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GWR Pre-settlement offer

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Fawkes Cat

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Also, willing to just request an extension on the dealine so that I can think about this all. It's rather unreasonable to give me 21 days to discuss and pay, then to go on leave for a few days, return and then pre-pone the deadline!
It might be worth making a quick response pointing out the previous 17 December deadline, and asking if this can be reinstated while you consider your options. As you'll be asking for something from the railway, it is of course worth grovelling a little to get the time limit back, rather than standing on your dignity and grumbling about them having reduced the time limit.
 
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anonymousdxb

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It might be worth making a quick response pointing out the previous 17 December deadline, and asking if this can be reinstated while you consider your options. As you'll be asking for something from the railway, it is of course worth grovelling a little to get the time limit back, rather than standing on your dignity and grumbling about them having reduced the time limit.
Agreed. Maybe:

Dear X,

Minor point, but it is not that I am unable to provide evidence that I was not the person who travelled, it's that I'm unable to provide evidence of the railcard of the person who did travel.

Whilst I consider these points and how I would like to proceed, could you please reinstate the previous 17 December deadline? I'm not sure why the deadline has been brought forward, especially given your leave from the case.

Unfortunately, it is a shame that you are not able to engage with my offer at this stage, but I remain committed to engaging with this cooperatively and out of court.

Kind regards,
 

Fawkes Cat

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Dear X,

Minor point, but it is not that I am unable to provide evidence that I was not the person who travelled, it's that I'm unable to provide evidence of the railcard of the person who did travel.

Whilst I consider these points and how I would like to proceed, could you please reinstate the previous 17 December deadline? I'm not sure why the deadline has been brought forward, especially given your leave from the case.

Unfortunately, it is a shame that you are not able to engage with my offer at this stage, but I remain committed to engaging with this cooperatively and out of court.

Kind regards,

My approach would be to be less combative: you're asking the railway to do you a favour, so you don't really want to be seen to be challenging them. I'd go for something like

Dear X,

Thank you for your email of <date>. I note the points that you have made.

Whilst I consider these points and how I would like to proceed, could you please reinstate the previous 17 December deadline for me to respond? I remain committed to engaging with this cooperatively and out of court.

Kind regards,
 

AlterEgo

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Hi all. Again, huge thanks for all your support - I wish I could give you all something in return!

I saw this on the forum after I'd already requested deletion, unfortunately...

Agreed.

Focusing on Option 2 and responding to the question on this:
1) I think that my subsequent purchasing history will be rather like my old purchasing history, which is that it includes tickets for me and my friends/family with Railcards, some of which will be easy for me to prove and some of which won't be.
GWR appear to think there were no further 16-17 Saver or Network Railcard tickets purchased after you were caught. We know this because they pulled a spreadsheet of fares they considered suspicious and did not include any after the day you were stopped on the train.

I wonder if Trainline have retained that information and if they will give GWR this information.
They have, and will. Especially as the account has already had a GDPR request under prevention/detection of crime. There are many cases where the deletion of a Trainline account has resulted only in the customer blinding themselves to the data, but where agencies like the train companies or even the police have been able to freely access it. This notwithstanding, deleting your data immediately upon receipt of notification that you may be investigated for further offences (by having your data re-trawled) is not going to be a good look if this ends up in court, and a court may draw its own inference from that action.

I am very keen for an indemnity or for the other TOC fares to be waived, as I am genuinely concerned that paying the full £700 won't make it go away entirely, given the risk of double jeopardy from the other TOCs.
There is, *in practice* almost no risk involved at all. I do not think we have ever seen this happen in hundreds and maybe thousands of similar cases. TOCs do collect settlements on behalf of each other, it is how the industry operates. What is less clear is GWR's authority to *collect these at County Court* rather than settling out of court, which is the normal process.

Also, I would love to know if the Revenue Inspector is likely to withdraw the out-of-court settlement. In my view, they still have a responsibility to try to settle this out of court before issuing proceedings, and I have shown that I am willing to negotiate and settle, at least some of it.

Basically, if Revenue Inspector = court, then I would rather just pay, or offer another counteroffer. If Revenue Inspector = negotiation / settle for the same amount but with an indemnity, then I don't mind it going to them. Obviously, I know that nobody knows for certain, but I am just looking for probabilities.
The "Revenue Inspector" probably doesn't exist, and is just a cover name for a colleague to scare you.

However, given your profession is a regulated one and the risk of exposure is quite high, you are in a vastly riskier position than you think. Essentially you are negotiating over a difference of £400. If you pay it, the matter will go away. If you do not, you risk being taken to court, or perhaps worse, someone at the train company ratting on you to your employer or regulator (this has happened before with nurses, doctors, the police, and legal professionals).

This is the key question - is it worth paying £400 to avoid that risk? Or, would you prefer to enter into further risky legal disclosures which have the outcomes of either being taken to court, or just saving the £400.
 

johnny_t

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Personally speaking, I think you should just pay up now. You've managed to reduce it from the original 1100 quid, so this hasn't all been in vain. This will settle it, and the worry about other TOCs coming after you is almost certainly unfounded. Going into bat on this and GDPR points probably hasn't helped you at all.

I'd also stop buying tickets for anyone else. Its simple enough for anyone to do. Just keep things simple and legal, and you won't end up in this pickle again.
 

SuspectUsual

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I'd already requested deletion

since I didn't understand the gravity of the initial encounter with the inspector nearly 2 years ago, I can't say with certainty that this has always been the case for the last 2 years

These statements are a little troubling, I think

Look at them as a GWR revenue person might do:

1 - why did you delete your Trainline account, if other than to try and get rid of evidence? Surely even if you'd stopped using it, you'd just leave it dormant at first?

2 - why did it take recent developments to make you understand the gravity of the initial encounter? The inference there is that you didn't think it was a big deal and carried on as before, and the statement "I can't say with certainty......" reads like a backhanded admission of other wrongdoing over the last 2 years

(This isn't my personal view, obviously I have no skin in the game as the kids say these days, but it looks highly suspicious)
 

anothertyke

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There may not be a Revenue Inspector, but there will be a gateway in the process at which a file is passed from the 'in process of settlement, offer made' status to the ' prepare for legal action' status. My interpretation is that your case is just approaching that gateway. Irrespective of whether they give you until Dec 17 to pay, it is make your mind up time.
 

Titfield

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My interpretation is that your case is just approaching that gateway
Indeed and if it goes to court the OP may then feel it necessary to obtain legal representation which will cost far more than the "£400" difference.

As others have suggested it may be in the OPs interests to pay the sum requested before it becomes a very different ball game with potentially mich higher costs and reputational damage.
 

WesternLancer

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However, given your profession is a regulated one and the risk of exposure is quite high, you are in a vastly riskier position than you think. Essentially you are negotiating over a difference of £400. If you pay it, the matter will go away. If you do not, you risk being taken to court, or perhaps worse, someone at the train company ratting on you to your employer or regulator (this has happened before with nurses, doctors, the police, and legal professionals).

This is the key question - is it worth paying £400 to avoid that risk? Or, would you prefer to enter into further risky legal disclosures which have the outcomes of either being taken to court, or just saving the £400.
I think this post does get to a pretty important factor to weigh up for @sabrina.

Of course I think having to pay any money you don't believe you owe is not what anyone wants to do.

However

I think I only noted part way through the thread that the OP worked in or was seeking to work in the legal sector (I hope I have this correct, apols if not), which will bring with it higher requirements than many other jobs may have. Given the potential future earnings from such a job that I imagine exist, and I'd like to hope exist given the hard work, training and dedication that I imagine is involved in pursuing such a career, I wonder if the calculation to make is one that involves trading off a reduction in any future hassle, or even possible loss of earnings in a worst case scenario, vs not paying the sum now being demanded, and continuing to try to reduce it with potentially relatively unknown consequences of taking the latter course of action.

I do realise this is easy for me to say as I'm not faced with the request for payment.
 

anonymousdxb

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Basically, it sounds like everyone thinks that it's not worth letting it proceed to the Revenue Inspector, where I would make similar legal points that we have already discussed, which is slightly a shame because it would have been nice just to know what would have happened!

However, it sounds like everyone thinks at this point to just pay the £700, which I broadly agree with. I find it a bit unfortunate given the total spend on all TOCs was £352 in the first instance, so even if I paid for all the TOCs and reimbursed the (allegedly) incorrect 50% discount, it should still only be an additional £352, plus an admin fee...

But... agreed, it's probably not worth the mental anguish, possible effects to my legal career etc etc
Happy to help with refining a draft reply - please do check in with us before sending anything in a hurry.
Do I need to draft anything further or just go on the portal and pay it? I suppose I should tell them I've paid it.

1 - why did you delete your Trainline account, if other than to try and get rid of evidence? Surely even if you'd stopped using it, you'd just leave it dormant at first?
As an aside, I get that deleting Trainline seems dodgy. I've been quite transparent that my purchasing history will be the same (mix of railcard and full-price tickets, of which some I can prove railcards for and some I might not be able to), so yeah, I just wanted to know that my liability would end at a certain point... I feel strongly that, despite individuals not always being squeaky clean, the way the railways conduct themselves is highly exploitative (inventing case law, deliberately intimidating people, inventing astronomical sums based on anytime single tickets, data trawling), and I just wanted this saga to be over.
2 - why did it take recent developments to make you understand the gravity of the initial encounter? The inference there is that you didn't think it was a big deal and carried on as before, and the statement "I can't say with certainty......" reads like a backhanded admission of other wrongdoing over the last 2 years
To be honest, and I appreciate that we might all have different opinions on this. On the occasion I was flagged, it was a genuine mistake (as we have laboured in previous threads), but I had always assumed that, whether a mistake or intentional, a ticket inspector finding that you do not have the appropriate ticket would be settled by paying a reasonable penalty. Since I have now heard from GWR, I have discovered that that isn't the case (based on the reasons above: immediate criminal record or astronomic settlement). On a moral level, I thought fare evasion was a low-level offence and was treated like parking offences: you pay a fine and move on with your life. Short-faring to me was the equivalent of occasionally parking in Tesco for 5 minutes without paying, or coming back to your car 15 minutes late - relatively low risk, and nobody is significantly harmed by it, though obviously not best practice, and you are accepting the risk of a ticket (not that I do this, but just as an equivalent). Obviously, now I know that the ramifications of railway offences are much more severe and the risk-reward is certainly not worth it (especially in regulated professions or where you need a US ESTA or security clearance etc etc)
 
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WesternLancer

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Basically, it sounds like everyone thinks that it's not worth letting it proceed to the Revenue Inspector and make the similar legal points that we have already discussed, which is slightly a shame because it would have been nice just to know what would have happened! However, it sounds like everyone thinks at this point to just pay the £700 - rather unfortunate given it was only a total spend of £352 in the first instance so even if I paid for all the TOCs and reimbursed the (allegedly) incorrect 50% discount, it should still only be an additional £352 even plus an admin fee would be £452.

But... agreed, its probably not worth the mental anguish, possible affects to my legal career etc etc

Do I need to draft anything further or just go on the portal and pay it? I suppose I should tell them I've paid it.
well I think if it were me I'd sleep on the options before making your final decision.
 

fandroid

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The 4th December deadline is Thursday. I suspect that that's there to put pressure on you, but the recent advice here has been to settle, so It's unclear what other avenues might become apparent. Sleep on it, but decide before Thursday.
 

Titfield

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The OP could decide to settle but then after the matter has been concluded raise a complaint though this may be somewhat undermined by the fact that a settlement was agreed to.

The whole issue of the impact of a criminal conviction and the costs of defending a case in court does discourage those who have not paid the full fare from defending themselves when the matter has elements of an honest mistake or they are not able to provide evidence to rebut claims (not withstanding that the burden of proof lies with the railway company).
 

johnny_t

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The OP could decide to settle but then after the matter has been concluded raise a complaint though this may be somewhat undermined by the fact that a settlement was agreed to.

The whole issue of the impact of a criminal conviction and the costs of defending a case in court does discourage those who have not paid the full fare from defending themselves when the matter has elements of an honest mistake or they are not able to provide evidence to rebut claims (not withstanding that the burden of proof lies with the railway company).
To be fair, the OP hasn't said it in so many words but I think, reading between the lines, there has been some (in their opinion) minor bending of the fare rules going on in at least some of the cases. I'd just leave well alone after paying it off. Though they may be feeling hard done by, I don't know how much of that feeling is truly justified.
 

anothertyke

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well I think if it were me I'd sleep on the options before making your final decision.

I agree with that, but if the decision is to pay, I would definitely send a mail notifying the contact at GWR that you have visited the portal and paid the £700.
 

anonymousdxb

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To address people's contributions -
I was waiting to pay until tomorrow based on others' advice, but yes, I'm not sure what will change in that time. I feel that literally everyone (on here and in my real life) thinks that I should just pay it at this point, so not doing so would feel a bit stupid.

Regarding the 'unfairness' - I think that 2 wrongs don't make a right. Despite genuine errors and/or rule-breaking, I don't think that GWR's policies, which they apply to everyone, are fair. Plus, even if wrongdoing had been established, I don't think an additional £700 is proportional in relation to £350 worth of journeys. But my argument has fallen on deaf ears, and as everyone has pointed out, it is probably not worth fighting anymore. However, I am very disappointed on behalf of any future victims of this deliberate exploitation, especially people who have made genuine errors in good faith (e.g. railcards that have been expired for a couple of weeks).
 

Watershed

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If it were me in your shoes I might be inclined to fight it, as I'm not the kind of person to accept unreasonable outcomes like you face here.

But clearly this has rattled you quite significantly and you have the SRA on your 'neck' that might take a dim view of any Court proceedings. In fact they could do so notwithstanding any out of Court settlement, if they were to find out about this - I think that is something you would do well to clarify before making a final decision. That does shift the balance more in favour of settling out of Court, even if that costs more than what you might be forced to pay in Court.

I wouldn't see the risk of the "Revenue Inspector" getting involved as material, unless there are important details you haven't shared with us. It is little more than a negotiating tactic.
 

anonymousdxb

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If it were me in your shoes I might be inclined to fight it, as I'm not the kind of person to accept unreasonable outcomes like you face here.

But clearly this has rattled you quite significantly and you have the SRA on your 'neck' that might take a dim view of any Court proceedings. In fact they could do so notwithstanding any out of Court settlement, if they were to find out about this - I think that is something you would do well to clarify before making a final decision. That does shift the balance more in favour of settling out of Court, even if that costs more than what you might be forced to pay in Court.

I wouldn't see the risk of the "Revenue Inspector" getting involved as material, unless there are important details you haven't shared with us. It is little more than a negotiating tactic.
This is a good point. I do have some 'fight' left in me, but I'm just concerned because everyone around me is suggesting that fighting any more is stupid. I am obviously not squeaky clean in this whole mess, but the settlement is rather out of proportion.

I emailed the SRA about it 5 days ago, and they haven't responded yet. Their service time is 5 working days, so I suppose they will get back to me in a couple of days. Perhaps it is worth my asking to extend the deadline then so that I can find out what the SRA say.

The details are exactly as described, but my difficulty proving some of the railcard use will persist after the relevant period, so that does, again, leave me with less leverage.

@Watershed, I would love to know what you would do and what you would respond with. So far, I have not responded to their previous email, nor have I paid anything. I have nothing drafted, really. And I am desperate to know what the view and purpose of the Revenue Officer is. Do let me know soon if you have the time, as the deadline is inching closer! Again, hugely appreciative of your advice, and everyone else's!
 

WesternLancer

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If it were me in your shoes I might be inclined to fight it, as I'm not the kind of person to accept unreasonable outcomes like you face here.

But clearly this has rattled you quite significantly and you have the SRA on your 'neck' that might take a dim view of any Court proceedings. In fact they could do so notwithstanding any out of Court settlement, if they were to find out about this - I think that is something you would do well to clarify before making a final decision. That does shift the balance more in favour of settling out of Court, even if that costs more than what you might be forced to pay in Court.

I wouldn't see the risk of the "Revenue Inspector" getting involved as material, unless there are important details you haven't shared with us. It is little more than a negotiating tactic.
To me this depends on one’s ’appetite for risk’ as well as what’s at stake. And what’s at stake for the sum involved.
 

Titfield

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To me this depends on one’s ’appetite for risk’ as well as what’s at stake. And what’s at stake for the sum involved.

IMHO the majority of the experienced forum members consider that the settlements offered often have "unfair" elements be that (and it does seem to vary somewhat): not making any allowance for fares paid, charging the full anytime single fare and not showing some tolerance for expired railcards by a short time though how much tolerance yo be shown of course then becomes a debatable item. The admin fees do seem very high but having said that many occupations where a charge out rate is charged are indeed high.

Cases such as yours where (a) the sums involved are high (b) the individual works or wishes to work in a regulated industry are very challenging indeed.

As much as I believe that unfairness / unreasonable outcomes should be challenged, in these cases I think that you have to see the big picture. Even if you believe yourself to have acted 100% correctly (and often we see that sadly a genuine mistake has been made that has triggered the issue) or you are unable to prove that you have acted 100% correctly there is a risk that a very minor infraction would cause the case to go against you in a court of law and all that entails.

As is often said on this forum, better to take it on the chin than risk the much greater consequences to your career of a negative outcome.
 

Watershed

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Do we think, then, that nothing good can come of it being escalated to the Revenue Inspector?
I don't think this escalation is something to worry about specifically. It is more about what could happen if it goes to Court. Like I've said before, I don't perceive that as a huge risk - the costs that can be awarded at Small Claims Track are quite limited - but it is something you would have to take time and effort on, if you want to defend yourself effectively.
 

furlong

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Do we think, then, that nothing good can come of it being escalated to the Revenue Inspector?
I don't understand. It's a long thread but isn't it out-of-time for prosecution? So whatever internal shenanigans they play regarding who-does-what makes no difference to you. If they bring a civil case that just takes you towards the final step of deciding independently the actual amount of money that is due when negotiations between the two parties involved have failed. As long as you pay the amount decided in a timely manner you won't have a recorded CCJ or be declared bankrupt, so what does it matter?
 

johnny_t

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Just my opinion, but if:

a) You are confident that you have done nothing wrong, and that your situation just 'looks bad' AND if you can deal with the consequences of things not going your way in court AND have the time to devote to it then by all means fight it

or:

b) You have done something wrong, and know it, but feel peeved at being rumbled and the amount of money that you are having to pay to make it go away, I would just pay it in your situation as you have a lot to lose. Maybe make an internal vow to help someone fight their case in the future, but I think that keeping digging at this point is a bad idea. Remember, no-one else on here is going to suffer if you lose.
 

anonymousdxb

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@Watershed, as one of the only people who thinks it's worth fighting still, what would you respond to their latest email? Should I just ignore all the legal stuff and give one more counteroffer?
I don't understand. It's a long thread but isn't it out-of-time for prosecution? So whatever internal shenanigans they play regarding who-does-what makes no difference to you. If they bring a civil case that just takes you towards the final step of deciding independently the actual amount of money that is due when negotiations between the two parties involved have failed. As long as you pay the amount decided in a timely manner you won't have a recorded CCJ or be declared bankrupt, so what does it matter?
Yeah, this is just regarding negotiation strategy re civil claim. I just obviously don't want it to go to court due to the costs and time involved, only to save a couple hundred quid at best (as everyone else keeps pointing out as well)
b) You have done something wrong, and know it, but feel peeved at being rumbled and the amount of money that you are having to pay to make it go away, I would just pay it in your situation as you have a lot to lose. Maybe make an internal vow to help someone fight their case in the future, but I think that keeping digging at this point is a bad idea. Remember, no-one else on here is going to suffer if you lose.
I am obviously this one, and that's why I was heavily leaning towards just paying it, but then a lawyer in my personal life and @Watershed are making me consider another counteroffer/final attempt at negotiation .... I don't know how or what that would look like though (e.g. I could just say: "offer of £400 and I can pay EoD, and see what they say")
 

furlong

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I just obviously don't want it to go to court due to the costs and time involved,
"obviously"? This isn't a criminal court where you're in the dock. It's just a civilised negotiation through a process consisting of a sequence of steps which largely consists of paperwork. A formalised version of what you've already been doing, basically. They might even not bother if they think it's more effort than it's worth and you can still throw in the towel later and pay up if you decide it's too much trouble.
 

Watershed

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If you do not want to go to Court, I would accept the settlement now rather than potentially delaying the inevitable.

If you know you have enough 'fight' in you to defend it in Court, I would respond as follows (I toned it down a little from my first draft!):
Dear [GWR person],

Thank you for your email.

As previously explained, I have provided all evidence reasonably available to me relating to the tickets that were purchased for other individuals. Much of the historical evidence that might have existed is no longer available due to the amount of time you have taken to contact me, and I am not able to compel friends and family members to supply the records you are asking for.

I appreciate your position, but it is important to note that the burden of proof in any civil claim rests with the claimant. The fact that a ticket was purchased through my Trainline account is not, in itself, evidence that I personally made each of the journeys you are attributing to me - given that tickets are transferable and can be bought on behalf of others under the NRCoT. The NRCoT only require the passenger to show a Railcard - not the person buying tickets. Should the matter proceed to Court, I would rely on this point together with the other defences raised in my previous correspondence.

I understand from your email that a Revenue Inspector may be in touch, and I remain willing to engage constructively with them. I reiterate my previous settlement offer, should you choose to accept it.

I look forward to hearing from you or your colleague.

Yours sincerely,

[Sabrina]
 

anonymousdxb

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If you do not want to go to Court, I would accept the settlement now rather than potentially delaying the inevitable.

If you know you have enough 'fight' in you to defend it in Court, I would respond as follows (I toned it down a little from my first draft!):
Ah crap - I spoke to my lawyer friend on the phone and she convinced me to send the following, minutes before I saw your response.

Dear X,

Without prejudice save as to costs


My position regarding the legal points and losses suffered by GWR remain unchanged. However, in the interest of resolving this matter amicably and swiftly, I am prepared to make a one-time final offer of £400, which I can pay by the end of day (Tuesday 2 December).

I am hoping that we don't have to escalate this matter, given the time and costs associated with litigation, which will impact both sides. I remain committed to co-operation, in line with the Practice Directions.

Kind regards,
 

Watershed

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I wouldn't worry too much about it. Either they accept it, in which case you've made a considerable saving against the counterfactual ~£700 settlement. Or they refuse it and you're back to the £700 settlement or Court.

The only potential downside is that they could see this as an indication you don't think your arguments are very strong - i.e. that you are playing a "weak hand".
 

anonymousdxb

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@Watershed Unfortunately no luck. I guess I should just pay it now before it goes any further.
Thank you for your email. I am unable to accept your counter offer, you have to date been unable to provide evidence that you were not the person that travelled using tickets purchased on your Trainline account with a 16-17 saver Railcard, therefore, the outstanding amount due for tickets identified remains at £706.20, which comprises of £619.20 for outstanding fares at Anytime Fare rate for dates of travel and £90.00 administration charge that is applied to all cases reported to our office. As previously advised, when calculating our settlement offers, we apply the Anytime Single fare for each journey undertaken. In accordance with the National Rail Conditions of Travel, we are unable to offer any discounted fares, such as Railcard discounts, advanced fares, return or off-peak fares
 
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