Intent to Prosecute

[thekidwhogames]

Hello everyone, please help me ASAP.

I am a 23 year old university student in the UK, studying mathematics at uni. I have never committed any offence before.

On the 22nd January, I travelled from Cambridge to London and back. As I often buy train tickets for my partner (who has a railcard), the "rail-card option" was ticked in the app when I purchased my tickets (my railcard expired in August and therefore, I don't use one anymore). As I am autistic and was rushing, I was not able to notice that it had already been ticked. I purchased my tickets and travelled with them. On the journey to London (King's Cross), a ticket inspector asked me for my railcard and noticed it expired and I explained what had happened (i.e. that I was not intending to use a rail-card, and just that it was already ticked as I buy tickets for my partner often with his railcard). He took my details down and said I have to wait for a letter (I'm not entirely sure but I believe I heard him mention out-of-court settlements).

I've received a letter yesterday titled "Notice of Intention to Prosecute" and it mentions "this letter is to inform you of our intention to take this case to the Magistrates Court and on the reverse it provides you with the opportunity to tell us what happened from your point of view". It mentioned the possible maximal penalty for offenders are:

- criminal record
- fine of up to £1000
- prison sentence etc

It also said they do not accept appeals/mitigation over telephone (I was thinking of calling them).

It had my offence detailed as "that you on 22 Jan 2023, Did enter a train for the purpose of travelling on the railway, and upon inspection at London King's Cross (KGX); did not produce a valid ticket entitling travel".

PLEASE HELP ME WITH THIS. This was an honest mistake and it will never happen again (my partner and I will buy our own tickets with our own phones from now, so this will never happen again). I am a university student and cannot afford a criminal offence, over an honest mistake. How should I go about dealing with this to ensure an out-of-court settlement? Is the letter below fine?

Also, should I omit the whole thing about me having a railcard that expired? My railcard expired a few months ago so I've not used it since and did not intend on using it on the 22nd of January when this offence happened. It was genuinely because of me buying a ticket for my boyfriend in the past (who has a railcard). Should I omit that section or keep it as below?

== Doublepost prevention - post automatically merged: 8 Feb 2023 ==

I have written the following letter, but have not yet posted it. Can I please receive advice on this?
------------------------
Dear Sir/Madam,

Thank you for allowing me the opportunity to respond to your letter.

On the 22nd January 2023, I purchased a train ticket from Cambridge to London (King's Cross). As I was in a rush and am autistic (I struggle with nearly all executive tasks), I mistakenly forgot to untick the '16-25 Railcard' option on my phone when purchasing the tickets. This is because in the past, I often bought train tickets for my boyfriend who does have a 16-25 Railcard. At no point did I intend to use a railcard for myself as mine had expired and I had not renewed it yet. I admit this was careless and wrong for me to do, and I deeply regret it.

I deeply apologise and I am certain nothing like this will ever occur again. I will be taking action to ensure this does not happen again. Namely, I will only be buying tickets for myself from my phone, and my boyfriend (or anyone else) will purchase their own tickets. Moreover, I will always double check that settings on my phone are correct before purchasing tickets. On top of this, I have renewed my railcard upon receiving this letter.

As a final-year Maths student at Cambridge University, I understand repercussions of this mistake can have a serious impact on my ability to get a job, and I would kindly ask if it were possible for this to be settled without the need for court action. I have learnt from my mistake, and I am keen to settle this matter. I am willing to sincerely pay for any outstanding fees owed and to compensate GTR for the time and costs incurred in investigating this matter.

I’ve learnt a very valuable lesson from this incident. It’s educated me on how much money the railway companies lose due to fare evasion and how that it is very unacceptable to commit fare evasion.

Again, I am deeply sorry for my mistake.

I hope you can look favourably on this request, and I look forward to your response.

== Doublepost prevention - post automatically merged: 8 Feb 2023 ==

 

[GadgetMan]

Reading your post, it seems a little contradictory. If you knew your railcard had expired, and you didn't mean to use the discount, then why did you present the expired railcard to the inspector? Surely, when asked for a railcard by the inspector your reaction should've been along the lines of...'ooh, I didn't mean to apply the discount as I don't own a valid railcard.

 

[thekidwhogames]

Reading your post, it seems a little contradictory. If you knew your railcard had expired, and you didn't mean to use the discount, then why did you present the expired railcard to the inspector? Surely, when asked for a railcard by the inspector your reaction should've been along the lines of...'ooh, I didn't mean to apply the discount as I don't own a valid railcard.

He said "can I see your railcard" and I took it literally (especially because I was very stressed out and scared - I've never been in a situation like this before) and showed him my railcard as he requested. However, I did explain what had happened i.e. that I was not intending on using a railcard and I accidentally forgot to untick it on my phone. Shall I include this in the letter somehow?

 

[AlterEgo]

He said "can I see your railcard" and I took it literally (especially because I was very stressed out and scared - I've never been in a situation like this before) and showed him my railcard as he requested. However, I did explain what had happened i.e. that I was not intending on using a railcard and I accidentally forgot to untick it on my phone. Shall I include this in the letter somehow?

Yes, if it’s truthful - include it.

 

[Haywain]

Yes, if it’s truthful - include it.

But bear in mind that the person reading the letter might well wonder why that railcard was still being carried 5 months after expiring.

 

[thekidwhogames]

But bear in mind that the person reading the letter might well wonder why that railcard was still being carried 5 months after expiring.

Because I carry all my cards in one wallet case and I didn't actively think about the railcards expiry as I stopped using it.

== Doublepost prevention - post automatically merged: 8 Feb 2023 ==

Can you guys help me write the letter please? I've got a draft above

== Doublepost prevention - post automatically merged: 8 Feb 2023 ==

Yes, if it’s truthful - include it.

Can you please help me with the letter (draft above)?

 

[Hadders]

The letter is generally ok but you might want to mention that you have purchased a new railcard (if you have). Also I'd remove the bit about being a Cambridge University student and the impact on getting a job because it could be argued that someone intelligent enough to get a place at Cambridge University really ought to be capable of checking that they have the correct ticket to travel by train.

GTR generally offer an out of court settlements as long as you haven't come to their attention before.

 

[Haywain]

Because I carry all my cards in one wallet case and I didn't actively think about the railcards expiry as I stopped using it.

That will not stop them wondering. You are writing to the people who spend their time investigating matters of dishonesty.

 

[thekidwhogames]

That will not stop them wondering. You are writing to the people who spend their time investigating matters of dishonesty.

But it's the honest truth. What should I do?

 

[30907]

Also I'd remove the bit about being a Cambridge University student and the impact on getting a job

Another reason for removing it this is that a conviction under the Railway Byelaws is a non-recordable offence and in most cases will not be of great interest to a future employer unless you conceal a conviction when asked about it.
Perhaps GCHQ/MI5/MI6 are exceptions - but they will know anyway

You can truthfully say that you are concerned about the impact, if you wish.

But as Hadders has said, if you cooperate an out of court settlement is likely.

 

[MotCO]

I mistakenly forgot to untick the '16-25 Railcard' option on my phone when purchasing the tickets

I wonder if you should say something like that you didn't realise that the '16-25 Railcard' option was still ticked from a previous ticket purchased for your boyfriend. As it stands it sounds like you positively ticked it during the purchase of this ticket, then 'forgot' to untick it.

 

[thekidwhogames]

I wonder if you should say something like that you didn't realise that the '16-25 Railcard' option was still ticked from a previous ticket purchased for your boyfriend. As it stands it sounds like you positively ticked it during the purchase of this ticket, then 'forgot' to untick it.

How should I rephrase it please?

== Doublepost prevention - post automatically merged: 9 Feb 2023 ==

Another reason for removing it this is that a conviction under the Railway Byelaws is a non-recordable offence and in most cases will not be of great interest to a future employer unless you conceal a conviction when asked about it.
Perhaps GCHQ/MI5/MI6 are exceptions - but they will know anyway

You can truthfully say that you are concerned about the impact, if you wish.

But as Hadders has said, if you cooperate an out of court settlement is likely.

I am really concerned about it, so do you think I should still include it? I will 100% cooperate and am willing to pay the administrative fees instilled upon GTR etc. I will renew my railcard as soon as possible too etc. Also are you sure this is a conviction under the Railway Byelaws? It said in the letter that a maximal penalty could include a criminal record etc (I mentioned exactly what the letter said in my original post).

 

[gray1404]

I would definitely tell the truth and stayed that it was ticked for the purchase of your partner. We do not want to train company thinking that you have travelled frequently on railcard discounted tickets that you were not entitled to. It is best that they know the truth that this was an isolated incident. There is a possibility they may look at your online purchase history so it is important you are able to clarify which journeys for made by you and which were made by your partner if necessary.

 

[30907]

Also are you sure this is a conviction under the Railway Byelaws? It said in the letter that a maximal penalty could include a criminal record etc (I mentioned exactly what the letter said in my original post).

The alleged offence is

"Did enter a train for the purpose of travelling on the railway, and upon inspection at London King's Cross (KGX); did not produce a valid ticket entitling travel".

The relevant part of Byelaw 18.1 reads

".....no person shall enter any train for the purpose of travelling on the railway unless he has with him a valid ticket entitling him to travel"

The correspondence is sufficient.

The letter is a generic one and is, naturally, designed to make you take the matter seriously. In practice Train Operators prosecute under the Byelaw because it is straightforward and (one presumes) effective.

Hope that clarifies. But yes, include your concerns about your career.

 

[thekidwhogames]

Thanks everyone. I'm going to send in my letter today. I really hope for an out of court settlement.

 

[spag23]

That will not stop them wondering. You are writing to the people who spend their time investigating matters of dishonesty.

My wallet often contains out of date cards; so the OP's explanation strikes me as entirely credible.
And anyway, how would it benefit the OP to carry an out of date Railcard? It prominently features the expiry date, and so would be useless for any inspection or in-person purchase.

 

[AstowJ]

Thanks everyone. I'm going to send in my letter today. I really hope for an out of court settlement.

Best of luck, keep us updated!

 

[thekidwhogames]

Hey guys, this is my final draft. Any more suggestions please? Also in the final paragraph, I didn't commit fare evasion (and definitely not intentionally), so should I change the "and how that it is very unacceptable to commit fare evasion"?
--------------------
Dear Sir/Madam,

Thank you for allowing me the opportunity to respond to your letter.

On the 22nd January 2023, I purchased a train ticket from Cambridge to London (King's Cross). As I was in a rush and am autistic (I struggle with nearly all executive tasks), I mistakenly forgot to untick the '16-25 Railcard' option on my phone when purchasing the tickets, which was still ticked from a previous ticket purchased for my boyfriend. In the past, I often bought train tickets for my boyfriend who does have a 16-25 Railcard. I was asked for my railcard by the ticket inspector but as I am autistic and was highly nervous, I took this request literally and showed my expired railcard. At no point did I intend to use a railcard for myself after mine had expired as I had not renewed it yet. I admit this was careless and wrong for me to do, and I deeply regret it.

I deeply apologise and I am certain nothing like this will ever occur again. I will be taking action to ensure this does not happen again. Namely, I will only be buying tickets for myself from my phone, and my boyfriend (or anyone else) will purchase their own tickets. Moreover, I will always double check that settings on my phone are correct before purchasing tickets. On top of this, I have renewed my railcard upon receiving this letter.

As a final-year Maths student, I understand repercussions of this mistake can have a serious impact on my ability to get a job, and I would kindly ask if it were possible for this to be settled without the need for court action. I have learnt from my mistake, and I am keen to settle this matter. I am willing to sincerely pay for any outstanding fees owed and to compensate GTR for the time and costs incurred in investigating this matter.

I’ve learnt a very valuable lesson from this incident. It’s educated me on how much money the railway companies lose due to fare evasion and how that it is very unacceptable to commit fare evasion.

Again, I am deeply sorry for my mistake.

I hope you can look favourably on this request, and I look forward to your response.

 

[MotCO]

As a final-year Maths student, I understand repercussions of this mistake can have a serious impact on my ability to get a job, and I would kindly ask if it were possible for this to be settled without the need for court action. I have learnt from my mistake, and I am keen to settle this matter. I am willing to sincerely pay for any outstanding fees owed and to compensate GTR for the time and costs incurred in investigating this matter.

I’ve learnt a very valuable lesson from this incident. It’s educated me on how much money the railway companies lose through passengers not having the right ticket and the importance of always checking I have purchased the correct ticket due to fare evasion and how that it is very unacceptable to commit fare evasion.

I've made a few suggested alterations to the end of your draft.

 

[gabrielhj07]

As a final-year Maths student, I understand repercussions of this mistake can have a serious impact on my ability to get a job

I would omit the first phrase. As said above, they will infer from this that you are intelligent enough to know not to do this, regardless of how rushed you were.

 

[furlong]

Personally, I wouldn't find the excuse in that letter very persuasive versus "I forgot to renew it", but if this is GTR not TIL that probably isn't going to matter.

 

[Haywain]

My wallet often contains out of date cards; so the OP's explanation strikes me as entirely credible.
And anyway, how would it benefit the OP to carry an out of date Railcard? It prominently features the expiry date, and so would be useless for any inspection or in-person purchase.

People try it on, and often get away with it. It's one thing to carry out of date cards but then to produce them when asked, as the OP did...

 

[thekidwhogames]

Personally, I wouldn't find the excuse in that letter very persuasive versus "I forgot to renew it", but if this is GTR not TIL that probably isn't going to matter.

But it's the truth for what actually happened. Also, I already told the ticket inspector what had happened (i.e. that it was ticked from a previous purchase for my partner). Will I be okay with the letter as is (with the suggested altercations from the other posters above)? I'm really scared and just want to avoid court.

== Doublepost prevention - post automatically merged: 9 Feb 2023 ==

People try it on, and often get away with it. It's one thing to carry out of date cards but then to produce them when asked, as theIP did...

But I already explained that I was extremely panicking and scared. I was too stressed to say anything and I took the request literally.

== Doublepost prevention - post automatically merged: 9 Feb 2023 ==

I would omit the first phrase. As said above, they will infer from this that you are intelligent enough to know not to do this, regardless of how rushed you were.

So remove the part about me being a student?

== Doublepost prevention - post automatically merged: 9 Feb 2023 ==

I've made a few suggested alterations to the end of your draft.

Thank you very much!

 

[Ediswan]

But I already explained that I was extremely panicking and scared. I was too stressed to say anything and I took the request literally.

You did mention that you are autistic. That is a recognised behaviour.

 

[Nanakim]

But it's the truth for what actually happened. Also, I already told the ticket inspector what had happened (i.e. that it was ticked from a previous purchase for my partner). Will I be okay with the letter as is (with the suggested altercations from the other posters above)? I'm really scared and just want to avoid court.

== Doublepost prevention - post automatically merged: 9 Feb 2023 ==


But I already explained that I was extremely panicking and scared. I was too stressed to say anything and I took the request literally.

== Doublepost prevention - post automatically merged: 9 Feb 2023 ==


So remove the part about me being a student?

== Doublepost prevention - post automatically merged: 9 Feb 2023 ==


Thank you very much!

Hi, silent follower if this thread. Did you use the back of the letter that was sent to you to respond to them or have you used a separate paper? Thank you

 

[AstowJ]

Hi, silent follower if this thread. Did you use the back of the letter that was sent to you to respond to them or have you used a separate paper? Thank you

Send your response on a separate piece of paper but including their reference number.

Keep their original letter for your records

 

[Fawkes Cat]

Send your response on a separate piece of paper but including their reference number.

Keep their original letter for your records

You could also take a picture of the original letter and your response so you know exactly what they said and exactly what you said.

For @Nanakim 's question, the really important thing is that the railway can attach your reply to their records, and following their instructions to write your reply on the back of their letter is a good way to do this. But if you want to print your reply, that will be easier on a separate piece of paper. So
- make sure every page of your response has your details on it ('Page x of reply from <your name and address>, reference yyyy') just in case anything gets separated from the original letter
- on the original letter, write 'please see attached reply' so whoever gets it knows that they should be looking for extra pages.

 

[thekidwhogames]

Hey guys, a lot of stuff has come up and I've been quite busy. I wrote my reply on a separate piece of paper (including my name, address, reference number etc) and just sent it today - they will receive it on Monday.

I wrote it on a separate piece of paper as the original physical letter was posted to my home address and not student residence and thus I didn't have physical access to it, only digital.

Is this fine? The letter I received had 7th February as the date on it, and the letter says I should reply "within 14 days of the above date". Does this mean I've got until the 21st to actually post it (and thus they'd receive it at least a day or 2 later). Or, does it mean I post it such that they'd receive it within 14 days (eg 21st)? They should receive my reply on Monday (the 20th), which is within 14 days of both cases so is it okay?

 

[Haywain]

Is this fine? The letter I received had 7th February as the date on it, and the letter says I should reply "within 14 days of the above date". Does this mean I've got until the 21st to actually post it (and thus they'd receive it at least a day or 2 later). Or, does it mean I post it such that they'd receive it within 14 days (eg 21st)? They should receive my reply on Monday (the 20th), which is within 14 days of both cases so is it okay?

It will be fine. It's unlikely they'd have a problem with a reply arriving a couple of days beyond the stated 14 days but giving a time limit stops people thinking they can leave util they feel like replying. It also gives the train company an opportunity to follow up without being accused of not giving time to respond.

 

[MotCO]

Hey guys, a lot of stuff has come up and I've been quite busy. I wrote my reply on a separate piece of paper (including my name, address, reference number etc) and just sent it today - they will receive it on Monday.

I wrote it on a separate piece of paper as the original physical letter was posted to my home address and not student residence and thus I didn't have physical access to it, only digital.

Is this fine? The letter I received had 7th February as the date on it, and the letter says I should reply "within 14 days of the above date". Does this mean I've got until the 21st to actually post it (and thus they'd receive it at least a day or 2 later). Or, does it mean I post it such that they'd receive it within 14 days (eg 21st)? They should receive my reply on Monday (the 20th), which is within 14 days of both cases so is it okay?

The only thing I would say (and it is now too late) would be to send it 'Signed for". Alternatively, is there an email address you can also send it to, referring to it as a copy of a document you have posted?