Odd Situation

[Spcialeffects]

Hello all. My first post here so please be gentle. My name is Frank and i am a train driver for a london based TOC. This is the situation.......
A benefit of working for the railway is free travel, for leisure purposes, with the TOC that you work for, for both myself and my wife. My wife was going to meet a friend for coffee and so was using her free pass for this journey. She was let through the barrier by the barrier staff but once on the other side an inspector called her back. She when back through to talk to this inspector. He asked to see her ticket/pass so she gave it to him. Also in the wallet was her oyster card. The inspector pulled out her oyster card and gave it to a colleague to download. When my wife tried to question what was going on this inspector told her he was carrying out his investigation?! She then went onto as him for his name and position and he covered up his ID. He didn't place her under caution and she didn't sign anything. Her passes were returned to her and off she went.
3 to 4 months later we receive a letter of intention to prosecute for entering a train for the purpose of traveling without a ticket entitling travel. We have never been in this situation before and so am just wanting as much advice as possible. An email has been sent to my manager, who i am going to see today, which is saying that they are now going to take her free pass away as they think that she travels to work on it which is fraud. She doesn't do this, she buys a ticket with cash but doesn't keep them so can't prove this.

Many thanks Frank

 

[bb21]

Some things that I can instantly think of that may help you in your case.

Firstly is there anything in terms of travel patterns on the Oyster card that may indicate that she may have been regularly short-faring? Is there any travel pattern at all on the Oyster?

Does she commute on trains? If not, then if you can demonstrate that she uses other modes, or that home and work addresses are fairly close together, then that would make things easier.

If she does commute on rail, does she have past records of season ticket purchases, or daily ticket purchases that can support your claim?

Edit: I just noticed that you say she purchases tickets with cash. Does she commute each day? If so is there any particular reason she didn't buy a season ticket? These are all questions that may be asked.

 

[Jackx]

I also (usually) pay cash for my daily rail tickets, and don't buy a weekly pass as I don't always work 5 days each week which would merit a saving on a weekly pass. Would your local station staff vouch for her buying daily tickets perhaps?
I know the 2 usual staff at my local station would recall that I buy daily tickets, as I often bring the change they like to have as float, and we exchange the time of day etc.

 

[Haywain]

Edit: I just noticed that you say she purchases tickets with cash. Does she commute each day? If so is there any particular reason she didn't buy a season ticket? These are all questions that may be asked.

And, particularly relevant, is she buying cash tickets with a Priv discount? If she is, that would be a travel irregularity.

 

[matt_world2004]

Did your wife get off a train owned by your TOC or one that your TOC has a free travel reciprocal arrangement with. Also was the inspector working for the same TOC?

There have been. Problems with virgin trains trying to prosecute tfl and London midland staff at Euston who have gotten off a train where their ticket is valid

 

[Mag_seven]

Also in the wallet was her oyster card. The inspector pulled out her oyster card and gave it to a colleague to download.

Did he ask for it or did he pull it out without asking? If the latter then I don't believe that is acceptable behavior particularly since she was not travelling on it at the time.

 

[AlterEgo]

Is the spouse pass a contactless card? Will it log a journey history?

What journeys has the pass been used on?