Notice of intention to prosecute (wrong railcard used)

[antistar10]

Hi RailUK forum members, I hope you guys are doing well.

I have received a letter from Govia Thameslink Railway regarding an incident in May 29th 2025 when I purchased a ticket using 26-30 Railcard while actually having a valid Network Railcard. I wasn't familiar with the Railcard terms & conditions. the moment I purchased the ticket, I tried to apply my Network Railcard discount, however the machine didn't accept it as I was travelling on a Thursday morning around 07AM. I then wrongly applied the 26-30 Railcard instead so I can benefit from the discount. realizing now that it was a foolish decision and I should have respected the terms & conditions.
Interestingly enough, when stopped by the protection revenue officer, they mentioned to me that the reason my ticket is invalid is because I had applied the discount for a journey taking place before 10AM in the morning (I am not sure if they have paid attention that I also have applied the wrong card...) therefore I am not sure if this worth mentioning in the letter response or not? Also, I noticed they have made a spelling mistake with my last name in the letter (one letter is wrong) is it worth mentioning in the content of the letter my right full name? or simply sign the letter with the correct spelling is enough? lastly, when I mail back my letter to GTR do I need to attach anything else ie copy of my railcard or ID ect?

As this is my first offence, and I am very fortunate to find this forum and I want to seek advice on my response. please see below draft:

Dear Sir/Madam,

I would like to apologies for the incident of travelling on the railway without a valid ticket. On May 29, 2025 at 08:37. I purchased a ticket using a 26-30 Railcard instead of my valid Network Railcard. I boarded the train at West Byfleet station, and when questioned at Gatwick Airport station by a Revenue Protection Officer, they pointed out that my ticket was not valid.
It was a foolish act and I accept total responsibility for my actions. I have carefully reviewed the terms and conditions of my railcard and will make sure I adhere to its restrictions in the future. Additionally, I am taking extra care when booking train tickets to avoid any further mistakes.

I would be very grateful if you would consider allowing me to settle this matter out of court. I offer my full cooperation towards resolving the situation and offer to pay the fare I avoided for my journey (from West Byfleet station to Gatwick Airport station), as well as any costs the company has incurred as a result of my actions. I learnt an important lesson from this incident and I am determined to not let this situation reoccur.

Thank you for your understanding and consideration.

Yours faithfully,

I appreciate this community and thank you in advance for you help!

 

[Fawkes Cat]

Hi RailUK forum members, I hope you guys are doing well.

I have received a letter from Govia Thameslink Railway regarding an incident in May 29th 2025 when I purchased a ticket using 26-30 Railcard while actually having a valid Network Railcard. I wasn't familiar with the Railcard terms & conditions. the moment I purchased the ticket, I tried to apply my Network Railcard discount, however the machine didn't accept it as I was travelling on a Thursday morning around 07AM. I then wrongly applied the 26-30 Railcard instead so I can benefit from the discount. realizing now that it was a foolish decision and I should have respected the terms & conditions.
Interestingly enough, when stopped by the protection revenue officer, they mentioned to me that the reason my ticket is invalid is because I had applied the discount for a journey taking place before 10AM in the morning (I am not sure if they have paid attention that I also have applied the wrong card...) therefore I am not sure if this worth mentioning in the letter response or not? Also, I noticed they have made a spelling mistake with my last name in the letter (one letter is wrong) is it worth mentioning in the content of the letter my right full name? or simply sign the letter with the correct spelling is enough? lastly, when I mail back my letter to GTR do I need to attach anything else ie copy of my railcard or ID ect?

As this is my first offence, and I am very fortunate to find this forum and I want to seek advice on my response. please see below draft:

Dear Sir/Madam,

I would like to apologies for the incident of travelling on the railway without a valid ticket. On May 29, 2025 at 08:37. I purchased a ticket using a 26-30 Railcard instead of my valid Network Railcard. I boarded the train at West Byfleet station, and when questioned at Gatwick Airport station by a Revenue Protection Officer, they pointed out that my ticket was not valid.
It was a foolish act and I accept total responsibility for my actions. I have carefully reviewed the terms and conditions of my railcard and will make sure I adhere to its restrictions in the future. Additionally, I am taking extra care when booking train tickets to avoid any further mistakes.

I would be very grateful if you would consider allowing me to settle this matter out of court. I offer my full cooperation towards resolving the situation and offer to pay the fare I avoided for my journey (from West Byfleet station to Gatwick Airport station), as well as any costs the company has incurred as a result of my actions. I learnt an important lesson from this incident and I am determined to not let this situation reoccur.

Thank you for your understanding and consideration.

Yours faithfully,

I appreciate this community and thank you in advance for you help!

Welcome to the forum.

Your reply is, I think, fine, and I would expect that Govia Thameslink Railway (GTR) will agree to let you settle out of court for the fare you should have paid plus the costs of their investigation. There's no need to send a copy of your Network railcard as what you have been caught doing is claiming a 26-30 railcard discount which you weren't entitled to, and your possession or otherwise of a Network Railcard has no impact on that.

The fact that there's a typo in your name won't have any impact on the process - if the railway wants to take you to court (which is fairly unlikely in the circumstances - we find that GTR are usually prepared to settle out of court if people engage in the process) they will still be able to do so. So if you want to get them to correct their records, then mention the spelling mistake, but nothing will change if you don't do so - they will still (most likely) be happy to settle with you.

 

[KirkstallOne]

Interestingly enough, when stopped by the protection revenue officer, they mentioned to me that the reason my ticket is invalid is because I had applied the discount for a journey taking place before 10AM in the morning (I am not sure if they have paid attention that I also have applied the wrong card...)

I think what has happened is the discount for the two railcards is the same, one third, but there are differences in what time of day they can be used for certain minimum fare tickets (they want to prevent commuters using them I presume). This will be why you couldn’t select the Network Railcard for your journey and why the guard was talking about 10am.

There was a well publicised case last year where the rail companies were criticised for the confusing T&Cs on this and this fed into the ORR enquiry which the ToCs should have taken on board. In that case the traveller had selected a time after 10am for an Anytime ticket and then when they travelled before 10am they were threatened with prosecution. Not a direct equivalent to your case as they did have the railcard they had selected but it is similar, he selected a different time to apply the discount be thought he was entitled to.

Personally I think it is worth mentioning you were confused about the T&Cs if this is what has happened.

Mr Williamson, a university graduate, was travelling to London via Manchester to take his driving theory test when the conductor told him his ticket was not valid because of the railcard's terms and conditions.

They stipulate the card cannot be used for fares below £12 between 04:00 and 10:00, Monday to Friday.

The rule does not apply in July and August, when Mr Williamson used his railcard on several similar journeys without falling foul of the rules.

https://www.bbc.co.uk/news/articles/c870572gewgo

 

[Hadders]

I think what has happened is the discount for the two railcards is the same, one third, but there are differences in what time of day they can be used for certain minimum fare tickets (they want to prevent commuters using them I presume). This will be why you couldn’t select the Network Railcard for your journey and why the guard was talking about 10am.

This is correct. The Network Railcard has never been valid prior to 10:00 on weekdays. This is stated on the front of Network Railcards (to be fair I'm not 100% sure what is displayed on the digital version). In addition a £13 minimum discounted fare also applies on weekdays, this was introduced about 15 years ago, iirc - initiall it was £10 but was increased to £13.

 

[KirkstallOne]

This is correct. The Network Railcard has never been valid prior to 10:00 on weekdays. This is stated on the front of Network Railcards (to be fair I'm not 100% sure what is displayed on the digital version). In addition a £13 minimum discounted fare also applies on weekdays, this was introduced about 15 years ago, iirc - initiall it was £10 but was increased to £13.

Right, seems fairly clear cut with an absolute 10am cut off then.

OP did you know this restriction existed? You say you were buying your ticket from a machine but if you have a digital trail of buying similar tickets then the train company may find them. Conversely if you are an infrequent traveller, unfamiliar machine, confused about T&Cs etc. then I would apologise and say that rather than admit a ‘foolish mistake’.

 

[antistar10]

Thank you friends for your comments and input.
I have received a settlement offer from GTR, happy to be able now to close this topic.