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Hello, I was travelling with what I hadn’t realised was an expired railcard, when I realised I tried to buy one with ticket inspector infront of me ofc I got caught out. The railcard expired some 5/6 weeks ago but I haven’t travelled much and hadn’t realised as my phone deleted the app as a space saver thing it does so I just genuinly didn’t realise.
The inspector lady interviewed me and asked if I had done it in the past I just said No cause I didn’t realise and it was all a shock and was just scared at the time but looking back I had another journey about a week after it expired so this would be my second with the train company, I fully accept my responsibility and it’s gonna cost me but I’m very scared of an actual prosecution and criminal record.
I wasn’t given a fine on the train as they said it was going to be investigated, how likely are they to still prosecute even if I offer out of court settlement
It isn't for you to offer an out of court settlement. The train operator will write to you to ask for your version of events. Might be worth you advising which train operator is involved here.
It isn't for you to offer an out of court settlement. The train operator will write to you to ask for your version of events. Might be worth you advising which train operator is involved here.
Please have a read of this thread and post the required information. It's very difficult for us to help you without knowing the full facts of the matter.
Trainman40083 is correct, you're not in a position to offer an out of court settlement. That's for the train operator to offer you if they see fit. However there is a process they will go through which has been documented in hundreds of other threads in this subforum, so take a little time and read through some of the other threads to get an idea of what's likely to happen.
Hello, I was travelling with what I hadn’t realised was an expired railcard, when I realised I tried to buy one with ticket inspector infront of me ofc I got caught out. The railcard expired some 5/6 weeks ago but I haven’t travelled much and hadn’t realised as my phone deleted the app as a space saver thing it does so I just genuinly didn’t realise.
The inspector lady interviewed me and asked if I had done it in the past I just said No cause I didn’t realise and it was all a shock and was just scared at the time but looking back I had another journey about a week after it expired so this would be my second with the train company, I fully accept my responsibility and it’s gonna cost me but I’m very scared of an actual prosecution and criminal record.
I wasn’t given a fine on the train as they said it was going to be investigated, how likely are they to still prosecute even if I offer out of court settlement
Further to the helpful advice already posted - this general advice often given on the forum will help you understand the situation and how things are likely to develop, and what you should do as things progress:
Firstly, you committed a criminal offence by travelling with an invalid ticket and railway companies are entitled to prosecute you in the Magistrates Court if they want to. The good news is they will normally offer an out of court settlement to people who co-operate with them and who haven't come to their attention before.
Next, what happens is the railway company will write to you. The letter will go to the address that you gave them / on any of your ID they checked so you need to be able to access hard copy post at that address as they often send things that way (but also check e-mail and spam). It is extremely important that you reply, and you'll only have a limited time to do so (often 14 days from the date on their communication).
When you receive the letter post a redacted copy of it in this thread, along with your draft reply and forum members will proof read it for you. You'll find lots of example letters you can use in this section of the forum but the reply basically needs to mention:
- That you are sorry for what has happened
- What you have learned from the incident and will not do this again
- That you are keen to settle the matter without the need for court action
- Offer to pay the outstanding fare and the railway company’s administrative costs in dealing with the matter
The railway will probably offer you an out of court settlement. Expect to have to pay the cost of the fare for the journey you made at the full Anytime rate with no credit given for the invalid ticket you purchased. In addition they will charge an admin fee, typically £150. They will also audit your online ticket purchase history and if this shows you've purchased other tickets that were not valid (eg railcard discounted tickets when you did not have a valid railcard, or tickets for only part of the journey, or tickets bought after boarding the train you travelled on ) they will probably factor the cost of these journeys into the settlement offer. Depending on how many journeys you've made over the period concerned this could end up being expensive.
Settlements usually have to be paid in full within a few days of them being offered so if money is tight you might want to think about how you will raise the sum required at short notice.
This is especially relevant as they may well seek a substantial sum given the distance Totnes - London you are mentioning - eg each Anytime Return they will seek to charge for is £299 - how many journeys (singles or returns) are involved here? - since your Railcard expired
You will need to find a way to legitimacy access those sorts of funds if you are offered a settlement - you may want to talk to trusted friends or family about help with that if you don't have savings available
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Others might be correct that the cards aren’t exactly in your hands to be able to offer a settlement but in reality with train companies like GWR an offer to pay a settlement at the rates used for this purpose (Anytime Single fares plus admin costs) would almost certainly be accepted - or they’ll offer you one before you even have the chance to ask. If you do we would suggest phrasing it as a request/plea rather than an offer but this is semantics really and we aren’t at that stage yet anyway. Come back to us when GWR write to you, or in 5-6 months if they still haven’t, and we can help
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.
