MG11 and information requested by train company

[S713]

Hi

 

[Titfield]

@MikeWh has previously suggested not giving them details such as NINO and occupation as they are "irrelevant".

I can not see why they should take this information into account as it could be argued to have different policies according to occupation could be a form of discrimination.

 

[Bletchleyite]

it could be argued to have different policies according to occupation could be a form of discrimination.

Occupation isn't a protected characteristic, so they are not legally banned from discriminating on that basis. However I can also see no reason to supply that information.

 

[Hadders]

There is no legal requirement to tell the train company your profession.

If you tell us more about what has happened we can advise how to respond.

 

[S713]

Thank you for all of your helpful replies, I’m grateful.

 

[Hadders]

In order to help you can you tell us:

Which stations were you travelling between?
What tickets did you purchase?
Were any railcard discounts applied? If so, do you possess a valid railcard?
How did you purchase your tickets? Online it from a station ticket office or ticket machine?
If WMT were to search your online ticketing account would they find purchases of similar tickets?

I know this is quite a lot of information but this forum has a history of being able to help people obtain favourable outcomes but to give you appropriate advice we need to know exactly what has happened.

 

[S713]

Apologies, I have purchased previous tickets like this.

 

[Islineclear3_1]

So you boarded the train at Hall Green and bought a ticket closer to your destination whilst on the train?

How many times have you done this?

 

[WesternLancer]

I assume they just ask for that info to track you down more easily in the event of not paying an agreement with them or helping the court get payments in the event of a guilty verdict at prosecution. Just makes life easier for them if people cooperate. From their point of view why not ask.

 

[S713]

I assume they just ask for that info to track you down more easily in the event of not paying an agreement with them or helping the court get payments in the event of a guilty verdict at prosecution. Just makes life easier for them if people cooperate. From their point of view why not ask.

Am I legally obliged to provide this information?

 

[AlterEgo]

Am I legally obliged to provide this information?

Not to the train company, no.

 

[S713]

Not to the train company, no.

Thank you

 

[WesternLancer]

Am I legally obliged to provide this information?

No. Don’t think so. It helps if you are seen to be cooperating etc but of course you will weigh up the pros and cons.

Of course if you want to avoid prosecution and get an out of court settlement presumably being seen to co operate helps that. But given your job you will need to balance that I guess. But also given your job avoiding prosecution will also be v important I assume.

 

[John R]

You are not, although if you want to get a settlement offer we usually advise being very cooperative with their requests for information, and not providing information asked for would run counter to that.

 

[Islineclear3_1]

If you are a legal secretary, for example, you could just put your occupation down as a secretary

 

[Hadders]

I'm assuming that you have received WMT's standard letter that says they have received a report, are considering prosecuting you but asking for your comments before they decide how to proceed.

I suggest writing a short, concise reply mentioning the following points. You will find many examples of letters that other people have sent in similar circumstances in other threads in this section of the forum:

- That you are sorry for what has happened
- What you have learned from the incident
- That you are keen to settle the matter without the need for court action
- Offer to pay the outstanding fare and the train company's administrative costs in dealing with the matter

As I said earlier you do not have to give your occupation. What I would do is write the letter on a separate sheet of paper (make sure it has your name, address and case reference number on it). Then on the form you've been sent just put 'see encolsed letter'.

WMT are usually prepared to offer an administrative settlement (commonly known as an out of court settlement) to people who engage with the process and who haven't come to their attention before. We cannot guarantee this and WMT are within their rights to prosecute you in the magistrates court if they want to. WMT will search your online ticket purchase history and will want to include these other instances when calculating the settlement.

If you are offered a settlement expect to have to pay the value of the outstanding fares at the full Anytime rate with no credit given for the tickets you did purchase. In addition you will have to pay an admin fee, typically around £175. You will need to be in a position to pay the settlement in full within a few days of it being offered - payment in installments is not normally allowed. Paying an out of court settlement might appear to be a fine, but it isn't and you won't have a criminal record as a result of accepting one.

Feel free to post a copy of your draft reply in this thread and forum members will be happy to proof read it for you.

 

[S713]

I'm assuming that you have received WMT's standard letter that says they have received a report, are considering prosecuting you but asking for your comments before they decide how to proceed.

I suggest writing a short, concise reply mentioning the following points. You will find many examples of letters that other people have sent in similar circumstances in other threads in this section of the forum:

- That you are sorry for what has happened
- What you have learned from the incident
- That you are keen to settle the matter without the need for court action
- Offer to pay the outstanding fare and the train company's administrative costs in dealing with the matter

As I said earlier you do not have to give your occupation. What I would do is write the letter on a separate sheet of paper (make sure it has your name, address and case reference number on it). Then on the form you've been sent just put 'see encolsed letter'.

WMT are usually prepared to offer an administrative settlement (commonly known as an out of court settlement) to people who engage with the process and who haven't come to their attention before. We cannot guarantee this and WMT are within their rights to prosecute you in the magistrates court if they want to. WMT will search your online ticket purchase history and will want to include these other instances when calculating the settlement.

If you are offered a settlement expect to have to pay the value of the outstanding fares at the full Anytime rate with no credit given for the tickets you did purchase. In addition you will have to pay an admin fee, typically around £175. You will need to be in a position to pay the settlement in full within a few days of it being offered - payment in installments is not normally allowed. Paying an out of court settlement might appear to be a fine, but it isn't and you won't have a criminal record as a result of accepting one.

Feel free to post a copy of your draft reply in this thread and forum members will be happy to proof read it for you.

Thank you so much for your helpful response, I’m grateful