Govia Intention to Prosecute Letter

[dstan149]

Hi, I was caught without a ticket for my journey a couple of months ago and just received an intention to prosecute.

The facts are the facts, but I wanted some advice about my response. There are factors that (for me at least) explain my poor decision, but I'm not sure the train company would care. So..

I'm 45 and one of my best friends passed away a few months before. The day in question I'd had a tattoo done to commemorate him, I was listening to one of his favourite albums, on the way to the football where I used to meet him and my phone was low on battery and on airplane mode.

I didn't tap in at New Southgate at got on the train. Then when on the train I realised this. I got off at the next stop to try to tap in, but my phone didn't register. I got back on the train, saw an inspector and panicked a bit and did the same thing at the next station - running down the platform to get to the ticket machine. Again it didn't work so I got on the train and walked towards the inspector to say what had happened and try to explain the situation.

How much if any of the above should I include?
Should I just say that yes I was on the train without a ticket, I'm very sorry, I'll never do it again and I'd be keen to come to arrangement.

Thanks

 

[Pushpit]

I don't think the specifics will make a lot of difference, you will almost certainly be offered an out of court settlement, and in the £150-£200 area. I think you can summarise the first set of sentences as "going through a bereavement" rather than the specifics of tattoos and football, and merely to demonstrate this wasn't a systematic process you have to avoid paying your fare. I would say your strongest mitigation was that you (a) first tried to mitigate the issue by getting a ticket and then (b) you went to the inspector, rather than vice versa, that certainly should be mentioned. I don't think it will make much difference other than there were one or two other recent GTR cases where it seems those in GTR could detect quite accurately when someone was being completely honest and remorseful. And tailored the GTR response accordingly. So do it in your own words rather than using AI or recycling someone else's reply.

 

[Hadders]

Welcome to the forum!

I am sorry to hear about the passing of your friend and the difficulties you have been having.

I would write a short, concise reply to the letter mentioning the following points:

- 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

GTR are one of the 'better' train companies to deal wityh when it comes to this sort of thing and if you co-operate with them I expect you will be offered an out of court settlement, unless you have come to their attention before.

I would avoid going into lots of detail about excuses. The person reading the reply has to deal with hundreds of similar cases so something that gets swiftly to the point is probably best.

If you post a copy of your draft reply in this thread forum members will behappy to proof read it for you.

 

[dstan149]

This is my planned response. Any advice welcomed:

Thank you for your letter of the 12th June 2024 – reference XXXXXXXXX – and for offering me the opportunity to reply.

I can confirm that on the 23rd of April 2024, I was stopped without a valid ticket by a Revenue Protection Inspector shortly after leaving Hornsey station.

I had recently suffered a bereavement, which I believe affected my decision making. I also did not have my wallet with me and was reliant on my mobile phone for payment. I appreciate that these are not mitigating factors for travelling without a valid ticket for my journey, but they did contribute to the events.

I got on the train at New Southgate, without a ticket. Once the train had departed, I realised that I didn’t have a ticket and so I jumped off at the next station – Alexandra Palace – hoping to tap in. My phone wasn’t able to complete the purchase, so I regretfully got back on the train. When I got back on, I saw the ticket inspectors and panicked a bit because I didn’t have a ticket. I then jumped off at Hornsey and ran down the platform to the ticket machine, again hoping to tap in, but once more my phone wasn’t able to complete the purchase. At this point I got back on the train and walked towards the inspector to explain that I didn’t have a ticket, so that he could take whatever action was necessary.

I understand that it is my responsibility to always have a valid ticket for my entire journey and I am very sorry for travelling without having purchased one. I regret my actions entirely and will never board a train without the correct ticket in the future. I do not wish to contribute to the lost revenue that the rail industry experiences.

I offer my sincere apologies and ask if you would please consider resolving the matter without the need for court action. I am committed to covering any costs that GTR have incurred, as well as paying the outstanding fare.

I appreciate you taking the time to read this letter and I look forward to hearing from you

Yours sincerely

 

[30907]

I don't think you need the blow-by-blow account of your journey, as it doesn't alter the fact of boarding without a ticket - "I tried unsuccessfully twice to buy a ticket after beginning my journey" will cover it.

Otherwise it's fine, though I fear your personal circumstances will carry no weight.

 

[dstan149]

Thanks, I don't imagine my circumstances getting me off and I'm more than happy to pay a settlement, I just don't want the court action. As for the full detail of the journey, I included it because I didn't want them to think I was trying to double back on the inspector. But I did give a complete explanation when stopped so I'll cut it down a lot as you suggest.

Cheers

 

[oppp1092]

Welcome to the forum!

I am sorry to hear about the passing of your friend and the difficulties you have been having.

I would write a short, concise reply to the letter mentioning the following points:

- 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

GTR are one of the 'better' train companies to deal wityh when it comes to this sort of thing and if you co-operate with them I expect you will be offered an out of court settlement, unless you have come to their attention before.

I would avoid going into lots of detail about excuses. The person reading the reply has to deal with hundreds of similar cases so something that gets swiftly to the point is probably best.

If you post a copy of your draft reply in this thread forum members will behappy to proof read it for you.

If they have only talked about one incident in which they were alerted about, should you mention any other times you may have used the railcard without it being valid yourself? Or just ask for a out of court settlement?

 

[Hadders]

If they have only talked about one incident in which they were alerted about, should you mention any other times you may have used the railcard without it being valid yourself? Or just ask for a out of court settlement?

You should answer the questions they ask you. Ordinarily I wouldn't advise disclosing more information that they don't ask for because you are not required to incriminate yourself.

If you're asking questions because you need advice yourself then please start your own thread and forum members will be happy to offer advice. Thsi is because we only discuss one case in each thread to avoid causing confusion and experience has taught us that no two cases are ever the same, however similar they might seem to be at first.

 

[Pushpit]

Thanks, I don't imagine my circumstances getting me off and I'm more than happy to pay a settlement, I just don't want the court action. As for the full detail of the journey, I included it because I didn't want them to think I was trying to double back on the inspector. But I did give a complete explanation when stopped so I'll cut it down a lot as you suggest.

Cheers

I think you can simply drop the paragraph "I got on the train at New Southgate". It's very relevant to you, but not to the TOC, and the extra detail doesn't give you anything in the way of mitigation other than a ball-by-ball commentary on what happens when people panic. I'm sure the TOC is very familiar with that scenario. The halfway house here maybe to leave the first few sentences in, but then delete from "When I got back on". That way the letter is very punchy, short points in each paragraph, almost bullet point, and easy to read quickly.

That said, I don't think it hugely matters, overall it's a good letter and I very much hope it works out ok for you in the end.

 

[dstan149]

Hi all, thanks very much for the help. I received an OOC settlement letter today, see below, requesting that I pay £59.80, which I have done.

Very much relieved.

 

[notmyrealname]

That sounds like a good result and a relief for you. Thank you for letting us know.