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Hello, my son was recently stopped by West Midlands Trains at Birmingham New Street having purchased a ticket from Birmingham International for £5.00. He foolishly had the railcard option activated on his trainline app and panicked when they questioned him stating he owned one (and was quickly caught out when they asked what colour it was). He didn't realise the seriousness of this matter and has now received the below email. He really cannot afford to be prosecuted as it will affect his career prospects. Can anybody please advise the correct course of action to take to prevent this please, is it worth replying to the email admitting liability, apologising, saying it won't happen again, that he's learnt his lesson and is willing to pay outstanding costs and fine incurred as a result? Please help, I'm considering instructing a Solicitor that has experience in these matters to prevent what could potentially ruin my sons life should this matter be taken all the way.
Dear Customer,
We have recently been handed a file relating to an incident on the 19th April 2025 when approached by staff carrying out their revenue duties, you were asked to show your valid ticket you offered a ticket with a railcard attached and were unable to present your railcard, therefore you would not have been eligible for the discounted rate.
You were interviewed under caution.
West Midlands Trains take travel fraud seriously and are 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, as such, a single offence carries a maximum fine of £1,000 and/or three months’ imprisonment and, a criminal record.
Consideration will be taken as to whether this matter amounts to a much more serious offence under the Fraud Act 2006, in particular ‘Fraud by false representation’.
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.
Hello, my son was recently stopped by West Midlands Trains at Birmingham New Street having purchased a ticket from Birmingham International for £5.00. He foolishly had the railcard option activated on his trainline app and panicked when they questioned him stating he owned one (and was quickly caught out when they asked what colour it was). He didn't realise the seriousness of this matter and has now received the below email. He really cannot afford to be prosecuted as it will affect his career prospects. Can anybody please advise the correct course of action to take to prevent this please, is it worth replying to the email admitting liability, apologising, saying it won't happen again, that he's learnt his lesson and is willing to pay outstanding costs and fine incurred as a result? Please help, I'm considering instructing a Solicitor that has experience in these matters to prevent what could potentially ruin my sons life should this matter be taken all the way.
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To be clear, he was travelling from Birmingham International to Birmingham New Street.
Firstly how old is you son? TOCs do not prosecute minors.
Secondly this type of issue can usually be settled out of court and does not require the services of a solicitor.
Thirdly. Please follow the advice below.
From the advice which expert forum member @Hadders gives in cases such as this, adapted for your circumstances.
Travelling without a valid ticket is a criminal offence and the Train Operating Company are entitled to prosecute you in the Magistrates Court if they want to. Generally speaking most Train Operating Companies are normally reasonable to deal with and will normally offer an out of court settlement in cases like this as long as you co-operate with them, and haven't come to their attention before. A ticket with a railcard discount applied when not holding the appropriate railcard renders the ticket invalid.
I suggest 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
If you are offered an out of court settlement expect to have to pay the outstanding fares at the full Anytime rate, with no credit given for the invalid tickets you purchased in addition to an admin fee, typically £150. The train operating company will search your online ticket purchasing history to see if you have done this before and if this indicates you have done this before they will factor in the cost of these journeys into the settlement fee.
Paying a settlement might feel like paying a fine but technically it isn't. Only a court can impose a fine as a punishment upon conviction so you don't want to pay a fine, you want to pay a settlement!
Please post a redacted copy of the letter from the TOC in this thread, along with your draft reply, and forum members will proof read it for you.
Do not use AI to write the letter as such letters invariably sound insincere. You do not have to give or explain the reasons for purchasing a child fare as it is understood to be saving money for one reason or another.
EDIT
Fraud by misrepresentation has a very high bar for a prosecution to be sucessfull. Many would state that such a prosecution is not appropriate in the circumstances of obtaining a railcard discount when such a card was not held or was invalid.
Thank you so much for your reply, my son is not a minor (although as his Mum, I still treat him as such lol). Could you please take a look at the below draft response to see if it's ok. I welcome any advice you offer and will make any suggested amendments:-
Apology and Request for Settlement – Fare Evasion Incident
Dear Sir/Madam,
I am writing in response to the recent communication I received regarding my journey on …. from Birmingham International to Birmingham New Street, during which I was found to be travelling on a discounted ticket that required a valid Railcard, which I did not hold.
I would like to express my sincere and unreserved apology for my actions. I fully accept that I made a serious error by selecting the Railcard discount when I was not entitled to do so, and I am deeply sorry for the dishonest response I gave when questioned by your staff. I acted out of panic and embarrassment, and I now realise how wrong and foolish that was.
This was a moment of very poor judgement and I take full responsibility. I did not understand the seriousness of the situation at the time, but I now realise the potential legal implications of what I did. I am extremely remorseful and deeply regret any inconvenience or concern my actions may have caused.
This incident has been a significant wake-up call for me.. I now understand the importance of acting with honesty and integrity at all times and will carry this lesson with me going forward. It has made me far more aware of the responsibilities I have as a passenger and as a member of the public.
I am especially concerned about the long-term impact this could have on my future. I am at the beginning of my career and a criminal record would severely affect my prospects. I can assure you this will never happen again.
If it is at all possible, I would be extremely grateful for the opportunity to resolve this matter without it going to court. I am fully prepared to pay the outstanding fare, any administrative charges, and a reasonable fine to settle the matter. I hope you can consider this request as a genuine effort to make amends.
Once again, I am truly sorry for my actions and for breaching the trust placed in passengers. I appreciate your time and consideration in this matter.
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My son did not receive a letter as such, he received an email which I have copied into my original post. I have
Firstly how old is you son? TOCs do not prosecute minors.
Secondly this type of issue can usually be settled out of court and does not require the services of a solicitor.
Thirdly. Please follow the advice below.
From the advice which expert forum member @Hadders gives in cases such as this, adapted for your circumstances.
Travelling without a valid ticket is a criminal offence and the Train Operating Company are entitled to prosecute you in the Magistrates Court if they want to. Generally speaking most Train Operating Companies are normally reasonable to deal with and will normally offer an out of court settlement in cases like this as long as you co-operate with them, and haven't come to their attention before. A ticket with a railcard discount applied when not holding the appropriate railcard renders the ticket invalid.
I suggest 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
If you are offered an out of court settlement expect to have to pay the outstanding fares at the full Anytime rate, with no credit given for the invalid tickets you purchased in addition to an admin fee, typically £150. The train operating company will search your online ticket purchasing history to see if you have done this before and if this indicates you have done this before they will factor in the cost of these journeys into the settlement fee.
Paying a settlement might feel like paying a fine but technically it isn't. Only a court can impose a fine as a punishment upon conviction so you don't want to pay a fine, you want to pay a settlement!
Please post a redacted copy of the letter from the TOC in this thread, along with your draft reply, and forum members will proof read it for you.
Do not use AI to write the letter as such letters invariably sound insincere. You do not have to give or explain the reasons for purchasing a child fare as it is understood to be saving money for one reason or another.
EDIT
Fraud by misrepresentation has a very high bar for a prosecution to be sucessfull. Many would state that such a prosecution is not appropriate in the circumstances of obtaining a railcard discount when such a card was not held or was invalid.
Thank you so much for your reply, my son is not a minor (although as his Mum, I still treat him as such lol). My son did not receive a letter, just an email which I will paste below. Could you also please take a look at the below draft response to see if it's ok. I welcome any advice you offer and will make any suggested amendments, thank you once again, it's truly appreciated:-
Dear Customer,
We have recently been handed a file relating to an incident on the .. April 2025 when approached by staff carrying out their revenue duties, you were asked to show your valid ticket you offered a ticket with a railcard attached and were unable to present your railcard, therefore you would not have been eligible for the discounted rate.
You were interviewed under caution.
West Midlands Trains take travel fraud seriously and are 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, as such, a single offence carries a maximum fine of £1,000 and/or three months’ imprisonment and, a criminal record.
Consideration will be taken as to whether this matter amounts to a much more serious offence under the Fraud Act 2006, in particular ‘Fraud by false representation’.
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.
Apology and Request for Settlement – Fare Evasion Incident
Dear Sir/Madam,
I am writing in response to the recent communication I received regarding my journey on …. from Birmingham International to Birmingham New Street, during which I was found to be travelling on a discounted ticket that required a valid Railcard, which I did not hold.
I would like to express my sincere and unreserved apology for my actions. I fully accept that I made a serious error by selecting the Railcard discount when I was not entitled to do so, and I am deeply sorry for the dishonest response I gave when questioned by your staff. I acted out of panic and embarrassment, and I now realise how wrong and foolish that was.
This was a moment of very poor judgement and I take full responsibility. I did not understand the seriousness of the situation at the time, but I now realise the potential legal implications of what I did. I am extremely remorseful and deeply regret any inconvenience or concern my actions may have caused.
This incident has been a significant wake-up call for me.. I now understand the importance of acting with honesty and integrity at all times and will carry this lesson with me going forward. It has made me far more aware of the responsibilities I have as a passenger and as a member of the public.
I am especially concerned about the long-term impact this could have on my future. I am at the beginning of my career and a criminal record would severely affect my prospects. I can assure you this will never happen again.
If it is at all possible, I would be extremely grateful for the opportunity to resolve this matter without it going to court. I am fully prepared to pay the outstanding fare, any administrative charges, and a reasonable fine to settle the matter. I hope you can consider this request as a genuine effort to make amends.
Once again, I am truly sorry for my actions and for breaching the trust placed in passengers. I appreciate your time and consideration in this matter.
What you've written looks ok to me. Couple of things:
- It needs to come from your son (nothing wrong with you writing it for him but he needs to sign it
- WMT will probably search his online ticket purchasing account and if this shows purchase of other railcard discounted tickets they will want to factor the cost of these journeys into the settlement fee.
What you've written looks ok to me. Couple of things:
- It needs to come from your son (nothing wrong with you writing it for him but he needs to sign it
- WMT will probably search his online ticket purchasing account and if this shows purchase of other railcard discounted tickets they will want to factor the cost of these journeys into the settlement fee.
Yes I believe they will and he is fully prepared to pay for any journeys he's made (which are thankfully local), he will be sending the email himself. Thank you Hadders, you've really helped ease my mind
I think this should be “these were two moments…..” ie one buying the wrong ticket and a second lying about it. Shouldn’t make a difference to the outcome but you may as well get it accurate
Fraud by misrepresentation has a very high bar for a prosecution to be sucessfull. Many would state that such a prosecution is not appropriate in the circumstances of obtaining a railcard discount when such a card was not held or was invalid.
I have heard from a very trusted source, who for very good reasons cannot post themselves, that this may not be accurate. Whilst one occasion would almost certainly be dealt with as fare evasion, repeated attempts to represent that a railcard was held when this was not true could indeed be treated as fraud. It may be unlikely, but not impossible.
OP: If this is the first time your son has come to the railways attention and he co-operates fully, the likelihood is that an out of court settlement will be reached. The main intention here is to ensure that he doesn't repeat the crime in the future.
I have heard from a very trusted source, who for very good reasons cannot post themselves, that this may not be accurate. Whilst one occasion would almost certainly be dealt with as fare evasion, repeated attempts to represent that a railcard was held when this was not true could indeed be treated as fraud. It may be unlikely, but not impossible.
This sounds feasible. What I find curious is that Trainline seem happy - enthusiastic even - to be grassing on their customers. Youngsters, particularly, will have no qualms in highlighting the Trainline brand as toxic through social media. And a customer lost is a customer lost for life.
PS I'm not condoning fare evasion, but it's the rail companies that need to fix it. However, it'll be fascinating to watch Trainline destroy itself.
This sounds feasible. What I find curious is that Trainline seem happy - enthusiastic even - to be grassing on their customers. Youngsters, particularly, will have no qualms in highlighting the Trainline brand as toxic through social media. And a customer lost is a customer lost for life.
PS I'm not condoning fare evasion, but it's the rail companies that need to fix it. However, it'll be fascinating to watch Trainline destroy itself.
This sounds feasible. What I find curious is that Trainline seem happy - enthusiastic even - to be grassing on their customers. Youngsters, particularly, will have no qualms in highlighting the Trainline brand as toxic through social media. And a customer lost is a customer lost for life.
PS I'm not condoning fare evasion, but it's the rail companies that need to fix it. However, it'll be fascinating to watch Trainline destroy itself.
This sounds feasible. What I find curious is that Trainline seem happy - enthusiastic even - to be grassing on their customers. Youngsters, particularly, will have no qualms in highlighting the Trainline brand as toxic through social media. And a customer lost is a customer lost for life.
PS I'm not condoning fare evasion, but it's the rail companies that need to fix it. However, it'll be fascinating to watch Trainline destroy itself.
Trainline won’t be going anywhere, many people seemingly have zero awareness of there being anywhere else to get their tickets from. Any booking engine will more than likely hand over customer booking information if requested by a TOC for investigation purposes, there is nothing remotely unusual about Trainline doing so.
Trainline are one of very few retailers who charge a booking fee on top of the ticket price; the TOC (Train Operator) booking sites don’t, but that doesn’t deter a huge number of people using Trainline. So handing over booking data for a tiny number of their customers probably won’t lead to them ‘destroying themselves’ either!
Trainline won’t be going anywhere, many people seemingly have zero awareness of there being anywhere else to get their tickets from. Any booking engine will more than likely hand over customer booking information if requested by a TOC for investigation purposes, there is nothing remotely unusual about Trainline doing so.
I don’t believe that’s true. My understanding is that some - perhaps many - third party retailers will not comply with this request, which in this case comes not from the police but from another private company.
Trainline has agreed to audit its customers transactions regularly and pass this on to train companies to combat fraudulent travel.
I don’t believe that’s true. My understanding is that some - perhaps many - third party retailers will not comply with this request, which in this case comes not from the police but from another private company
There could be two different types of request. One would be to hand over historic data for a named individual who was under investigation. Another would be to make all the data available so that particular speculative queries could be investigated. Use of a 16-17 railcard for more than a couple of years would be one such example. Another might be tickets purchased beteen notorious short fare stations.
Which of course may be legitimate since one can buy tickets for other people.
Perhaps ticket purchases should now come with a warning that if you do anything which could look dodgy that you should retain some evidence indefinitely to use in your defence?
A parent could easily make such purchases for 4,5,6,7 years.
The industry's attitude that every customer is a fare dodger who hasn't been caught yet is intensely irritating, particularly for those of us attempting to do the right thing despite unhelpful staff and useless TVMs/websites.
But that would be easily explainable. I bet you find that the vast majority of people who such a trawl picks up will have no such explanation to give, typically because they do not have children of that age who hold such a railcard.
Trainline have a commercial imperative to do this. Everyone who claims a discount to which they have no entitlement is depriving Trainline of the commission they would receive for an undiscounted ticket.
Trainline have a commercial imperative to do this. Everyone who claims a discount to which they have no entitlement is depriving Trainline of the commission they would receive for an undiscounted ticket.
But the commission on a discounted ticket is more than that for no ticket, which is what they'll be getting when the "don't use Trainline they'll dob you in" message gets around.
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But that would be easily explainable. I bet you find that the vast majority of people who such a trawl picks up will have no such explanation to give, typically because they do not have children of that age who hold such a railcard.
Customers of companies don't expect to be randomly accused of fraud by that company, even when they have an easy explanation.
One TOC's ticket office even refused to sell a Hatton-Lapworth annual season to a forum member "because it's fraud" [that they were not going to use if for travel]. Sadly, nationalisation will make such attitudes worse since staff won't feel their jobs depend on customers spending money. Is there an industry that's worse for treating its customers so badly? I doubt it.
I don’t believe that’s true. My understanding is that some - perhaps many - third party retailers will not comply with this request, which in this case comes not from the police but from another private company.
Trainline has agreed to audit its customers transactions regularly and pass this on to train companies to combat fraudulent travel.
Interesting, and in that case I stand corrected! My assumption was that similar arrangements would exist with the TOCs’ own booking sites, as it would seem odd for them not to cooperate with one another?
We are aware of an issue with emails from the Forum to Microsoft-based email accounts (hotmail/outlook/live.com email addresses). This is being looked into currently, thanks for your patience meanwhile.
