuinely forget that he didn't have a ticket.
We would not expect (or even ask) them to drop the matter, they are out of pocket by the cost of his fair plus the admin looking into all this and we are more than willing to cover all costs and even pay compensation to say sorry. Thanks for the advice about saying its unfair and the autopilot thing, this is why I wanted to ask for help because I am in a panic and in attempting to say everything the right way I probably won't.

He wasn't cautioned, he was asked where he'd come from and why he didn't buy a ticket there or on the train. He was honest and told him what I've explained here and offered to go and get a ticket (too little too late we know) but the guard said it was too late because he was on his way out. He just took his details (my husband also advised that we were due to move house soon and offered the new address but the guy didn't take it. This was back in October and we have only just received the letter so it's a good job we are having our mail re directed) and said he would receive a letter and not to worry it will just be the cost of a ticket. This was part of the reason for his forgetfulness as we have been under a lot of stress over the past year with our house situation and having just had a baby.

He will draft a response and if someone would help to check it then we would be so grateful, we know you don't have to do this.

Thank you again so much.
--- old post above --- --- new post below ---
Tony that's not really very helpful. I have explained why we use the car park, many people exit the station this way.

Believe me my husband is kicking himself more than anyone else could and I have made my feelings perfectly clear. Whilst not intentional his actions were stupid and he knows this.

I have come here seeking help and the help that is being provided is very much appreciated.
 

tony6499

Member
Joined
27 Sep 2012
Messages
913
Sorry to hear your circumstances but look at it from the TOC's viewpoint, they catch someone leaving a station through a car park having 'forgotten' to buy a ticket having travelled from a station with facilities to buy a ticket, not having time is not an excuse.

What would have happened if your husband hadn't been challenged leaving the car park ?
 

Bd1979

Member
Joined
29 Jan 2013
Messages
7
This is the letter we have written:

I wish to offer my sincere and unreserved apology for travelling with out a valid train ticket on ...... I have never done so before in more than 15 years of using trains and can assure you that I will never do so again. I usually travel on a return ticket but that day had got a lift into work and whilst I fully intended to buy a ticket on my way home, as I got to my station I completely forgot I didn't have a ticket and proceeded to leave the station. I feel extremely foolish and I am very sorry for the trouble and loss I have caused your company.

I would be so very grateful if you would allow me to settle this matter amicably and without involving the courts. I have a young family who depend on my income and I am utterly devastated that my stupidity could cost them everything.

I will of course cover the cost of the original fare, plus all your costs in pursuing this matter and would also like to offer compensation for the trouble caused.

I hope that this can be agreed and once again offer my sincerest apologies for my mistake.


If anyone has any advice re this letter then I would be very grateful. Thank you again so much for your kind help.
--- old post above --- --- new post below ---
Hi, so sorry to post again but would anyone be so kind as to read our draft letter and let me know what you think? Any help at all would be really appreciated. Thanks
 

revenueadvice

Member
Joined
17 Dec 2012
Messages
74
I would offer the cost of the fare plus £150 as an initial offer (maybe enclose a cheque?)..The tone of your letter is good, accepting responsibility is always a good start.

Please wait for other responses before sending your letter though as others may have more advice!
 

Bd1979

Member
Joined
29 Jan 2013
Messages
7
Thank you so much for your reply. We really appreciate your time and advice.
 

jb

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18 Dec 2011
Messages
369
I hope others can give more informed advice, but with respect to the above, I doubt that making a definite offer (let alone sending a cheque) is a very good idea. I think you first need to establish that a settlement might be possible at all.

Furthermore, others will hopefully advise but the precise wording concerning what you're offering may be significant. For instance, I think the word "costs" is OK but I'm less sure about using the word "compensation".
 

island

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Joined
30 Dec 2010
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17,907
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I agree. A form of words that might be useful is "I would like to settle this matter by paying the fare plus a sum in respect of your administrative costs to date, and would be grateful if you could indicate an amount which you would accept in this respect".
 

michael769

Established Member
Joined
9 Oct 2005
Messages
2,007
If the original letter mentions what costs they plan to seek then that amount plus the fare can be offered. If no amount is mentioned then an offer to discuss an amount with them is a better idea.

Do not send a cheque until agreement has been reached, while no ToC would deliberately bank the cheque without accepting the offer - mistakes can and sometimes do happen.
 

Bd1979

Member
Joined
29 Jan 2013
Messages
7
Thank you all so much for your advice, which is really appreciated. The letter said that if it went to court they would seek to recover £150 towards their costs. Not sure if this is a standard paragraph or whether this is how much they are looking for IF they allow us to settle out of court.
 

Bd1979

Member
Joined
29 Jan 2013
Messages
7
Thank you all for your advice. Thankfully Northern Rail are agreeable to settling this by means of a fixed penalty notice plus the fare outstanding. Needless to say we are very relieved and very grateful.

Thank you again, your advice has been invaluable.
 
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