Fare evasion - repeated

[JS2511]

I'd be really grateful for advice from one of the experts on this site. My daughter's friend has until 5 March to respond to a letter from Chiltern Rail (the letter did give 21 days but, although dated mid-Feb, arrived only on Friday).

She has been incredibly silly and bought a child ticket (she is 21+) for many journeys - using an app which means Chiltern Rail have been able to track her purchases and are listing 31 instances since late 2018.

On 21 December, 2019, at London Marylebone Railway Station, a Revenue Protection Inspector, working for Chiltern Railways, interviewed her under caution about a suspected ticketing offence. She had travelled by train between Beaconsfield Railway Station and London Marylebone.

Chiltern Railways have now sent a pre-court action letter - citing a total of 31 cases, all of which she would admit to.

She is young, about to finish her degree this year and keen to start in a professional role without a criminal record. Despite the many offences, is an offer of settlement worthwhile? Do we mark this "without prejudice" or not?

 

[Hadders]

Welcome to the forum. As I'm sure you have realised this is a serious matter and Chiltern have 31 instances so it isn't really a one off.

The best thing to do is to reply to Chiltern stating the truth. It also might be worth mentioning that you now realise this was wrong, that you are very sorry for what has happened and what you have learned from the incident. You could also suggest that you are keen to settle the matter and that you would be willing to pay the outstanding fares plus Chiltern's administrative costs in dealing with the matter.

Don't go into a sob story, they'll have heard it all before. Keep it concise and to the point.

There is no harm in asking for a settlement but it's up to Chiltern whether or not they offer one or proceed to court.

 

[cuccir]

We have seen people receive offers of out of court settlements for much higher amounts than will be owed in this case: for several months of season ticket-based fare evasion, for example, where many more than 31 journeies would have been made. Doesn't mean it will be offered here but it is worth requesting: it may be in Chiltern's interest too.

 

[30907]

A Regulation of Railways Act conviction (I assume this is likely) will be spent after a year, but may show on an Enhanced DBS.
Your daughter's friend should check with her chosen profession as to what criminal convictions might be an issue. Or indeed read some of the discussions on this forum.

 

[some bloke]

Your daughter's friend might consult a solicitor.

the letter did give 21 days but, although dated mid-Feb, arrived only on Friday

Perhaps Chiltern would be willing to extend the time, even without proof that the letter arrived late.