Penalty Fare vs Witness Statement

[Traveller64]

A little over three months ago, I mistakenly bought an anytime return ticket for the same evening instead of the next day - it was late and I was intending to travel a peak time next day. The mistakenly bought ticket was even viable to use, anytime return without enough time to get to London and back. The ticket was bought in the app and I think my thumb hit the date tumbler sending it back to today rather than tomorrow - small screen; old, tired eyes. (Why the app will sell an anytime ticket after 9pm for a return journey on the same day is an interesting question? Anyway...)

On the intended day of travel, the barriers were open at the station, and I got on the train with my partner and child.

Some way into the journey, I heard the ticket inspector, got out my phone and looked at the ticket, and realized the date was out by one. Before even showing the ticket, I explained what I'd done and offered to pay whatever was required. The inspector said he could see the ticket had been bought late the night before and was not used. The ticket was purchased less than 12 hours before.

The inspector took a witness statement, gave me a temporary exit pass, and left. It was all very friendly and pally - "I can see the mistake, you offered to pay, no problem, yada yada, thanks, see you".

The date of the incident was my last day at work before being laid off. I've been a Thameslink commute for more than 10 years and never fallen foul of an inspector before.

Three months on and I can get no information from Thameslink on my case. There's been no correspondence at all - the email responses are an immediate brush off. The address on the witness statement is correct. If I call, I'm told it's in the hands of the prosecution team and there is nothing they can do to help. If I email Thameslink prosecutions, I get a generic response about having a lot of prosecutions in progress - they don't provide any info at all about my case. I've offered to pay on the telephone, and in emails. They say it has to go through their process.

As I understand now, there is a penalty far, mild infraction, and a witness statement for prosecutable infraction. I don't understand why the inspector took this route since they were saying they could see when the ticket was bought, that it wasn't used, etc. I feel like I'm just screwed here because Thameslink offer no way to resolve this. It's like the dark ages. I've given up looking for jobs in London to avoid Thameslink. The whole process seems unnecessarily harsh.

Should I be concerned that there's been nothing from Thameslink already? Is three months normal?

Thanks

== Doublepost prevention - post automatically merged: 29 Oct 2025 ==

> The mistakenly bought ticket was even viable to use, anytime return without enough time to get to London and back.

Should have read

The mistakenly bought ticket wasn't even viable to use, anytime return without enough time to get to London and back.

 

[jfollows]

No, there is no Penalty Fare, which would have been explicitly given to you at the time you were stopped.
Your statement will result in a letter from the prosecution department in due course, which will ask you to explain your circumstances and reasons at the time.
If you update this thread when you receive the letter, we can help advise you on your best course of action.
You don’t currently have anything to pay.

In the meantime you could usefully search this section of the forum for similar cases with GTR, who almost always agree to an out of court settlement if you engage with them.

 

[LA50041]

A little over three months ago, I mistakenly bought an anytime return ticket for the same evening instead of the next day - it was late and I was intending to travel a peak time next day. The mistakenly bought ticket was even viable to use, anytime return without enough time to get to London and back. The ticket was bought in the app and I think my thumb hit the date tumbler sending it back to today rather than tomorrow - small screen; old, tired eyes. (Why the app will sell an anytime ticket after 9pm for a return journey on the same day is an interesting question? Anyway...)

On the intended day of travel, the barriers were open at the station, and I got on the train with my partner and child.

Some way into the journey, I heard the ticket inspector, got out my phone and looked at the ticket, and realized the date was out by one. Before even showing the ticket, I explained what I'd done and offered to pay whatever was required. The inspector said he could see the ticket had been bought late the night before and was not used. The ticket was purchased less than 12 hours before.

The inspector took a witness statement, gave me a temporary exit pass, and left. It was all very friendly and pally - "I can see the mistake, you offered to pay, no problem, yada yada, thanks, see you".

The date of the incident was my last day at work before being laid off. I've been a Thameslink commute for more than 10 years and never fallen foul of an inspector before.

Three months on and I can get no information from Thameslink on my case. There's been no correspondence at all - the email responses are an immediate brush off. The address on the witness statement is correct. If I call, I'm told it's in the hands of the prosecution team and there is nothing they can do to help. If I email Thameslink prosecutions, I get a generic response about having a lot of prosecutions in progress - they don't provide any info at all about my case. I've offered to pay on the telephone, and in emails. They say it has to go through their process.

As I understand now, there is a penalty far, mild infraction, and a witness statement for prosecutable infraction. I don't understand why the inspector took this route since they were saying they could see when the ticket was bought, that it wasn't used, etc. I feel like I'm just screwed here because Thameslink offer no way to resolve this. It's like the dark ages. I've given up looking for jobs in London to avoid Thameslink. The whole process seems unnecessarily harsh.

Should I be concerned that there's been nothing from Thameslink already? Is three months normal?

Thanks

== Doublepost prevention - post automatically merged: 29 Oct 2025 ==

> The mistakenly bought ticket was even viable to use, anytime return without enough time to get to London and back.

Should have read

The mistakenly bought ticket wasn't even viable to use, anytime return without enough time to get to London and back.

Where were you travelling from/to? And exactly what ticket did you hold, I.e anytime return or Anytime Day Return?

 

[Traveller64]

@jfollows , for my own understanding, when you say "there is no Penalty Fare" - do you mean the option doesn't even exist? If it exists, what is the decision process in whether it is offered.

Thanks

Where were you travelling from/to? And exactly what ticket did you hold, I.e anytime return or Anytime Day Return?

I bought an anytime day return at 9pm for Royston to Kings Cross on a Wednesday evening.

I was intending to travel on the Thursday morning to go to work at an office in Kings Cross, but obviously failed in configuring the date/time correctly. It is my failing.

On the Thursday morning, the barrier was open and there was no one around when we on to the platform.

I'm a slight 54 years old myopic male with an unfused lumbar fracture: the chances of jumping the gates or running off are zero.

Got to love Thameslink.

 

[AlterEgo]

No news is good news. Some train companies are very stupid and lazy; there has been an ongoing debacle about the use of lay prosecutors in the magistrates' court, see here: https://www.railforums.co.uk/threads/discussion-about-the-use-of-lay-prosecutors-in-court.290879/

@jfollows , for my own understanding, when you say "there is no Penalty Fare" - do you mean the option doesn't even exist? If it exists, what is the decision process in whether it is offered.

A penalty fare can only be given at the time. It cannot be given retrospectively. The company will write to you eventually likely threatening to prosecute you, but in practice you can settle out of court for the outstanding fare plus an administration fee.

 

[jfollows]

See https://www.nationalrail.co.uk/tickets-railcards-and-offers/buying-a-ticket/penalty-fares/ forninformation on Penalty Fares, including links to legislation.

About Penalty Fares​

A Penalty Fare is an exceptional fare charged if you do not comply with the normal ticket purchasing rules without good reason. It is not a fine.

A witness statement/MG11 is used instead if the inspector thinks there may be other issues warranting further investigation, such as examination of online purchase history.