Govia Thameslink Intent to Prosecute letter.

[pascallouison]

Hi all, I would really like some advice please. My partner has had a fare evasion incident where she had an incorrect railcard on her ticket. She gave her details to the revenue officer and we have received the letter of intent to prosecute with the option to return that letter with an explanation of what happened. in summary, she accepted full accountability for the mistake and expressed how silly it was and profusely apologised. She has also requested for the possibility that we can settle outside of court. We have send this letter back and its been 10 days now. She is getting more and more anxious as time goes on and is now worried that shes gonna go court or even go prison. There isn't much online for me read about if these cases actually get that serious or what are the possibilities we will actually go court considering how cooperating we have been. I've also been trying to find out how long they take to respond that letter as i believe the waiting it also playing a big part in the anxiety. She has also since purchased the correct railcard. Thanks all.

 

[Hadders]

Welcome to the forum!

You partner will not be going to prison for this.

Train companies deal with thousands of cases like this at any one time, they will respond but can take a few weeks.

Which train company are you dealing with. Train companies will normally offer an out of court settlement for this sort of thing as long as you do-operate with them and haven’t come to their attention before.

 

[pascallouison]

Welcome to the forum!

You partner will not be going to prison for this.

Train companies deal with thousands of cases like this at any one time, they will respond but can take a few weeks.

Which train company are you dealing with. Train companies will normally offer an out of court settlement for this sort of thing as long as you do-operate with them and haven’t come to their attention before.

Hi Hadders thank you for responding, Were dealing with Govia Thameslink railway. I have read that companies can offer an out of court settlement hence why we have requested this. If this does happen and they do offer an out of court settlement, will this be something that would come up on a DBS check or will it have to be declared as a conviction. This is also another worry as well as the possibility of appearing in court. The letter was titled intent to prosecute and had the list of potential outcomes like prison, fine of £1000, community service etc. The way they have written this letter is very intimidating and worrying. They make it sound like they want to give one of these punishments out which is causing a lot of stress for my partner and I. She was very apologetic when writing the response and took full responsibility no contest at all. I hope they do offer they out of court settlement.

 

[Hadders]

The letters train companies send deliberately use threatening language to get your attention.

As long as you co-operate and haven’t come to their attention before I expect GTR will offer you an out of court settlement.

Paying an out of court settlement is not a criminal conviction (only a court can convict you) and a settlement does not appear on a DBS check.

 

[pascallouison]

The letters train companies send deliberately use threatening language to get your attention.

As long as you co-operate and haven’t come to their attention before I expect GTR will offer you an out of court settlement.

Paying an out of court settlement is not a criminal conviction (only a court can convict you) and a settlement does not appear on a DBS check.

Ahh i thought as much as to why they use that language.

She hasnt come to their attention before no however there was an instance a few weeks after this one where she was in a rush and the barriers was open at her station so she ran onto the train as it was on the platform and she didnt want to miss it and as she was getting settled and was in the process of buying a ticket on her phone a Revenue officer came again and this time however offered her a fine instead of taking her details which she paid off as soon as she got home. Will this play a part in deciding whether to offer an out of court settlement.

I really appreciate all your help, I just have one last question currently, one of her main worries is she thinks she will be taken to court and will have to make an appearance. In your professional opinion taking they above also into consideration, how often do you know these cases as minor as they are ending up in court room considering how corporative she has been and has offered to pay any admin costs and fees and the full fare etc.

Thanks again for your help

 

[Fawkes Cat]

She is getting more and more anxious as time goes on and is now worried that shes gonna go court or even go prison.

Just to pick up on this point: there are essentially two charges that can be brought for not paying your train fare. One of them is under the railway byelaws and the only punishment allowed for that is a fine. The other is under the Regulation of Railways Act: the law does allow prison, but the courts have to follow ‘sentencing guidelines’ - and those guidelines say that the only punishment allowed is a fine.

So your partner will not be going to prison.