Letter from Northern Rail Re: potential prosecution

[cjhorn85]

Hey all,

Firstly, before telling you my situation, I realise I did a stupid thing and I am very much regretting my actions.

I received a letter from Northern Rail regarding potential prosecution about an incident back in November. What happened was, I had a valid ticket to go to Liverpool Lime Street from my home station. However, my travel plans changed during my travel, and my destination was changed to Manchester. I had a valid ticket up until Wigan North Western which then dictated I change trains to Liverpool. Instead, because of my change in plans, I stayed on the train which continued on to Manchester.

On arrival in Manchester, I went past the security people without my ticket being checked, and as I left the station I was stopped by a ticket investigator. This is where I have got to now.

Now I realise it was a stupid thing, and I should have bought a ticket from Wigan to Manchester (for all of £4.20), but I'm just wondering what is the best course of action. I have written a reply to them (waiting to send it away, but thought I'd ask here first) basically telling them the situation, and apologising for my actions offering to pay any fees necessary to avoid prosecution. It is my first case of anything like this, and I have a clean record.

I'm just wondering a couple of things:

- My ticket was valid to Liverpool. This is actually a more expensive journey than to Manchester. I realise I didn't have the correct ticket for arriving in Manchester, but will this give me any kind of leniency?
- The letter to me is from Northern Rail. At no point did I not pay for any of their trains, or did I even set foot on a Northern train. Is this merely a technicality and the breach in regulations still apply? Or can I question why they are writing to me about a potential prosecution when they had no involvement (The train I was on was a First Transpennine Express from Edinburgh)
- Is there anything I should include in the letter to help my case, as I really don't want to be prosecuted, as I feel this is a little disproportionate to the crime committed.

Thanks for any help, and hopefully this can be resolved quickly!

 

[ainsworth74]

It seems quite likely, from what you've told us, they may opt to prosecute you under either the Regulation of Railways Act Section 5 or Railway Byelaw 18.

It is up to you how you respond to the letter they have sent but it would be wise to tell the truth at this stage as lying is likely to make the situation worse. You can also consider replying stating that you're very sorry for your mistake, that you will never do so again, that you are willing to pay the fare outstanding and any administration costs they've incurred.

In our experience replying along the lines of the above may sometimes (but not always) will enable you to avoid court and a potential criminal record.

If the TOC decide to prosecute you then you have a few options:

1) Defend your case in court by pleading not guilty. You'll need to be able to defeat the evidence that the prosecution will bring against you. Further if you're found guilty you'll not only face a fine and potentially a criminal record but also the other sides costs (you would also lose the advantage in sentencing of an early guilty plea potentially reducing the fine).

2) Plead guilty and accept a fine and potential criminal record.

3) Write directly to the TOC apologising for your actions and offering to pay the fare outstanding and whatever costs they've incurred so far. They may opt to accept a payment from you directly and avoid court or they may wish to proceed to court.

Finally, and especially if they do take you to court, you should strongly consider seeking professional legal advice even if it's only a 30 minute free consultation. Whilst specialists in railway law are available they are not common and charge a great deal for their services. However, a local firm dealing in criminal law defence should be able to provide adequate assistance.

You may wish to consult the Legal section of our Ticketing Guide for more information and with particular reference to this section and this section.

To address a few of your questions directly. Unfortunately it doesn't matter that you held a ticket that was worth more than the cost of the journey you undertook as you didn't have a valid ticket for the journey you actually made that's the key point. Northern can prosecute even though you didn't travel on one of their services. It's not uncommon actually.

If you didn't wish to be prosecuted then you shouldn't have travelled without a valid ticket or at least tried to procure a ticket at the first opportunity and whilst you might feel it is disproportionate unfortunately, rightly or wrongly, the legislation is laid down giving them the power to prosecute for it and to make it a criminal matter.

The only thing I can suggest in means of mitigation is to simply be apologetic, make it clear that this was a one off (assuming it was), that you now realise the seriousness of what you've done, that it will not happen again and that you will pay any fares outstanding and any administration costs they've incurred dealing with this.

Usually that would draw a positive outcome but there is no certain way of avoiding prosecution in this scenario as they are well within their rights to take it to court.

 

[Bletchleyite]

Surprised no Penalty Fake was issued (£80 settlement). Has the OP been in trouble with them before, perhaps? If so this may affect their willingness to settle.

If I'm reading wrongly and an £80 settlement has been offered, the OP should pay this and that will be the end of the matter, but don't do it again.

 

[cjhorn85]

No £80 penalty was offered (Trust me, I'd pay that quite happily right now!), and yes this is my first time with anything like this. I have no previous records, warnings or cautions.

 

[najaB]

I'm just wondering a couple of things:

- My ticket was valid to Liverpool. This is actually a more expensive journey than to Manchester. I realise I didn't have the correct ticket for arriving in Manchester, but will this give me any kind of leniency?

Nope. Even if the ticket you held cost 100 times more than the ticket you required. The legal requirement is to have a ticket for the journey you actually took.

- The letter to me is from Northern Rail. At no point did I not pay for any of their trains, or did I even set foot on a Northern train. Is this merely a technicality and the breach in regulations still apply? Or can I question why they are writing to me about a potential prosecution when they had no involvement (The train I was on was a First Transpennine Express from Edinburgh)

Again, nope it doesn't make a difference. The inspector who stopped you worked for Northern so they can bring a prosecution. The train operators have agreements to coordinate and cooperate revenue protection activities.

- Is there anything I should include in the letter to help my case, as I really don't want to be prosecuted, as I feel this is a little disproportionate to the crime committed.

There will likely be another endless debate on the morality of railway ticketing law but that won't change the fact that a prosecution would be valid. As to what to put into the letter, you pretty much summed it up in your post: you're sorry to have made the mistake, you understand that it was wrong, you want to settle the matter as expeditiously as possible and you'll never do it again.

 

[cjhorn85]

Thanks for the advice guys. As I said before, it was a stupid mistake, and I'm just going to have to take whatever punishment they offer me on the chin!

Thanks!

 

[furlong]

What was the precise origin and destination on the ticket and did it say ANY PERMITTED or VIA anywhere and what type was it e.g. Off-peak return? It's worth double-checking that Manchester is and never has been a permitted route for the journey you made. (If it used to be but apparently isn't today, then you could potentially challenge this or seek confirmation that all the correct processes were followed when the route was removed.)

 

[DaveNewcastle]

I am inclined to agree with the replies given by ainsworth74 and najaB, but there is one thing I don't understand which prevents me from giving any advice: -

I received a letter from Northern Rail regarding potential prosecution . . . .

what does the letter from Northern Rail say in respect of a prosecution? The 3 word phrase 'Regarding possible prosecution' seems to me to cover a very broad spectrum of positions.

 

[cjhorn85]

I did think that, but it was an advance ticket, so I don't think that counts. My train originated in Edinburgh, and the seat was booked to Wigan on a first transpennine express train, and from there I could take any train to Liverpool. But I stayed past Wigan on that train, so I guess that's where they're getting me.....

The routing according to my email booking says

"Only valid on booked First TransPennine Express services and required connecting services"

 

[cjhorn85]

Sorry, I may have been a little ambiguous about what they're asking for. It's a letter that has been mentioned on here before where they tell me I'm being investigated on an unpaid fare, and they ask for my version of events before taking the issue further.

I initially thought I would just get a fine out something as that's what the ticket investigator said at the station, but after reading around these forums and other sites, it appears more serious which I why I was seeking any additional advice to what I had already picked up.

 

[DaveNewcastle]

Thanks. Yes, the general direction of your letter seems fine. Your short remark that you "won't do it again" is good, but I wonder if you might want to expand on the learning outcomes (as trainers like to call them) to illustrate how your future behavior has been affected.

As najaB correctly states, it is immaterial which company investigates or prosecutes. A private prosecution is a poorly understood procedure but it is potentially open to anyone concerned to bring about a prosecution for a Criminal Offence, with or without an agreement between the Companies. Sorry it's not what you want to hear.

 

[gray1404]

If you are a similar sitution again maybe best to approach the guard on the train before Wigan and ask to buy a ticket to onward from Wigan to Manchester. If they refuse get off the train at Wigan as booked and then go and buy the additional required ticket at the station. (although I think an Advance does not allow you strictly speaking to finish your journey early.)

 

[najaB]

..although I think an Advance does not allow you strictly speaking to finish your journey early...

No, they don't. However if there is no financial advantage the TOC is highly unlikely to do anything about it.