GWR - Interview under Caution

[Defoe306]

Hello everyone,

Yesterday I boarded a train from slough to Paddington using a 16-25 railcard. On competition of my route I was asked to produce the railcard but could not as phone was dead. I communicated that I do have a railcard but cannot produce it. I was taken aside and interviewed under caution and told I would receive a letter from prosecutions. To make matters worse coming home I've released my railcard is 10 days out of date.. Ive since renewed my railcard.


In my career I really cannot face a criminal prosecution and this was very much a honest mistake on my part but take responsibility for it. What is the process ?? when can I expect a letter from GWR and what is the best course of action to avoid a possible conviction?

as a first time offence am I likely to receive a settlement offer??

 

[Fawkes Cat]

Welcome to the forum

The most likely procedure is that GWR will write to you in the next few days or weeks (although it could take up to six months). They will say that someone giving your details was travelling without a valid railcard, and ask if there is anything you want to tell them. It's possible that the letter will look as if they have already decided to prosecute, but read it closely - it will almost certainly amount to an invitation to give your side of the story, so don't panic.

Once you get this letter, you need to respond: @Hadders has some excellent advice which he gives to people who get letters such as this: you can see a recent example at https://www.railforums.co.uk/threads/ive-been-silly.225766/post-5437023. Clearly you will need to explain that you accept that you didn't have a valid railcard, and it would be sensible to explain that you now have one to help you avoid making the same mistake again.

As to whether you will be able to settle this out of court - my understanding is that in general, GWR's approach to one-off mistakes is to allow this. You might want to look at their policy on this at https://www.gwr.com/~/media/gwr/pdf...licy/revenue-protection-policy-2020.pdf?la=en, looking in particular at page 11, 'What could happen if you do not pay your fare':

We’ll do our best to settle out of court. Prosecution can have serious consequences on your personal and professional life. So, if you don’t pay your fare, we will do everything we can to avoid taking you to court. We’ll probably send you an offer to settle out of court – usually asking you to pay an amount to cover your fare and our costs.

 

[Defoe306]

Thank you for your thoughtful reply and welcome.

I can see the policy of GWR and that offers some relief as I acknowledge I'm in the wrong here completely. Is it worth contacting them directing and trying to settle before they contact me?

I've purchased a new Railcard and have it on my phone from now onwards.

 

[Haywain]

Is it worth contacting them directing and trying to settle before they contact me?

No, it's best to wait so that your letter goes to the right people, with the right reference on it.

 

[WesternLancer]

Thank you for your thoughtful reply and welcome.

I can see the policy of GWR and that offers some relief as I acknowledge I'm in the wrong here completely. Is it worth contacting them directing and trying to settle before they contact me?

I've purchased a new Railcard and have it on my phone from now onwards.

Also set up your diary to remind you when it expires. This will allow you (when you reply to the letter they will send you) to state along lines of
'Genuine mistake, very sorry, have taken immediate steps to ensure it does not happen again by purchasing a new railcard and ensuring I am reminded of the expiry date in future'.

They may check to see if you have made other journeys with a railcard discount in the 10 days since it expired, so you may want to check that yourself as you may want to offer to pay for correct tickets for any occasions concerned (with luck you won't have traveled and tried to use it in the last 10 days so this will not apply).

Feel free to head back here for more advice on your reply when you get the letter from GWR.

Good luck. Hopefully won't be too difficult to resolve.

 

[Defoe306]

I'll check my journeys in the last 10 days , thank you. Would that be E tickets or tickets from a physical machine ?

 

[WesternLancer]

I'll check my journeys in the last 10 days , thank you. Would that be E tickets or tickets from a physical machine ?

any ticket you bought in that time period for which you got a railcard discount (as I guess in theory if you bought with a bank card from a Ticket Vending machine they may be able to track it). Unless you buy tickets from machines with cash I'd think it was trackable. Whether they are going to bother to dig into that for what looks to me like a minor error of memory / your failure to bother to look at the date on your railcard (whichever they may see it as), I can't say.

Your line of argument to minimise this needs to be along lines of ' genuine mistake, v sorry, never intended to evade any fares, learned from my mistake, won't let it happen again'

If you find other instances where it happened you may wish to wait for them to find them too and accuse you/ask you about them, or you may wish to fess up and tell them...that is your call, but put yourself in their position, and think how they might react if they knew you had done this several times before.

BUT - try not to worry unduly - just a good time for you to check on the situation from your side as it were whilst you await a letter from them.