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Intended prosecution letter - advice please

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SleepingComet

New Member
Joined
29 Apr 2025
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2
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Midlands
Hello,

Thanks in advance for any advice!
I’m writing here on behalf of my partner to help support him.

A few weeks ago we both travelled from London Marylebone to Banbury. He had a return ticket from Marylebone to Leamington Spa purchased before travelling, and we alighted early at Banbury.

This is because he was due to travel back to Marylebone from Leamington Spa the following day, and getting a return and alighting early was the simpler way to do it than two single tickets.
This was a standard adult ticket, super off-peak return, with a 26-30 railcard.

Unfortunately, when we alighted and the tickets were checked, we realised his 26-30 railcard had expired exactly two weeks prior.

The staff did not issue him with a fine, and instead took his details and said he would receive a letter, and to reply to this letter explaining the mistake. All interactions with staff were civil and apologetic.

This letter has arrived and is a “Notice of intended prosecution”

We have double checked and know he travelled 2 other times with this expired railcard before we realised it was expired, both from Marylebone to Leamington Spa, one adult standard off-peak return and one adult standard super off-peak return.

The next day when we continued the journey, he purchased a new ticket from Banbury to Leamington Spa, and a new ticket to return to London, without the railcard. He paid full price for all tickets until the new railcard was purchased which was a few weeks later, as he isn’t travelling often by train.

Our biggest concern is that he has a skilled worker visa, so it is a top priority to avoid any kind of record or court/criminal case.

Please advise us on what we should do. We have drafted this letter together and will gladly take all genuine advice:


“Dear Chiltern Railway,

I’m writing in response to a letter I received, regarding an invalid rail ticket on the 10th of March 2025 between Marylebone and Leamington Spa.

I was advised by the agent who spoke to me, to explain the situation once I received the letter from you.

I had purchased a ticket to Leamington Spa via Trainline, which had automatically applied my railcard as it always does. Unfortunately, my railcard had expired on the 24th of February without me realising. This only happened a short time before I purchased, and unfortunately affected two other journeys earlier in March.

This was a truly honest mistake, one that I apologise for. I paid for replacement normal fare tickets to rectify the mistake for my other pre-purchased tickets that were for the following days, and continued to pay without a railcard discount until my new one was ordered and settled, as I never intended to avoid paying for the train service and recognised the gravity of this accident. I will be more careful in the future to make sure this does not lapse again. At this time, I had recently been handed a no-fault eviction notice from my home - so my railcard lapse was accidentally missed amid the chaos of finding a new place to live.

I would like to request if we can settle the matter without court action. I’m willing to pay an appropriate fine for the mistakenly purchased journeys.

In this message I have included proof of my purchasing new tickets for my onward travel after talking with the agents. I hope this will aid in recognising that I always intended to pay correctly for my travel.

Please accept my apologies, and I hope this can be resolved.

Thanks for your time.

Sincerely,”
 
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saismee

Established Member
Joined
20 Oct 2023
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1,736
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The email looks good to me, though the part about paying for replacement tickets is a little confusing. I initally interpreted it as covering the two previous journeys, but it seems you mean future journeys? I'd try to simplify it and say something along the lines of "I also have pre-purchased tickets for travel in the future with the invalid railcard on my Trainline account, so I have purchased new undiscounted tickets to use instead on these days."

You may also want to add proof of purchasing the new railcard as it helps show the company that you won't be making this mistake again. It is also worthwhile marking the date of expiry in your calender (possibly mark it a week in advance so you have time to purchase the new railccard) and mention that as a method to prevent this from happening next year.

As for the section about your housing situation, it isn't very relevant but you are still taking responsibility for the mistake, so I see no reason to remove it, especially as it doesn't appear as serial evasion. I think you have a good chance at being granted an out-of-court settlement here. I would suggest posting a picture of the letter you received with personal details and reference numbers removed for other forum members to review, as you may be missing something in this letter that they mentioned.
 

SleepingComet

New Member
Joined
29 Apr 2025
Messages
2
Location
Midlands
Hi! Thank you for the quick reply!
Here’s the letter he received, in case it helps
 

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30907

Veteran Member
Joined
30 Sep 2012
Messages
21,959
Location
Airedale
That's a standard letter - it is up to him whether he refers to the other occasions or not.
 
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