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Please Help - foolish mistake

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Foxxy

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31 May 2017
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Please can anyone offer advise, I accept that I have been beyond foolish and stupid to begin with so please don't judge and be harsh.
To explain I travelled from pembrey to Cardiff central on arriva trains on a Saturday afternoon, I boarded without a ticket and was going to buy one on the train and at the time I didn't know it was against the law to do this
I do now,
I got off at Cardiff went to buy a ticket and from what I can only as if was a moment of foolishness and stupidity asked for a ticket from Bridgend and was immediately questioned by a gentleman who said he needed to ask me more questions
He read out my writes and proseeded to ask me questions, I panicked and said I came from port talbot. I lost my piece of paper he gave me.
Fast forward weeks later I had a letter at the weekend which states the agents for the rail company have got a report in connection to a journey between port talbot and Cardiff that I showed no valid ticket
It says I have to opportunity to provide mitigation
That the report indicates that sufficient evidence does warrant a prosecution in accordance with current legislation. That considerations may include whether any charge should allege an offence against railway byelaes 2005 or the regulation of railways act 1889

I have no previous criminal convictions and have not been in trouble ever

I'm an emotional state and this could put an end to my Career and my hope to live in Australia
 
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yorkie

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Please can anyone offer advise, I accept that I have been beyond foolish and stupid to begin with so please don't judge and be harsh.
To explain I travelled from pembrey to Cardiff central on arriva trains on a Saturday afternoon, I boarded without a ticket and was going to buy one on the train and at the time I didn't know it was against the law to do this
What time was this? The ticket office is listed as closing at 1230 and records state there is no ticket machine there (though one may have been installed recently).

If there was a facility to buy before boarding then yes you should have done, but if not it's fine to board the train without a ticket, providing you ask for a valid fare that covers all of your journey at the first available opportunity.

I do now,
I got off at Cardiff went to buy a ticket and from what I can only as if was a moment of foolishness and stupidity asked for a ticket from Bridgend and was immediately questioned by a gentleman who said he needed to ask me more questions
He read out my writes and proseeded to ask me questions, I panicked and said I came from port talbot. I lost my piece of paper he gave me.
Fast forward weeks later I had a letter at the weekend which states the agents for the rail company have got a report in connection to a journey between port talbot and Cardiff that I showed no valid ticket
It says I have to opportunity to provide mitigation
That the report indicates that sufficient evidence does warrant a prosecution in accordance with current legislation. That considerations may include whether any charge should allege an offence against railway byelaes 2005 or the regulation of railways act 1889

I have no previous criminal convictions and have not been in trouble ever

I'm an emotional state and this could put an end to my Career and my hope to live in Australia

I really really want to settle this out of court anyone think this is do able?
They could prosecute under the Regulation of Railways Act for this offence, which would be a recordable criminal offence if the matter goes to court and you are found (or plead) guilty. See our legal section of our Fares Guide if you want more information regarding this.

There is a good chance ATW will agree to settle the matter out of court, and I agree that would be the best course of action for both yourself and ATW.
 

mikeg

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What time on a Saturday afternoon was this?

Can you confirm it was Pembrey and Burry Port station?
If so there was likely no opportunity to purchase before boarding, so you would have been fine to pay on the train or at your destination as applicable (or interchange if there was sufficient time and if applicable). Where you made an error of judgement was lying by stating that you came from Bridgend, or at least asking for a ticket from Bridgend (without, if valid, asking for a ticket from Pembrey to Bridgend too). You further compounded this with the Port Talbot lie.

It's a slam dunk regulation of railways act prosecution, which if it went to court would leave you with a substantial fine and criminal record. The case will most likely be dealt with by Transport Investigations Limited, which although one of the more difficult companies to settle with, it is certainly far from impossible. My suggestion is to include any genuine mitigation (but nothing that could be regarded as an attempt to make an excuse), be apologetic, reassure them it won't happen again and offer to pay off any costs they have incurred together with the full fare due. Be truthful this time, too.
 

AlterEgo

Verified Rep - Wingin' It! Paul Lucas
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To explain I travelled from pembrey to Cardiff central

stupidity asked for a ticket from Bridgend

I panicked and said I came from port talbot.

Did they believe you had come from Port Talbot or did they pick up on this second lie too?
 

Gareth Marston

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This is the advice ATW are publishing on their website. Ive put in in full as there seems a disproportionate number of posts that appear hear in relation to ATW.

https://www.arrivatrainswales.co.uk/bbyb/http://

Buy Before You Board

Your responsibilities

If you are travelling from a station that has ticket purchasing facilities available (a ticket booking office or a ticket vending machine), it is your responsibility to buy a valid ticket for the date and time of your journey before getting on the train (as set out in the National Rail Conditions of Travel and Railway Byelaws (2005)).

You must carry this ticket with you at all times and have it available for inspection or to use automatic ticket barriers. Keep your ticket safe. It is your ticket, not the receipt for it, which gives you the right to travel. If you board any of our trains without a ticket, at a station where ticket buying services are available, you may only be sold full fare tickets by available on-train staff or Unpaid Fares facilities at selected destination stations. This means that railcard savings, lower priced or discounted fares may not be available.

Please note: On train staff may not always be available to retail tickets on board due to other on-board duties.

The exceptions to this are:

If you are unable to buy a ticket because the ticket office is closed
If there is no ticket machine at the station where you start your journey or if it is not in operation
If you are unable to access our ticket retail facilities as a result of your disability
In these circumstances you can buy any ticket available on the train, on the day of travel, including Railcard discounts if applicable


Travelling without buying a valid ticket before you board can even result in prosecution and a fine of up to £1,000

These rules are set out in the National Rail Conditions of Travel and Railway Bye Laws 2005.

Where can I buy tickets?
There are a number of ways that you can buy train tickets for any journey with us:

How to buy your ticket

Online - simply enter your journey details into the 'Train tickets and times' search to find the best fares or click here. We don’t charge booking fees
Our app - you can buy your ticket on your smartphone with the free ATW app. Buy tickets securely on our app and collect your tickets from ticket machines, or if m-tickets are available for your journey, your ticket will be stored within the app on your device (mTickets must be activated before boarding the train)
Book in advance - get your tickets mailed to you, collect them from a ticket machine at the station
For regular travel - weekly, monthly or annual season tickets may offer great savings.
Ticket machines - you can buy tickets using ticket machines at many of our stations to buy tickets on the day of travel, or collect pre-paid tickets
By phone - 08709 000 773
In person - visit your local staffed rail station
From a travel agent - visit any ATOC Licensed Travel Agent

If you need information or advice to help you choose the correct ticket, including any restrictions on when the ticket is available, please ask our staff at ticket offices or check our website.

National Rail Conditions of Carriage
There are National Conditions that apply to the sale and use of rail tickets. If you would like more information, a copy of the ‘National Rail Conditions of Travel’ booklet, is available from the National Rail website: www.nationalrail.co.uk

If your ticket is in breach of the terms and conditions associated with the ticket type, your ticket will be invalid and you will be asked to purchase a new ticket or pay an excess fare. Please read the terms and conditions of your ticket carefully before boarding the train and check for any restrictions that may apply. Details of the ticket types available can be found at www.nationalrail.co.uk
Frequently asked questions

Can I buy my ticket at my destination if I am in a rush?
No. You are responsible for ensuring you buy a ticket that is valid for your entire journey before travelling – the only exceptions to this are detailed above. Please allow extra time in your journey planning to buy a ticket before you board.

What should I do if I have forgotten my photocard and/or season ticket?
You should buy a daily ticket to cover your journey before travelling. You may then apply for a refund on this daily ticket at the ticket office where you buy your season ticket. Only two such refund applications will be considered in a 12 month period and you may be charged an administration fee.


Revenue Enforcement Policy

The ethos of Arriva Trains Wales is to collect the correct revenue that we are contractually due from all our passengers. We recognise however there is a small minority of passengers who will deliberately attempt to evade payment. You can read more about our Revenue Enforcement Policy here.
 

Foxxy

New Member
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31 May 2017
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Thank you for our comments

It was after lunch, I and was on way to watch rugby in Cardiff and was very busy

No they took port Talbot as where I had come from but asked why didn't I purchase ticket from there and I said that when I usually got on at home station in the afternoon can't purchase a ticket and usually buy on board but With the train being full no conductor came around

Oh dear

Call me silly but I didn't know that travelling without a ticket could result in prosecution.

Genuinely.

I very much want to settle this matter out of court as will have an impact on my career as a teacher.

I have beyond learnt a very harsh lesson.
 

AlterEgo

Verified Rep - Wingin' It! Paul Lucas
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No they took port Talbot as where I had come from but asked why didn't I purchase ticket from there and I said that when I usually got on at home station in the afternoon can't purchase a ticket and usually buy on board but With the train being full no conductor came around

Then you are digging a bigger hole for yourself. Port Talbot has a staffed ticket office at Saturday lunch time and there are ticket vending machines too.

You need to explain to them that you travelled from Pembrey, because they're going to have worked out you either didn't board at Port Talbot at all, or walked past two opportunities to pay if they do accept you boarded there.

Is the address you gave in Pembrey? Is it the correct address?
 

Gareth Marston

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Then you've well and truly dug yourself into a hole - got on at Pembrey but said Bridgend and then Port Talbot "looks" like a story unless you have any evidence of being there that morning i.e receipts etc.
 
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