NIP from Chiltern Rail

[Swell97]

Hi everyone,

Hoping for some urgent advice regarding a Notice of Intended Prosecution I received from Chiltern Railways (avoiding to add dates in plain text, but this can be found on the letter received) .

• On Late february this year, I was stopped on a journey between Wembley Stadium and High Wycombe. I had bought a ticket but accidentally applied a railcard 26 - 30 discount when I shouldn't have (I think my railcard might have been expired on Aug 24 and was not valid for that journey, I was rushing). I was frustrated to give the inspector my details but did give it to them, he said to expect someone to reach out soon.
• I was travelling to a workplace, was in a genuine rush, and made an honest mistake selecting the fare (my work tickets are expenses for travel like this).
• Chilterns letter states they are considering prosecution under Railway Byelaws or the Regulation of Railways Act 1889. Crucially, it also mentions their "investigation has revealed that you may have avoided the correct rail fare on other occasions." - something that worries me a lot here
• I don't usually ride on Chiltern, and this incident the only time I've had any ticket issue or used an incorrect discount on Chiltern Railways. I even travelled the same route correctly ticketed just days before (for the 2 other occasions i have travelled there).
• I really want to avoid court and a potential criminal record. I want to settle this out of court.
• From what I understand Chiltern do try to reach an OOCS, and now is not the right time to reach out for a solicitor
• I have a drafted a letter (below) using the general advice of the forum, please let me know if this should be okay to send over.

*******************************
Dear Sir/Madam,

I’m writing in response to your letter dated XXth April 2025 (Customer Reference: XXXXXX) about my journey from Wembley Stadium to High Wycombe on XXth February 2025. I acknowledge that I presented an invalid ticket when spoken to by railway staff. I sincerely apologise for this mistake.

On that day, I was travelling to my clients’ workplace. In a hurry, I selected a fare with a railcard discount that wasn’t applicable for that journey. This was a genuine error, not an attempt to avoid payment. My work-related travel, including this journey, is usually expensed by my company, so I had no financial reason to deliberately avoid paying the correct fare. I always strive to pay the correct fare for my journeys. Previous journeys to the same workplace using Chiltern services also suggest this, with correct ticket being purchased on the XXth & XXth respectively.

This is the first time I’ve had this issue, and I was concerned to learn from my mistake. I have taken steps to prevent it from happening again, including renewing my railcard.

I understand the importance of ensuring the correct ticket is held for every journey and take this matter seriously. I’d like to resolve this incident responsibly and request that you consider settling this matter out of court. I’m prepared to pay the difference for the correct fare and any reasonable administrative costs.

Thank you for your time and consideration.

 

[Haywain]

I had bought a ticket but accidentally applied a railcard discount when I shouldn't have (I think my railcard might have been expired or not valid for that peak journey, I was rushing).

It is very important to know which railcard discount had been applied and whether you had held such a railcard. This makes a material difference to the potential outcomes. Without that information you are not going to get particularly good help here.

 

[Swell97]

Hi everyone,

Hoping for some urgent advice regarding a Notice of Intended Prosecution I received from Chiltern Railways (avoiding to add dates in plain text, but this can be found on the letter received) .

• On Late february this year, I was stopped on a journey between Wembley Stadium and High Wycombe. I had bought a ticket but accidentally applied a railcard discount when I shouldn't have (I think my railcard might have been expired or not valid for that peak journey, I was rushing). I was frustrated to give the inspector my details but did give my details, he said to expect someone to reach out soon.
• I was travelling to a workplace, was in a genuine rush, and made an honest mistake selecting the fare (my work tickets are expenses for travel like this).
• Chilterns letter states they are considering prosecution under Railway Byelaws or the Regulation of Railways Act 1889. Crucially, it also mentions their "investigation has revealed that you may have avoided the correct rail fare on other occasions." - something that worries me a lot here
• I don't usually ride on Chiltern, and this incident the only time I've had any ticket issue or used an incorrect discount on Chiltern Railways. I even travelled the same route correctly ticketed just days before (for the 2 other occasions i have travelled there).
• I really want to avoid court and a potential criminal record. I want to settle this out of court.
• From what I understand Chiltern do try to reach an OOCS, and now is not the right time to reach out for a solicitor
• I have a drafted a letter (below) using the general advice of the forum, please let me know if this should be okay to send over.

*******************************
Dear Sir/Madam,

I’m writing in response to your letter dated XXth April 2025 (Customer Reference: XXXXXX) about my journey from Wembley Stadium to High Wycombe on XXth February 2025. I acknowledge that I presented an invalid ticket when spoken to by railway staff. I sincerely apologise for this mistake.

On that day, I was travelling to my clients’ workplace. In a hurry, I selected a fare with a railcard discount that wasn’t applicable for that journey. This was a genuine error, not an attempt to avoid payment. My work-related travel, including this journey, is usually expensed by my company, so I had no financial reason to deliberately avoid paying the correct fare. I always strive to pay the correct fare for my journeys. Previous journeys to the same workplace using Chiltern services also suggest this, with correct ticket being purchased on the XXth & XXth respectively.

This is the first time I’ve had this issue, and I was concerned to learn from my mistake. I have taken steps to prevent it from happening again, including renewing my railcard.

I understand the importance of ensuring the correct ticket is held for every journey and take this matter seriously. I’d like to resolve this incident responsibly and request that you consider settling this matter out of court. I’m prepared to pay the difference for the correct fare and any reasonable administrative costs.

Thank you for your time and consideration.

It is very important to know which railcard discount had been applied and whether you had held such a railcard. This makes a material difference to the potential outcomes. Without that information you are not going to get particularly good help here.

I have applied the 26-30 railcard here. I have had one previously, which expired on august 24

 

[AlterEgo]

And you’re certain you haven’t made this mistake before? If you’re sure, you should be clear about this in your correspondence with Chiltern.

 

[Swell97]

And you’re certain you haven’t made this mistake before? If you’re sure, you should be clear about this in your correspondence with Chiltern.

Yes - this is the first time I was stopped and reported on any railline

would the line "This is the first time I’ve had this issue, and I was concerned to learn from my mistake." suffice? what could I add here to be more clear

 

[Fawkes Cat]

Yes - this is the first time I was stopped and reported on any railline

What you need to ask yourself is not (as you have said here) whether this was the first time you have been caught doing this, or whether it's the first time that you have done it. The thing is, some ticket websites (including Trainline which I understand is by far the biggest single online vendor) leave a railcard in your default settings until you delete it - it's not removed between bookings, or when the railcard expires. So it's entirely possible to have accidentally bought a ticket with a railcard when you weren't entitled to use it - and there's no way for the railway to distinguish between someone who has done this deliberately and someone who did it by accident. And whether it happened by accident or on purpose, the way the law is written, it's a strict liability offence to have not paid the right fare (that is, your intention doesn't come into it - you've committed an offence if you use the wrong ticket, whether you meant to do so or not).

So think about whether you have done this before. If you have, the railway will know this - and if you say that it's the first time they will think that you've been caught out in a lie, which is obviously not the impression that you want to give.

 

[Swell97]

What you need to ask yourself is not (as you have said here) whether this was the first time you have been caught doing this, or whether it's the first time that you have done it. The thing is, some ticket websites (including Trainline which I understand is by far the biggest single online vendor) leave a railcard in your default settings until you delete it - it's not removed between bookings, or when the railcard expires. So it's entirely possible to have accidentally bought a ticket with a railcard when you weren't entitled to use it - and there's no way for the railway to distinguish between someone who has done this deliberately and someone who did it by accident. And whether it happened by accident or on purpose, the way the law is written, it's a strict liability offence to have not paid the right fare (that is, your intention doesn't come into it - you've committed an offence if you use the wrong ticket, whether you meant to do so or not).

So think about whether you have done this before. If you have, the railway will know this - and if you say that it's the first time they will think that you've been caught out in a lie, which is obviously not the impression that you want to give.

OK I see good point, I will ammend so that I highlight this is the first time I have had a dispute / issue with any railway company.

Specifically with Chiltern this is the only time that I have booked a train with an invalid ticket, which can be verified with my trainline booking history.

== Doublepost prevention - post automatically merged: 6 May 2025 ==

Hi everyone,

Hoping for some urgent advice regarding a Notice of Intended Prosecution I received from Chiltern Railways (avoiding to add dates in plain text, but this can be found on the letter received) .

• On Late february this year, I was stopped on a journey between Wembley Stadium and High Wycombe. I had bought a ticket but accidentally applied a railcard 26 - 30 discount when I shouldn't have (I think my railcard might have been expired on Aug 24 and was not valid for that journey, I was rushing). I was frustrated to give the inspector my details but did give it to them, he said to expect someone to reach out soon.
• I was travelling to a workplace, was in a genuine rush, and made an honest mistake selecting the fare (my work tickets are expenses for travel like this).
• Chilterns letter states they are considering prosecution under Railway Byelaws or the Regulation of Railways Act 1889. Crucially, it also mentions their "investigation has revealed that you may have avoided the correct rail fare on other occasions." - something that worries me a lot here
• I don't usually ride on Chiltern, and this incident the only time I've had any ticket issue or used an incorrect discount on Chiltern Railways. I even travelled the same route correctly ticketed just days before (for the 2 other occasions i have travelled there).
• I really want to avoid court and a potential criminal record. I want to settle this out of court.
• From what I understand Chiltern do try to reach an OOCS, and now is not the right time to reach out for a solicitor
• I have a drafted a letter (below) using the general advice of the forum, please let me know if this should be okay to send over.

*******************************
Dear Sir/Madam,

I’m writing in response to your letter dated XXth April 2025 (Customer Reference: XXXXXX) about my journey from Wembley Stadium to High Wycombe on XXth February 2025. I acknowledge that I presented an invalid ticket when spoken to by railway staff. I sincerely apologise for this mistake.

On that day, I was travelling to my clients’ workplace. In a hurry, I selected a fare with a railcard discount that wasn’t applicable for that journey. This was a genuine error, not an attempt to avoid payment. My work-related travel, including this journey, is usually expensed by my company, so I had no financial reason to deliberately avoid paying the correct fare. I always strive to pay the correct fare for my journeys. Previous journeys to the same workplace using Chiltern services also suggest this, with correct ticket being purchased on the XXth & XXth respectively.

This is the first time I’ve had this issue, and I was concerned to learn from my mistake. I have taken steps to prevent it from happening again, including renewing my railcard.

I understand the importance of ensuring the correct ticket is held for every journey and take this matter seriously. I’d like to resolve this incident responsibly and request that you consider settling this matter out of court. I’m prepared to pay the difference for the correct fare and any reasonable administrative costs.

Thank you for your time and consideration.

Attaching the letter I have received for reference

 

[Elecman]

Since your railcard expired gave you accidentally booked any other railcard discounted train tickets on any train company not just Chiltern?

 

[ikcdab]

You need to change this bit..."I’m prepared to pay the difference for the correct fare and any reasonable administrative costs."

A settlement will be for the full anytime single rate. They don't normally just charge you the difference. Better to say "I am prepared to pay the correct fare and your administrative costs".