Possible Fare Evasion?

[Embarrassed93]

Hi all, I was wondering if you could help me.

I was recently on a train from Brighouse to Leeds on a Friday morning. Prior to this all Summer I had been catching the train every day from Cottingley to Leeds having driven from Brighouse to Cottingley. This short train journey was to avoid having to park in the city center. On this particular day I overslept and decided that it would be quicker to get the train from Brighouse, I very nearly missed this train as well and had to run for it.

When I got to the station as I usually do I went to the ticket gate and out of force of habit asked for a ticket from Cottingley. When another Northern Rail employee stopped me to ask for my 'Short fare voucher' (not quite sure what this is) I explained how I had run for the train and hadn't seen anyone on the platform. Still having not clicked that he was talking about Cottingley Station and not Brighouse. Only when he rang Cottingley to ask if they had seen me on the platform did I realise my stupid mistake. I realise now, and am thoroughly kicking myself, that I should just have told the gentleman then and there that I had made the mistake and had in fact got on at Brighouse. I can't explain how stupid I feel now for not admitting then and there and the only explanations I can provide as to why I didn't are blind panic and sheer stupidity.

The inspector took my name and address but he didn't tell me what would happen now, I want to admit to my mistake at the earliest opportunity and hopefully avoid having any court action. I have never been in any kind of trouble before and am panicking now as to what will happen. I have had to ring the prosecutions department anyway having moved out of the address that I gave to the gentleman, and they have said that they haven't received the case yet.

What I want to know is what happens now? And am I likely to be prosecuted?

 

[ainsworth74]

You will need to await the reply from the TOC but it seems quite likely they may opt to prosecute you under either the Regulation of Railways Act Section 5 or Railway Byelaw 18.

The next likely step will be that they will write to you asking for your version of events. It is up to you how you respond but it would be wise to tell the truth at this stage as lying is likely to make the situation worse. You can also consider replying stating that you're very sorry for your mistake, that you will never do so again, that you are willing to pay the fare outstanding and any administration costs they've incurred.

In our experience replying along the lines of the above may sometimes (but not always) enable you to avoid court and a potential criminal record.

If the TOC decide to prosecute you then you have a few options:

1) Defend your case in court by pleading not guilty. You'll need to be able to defeat the evidence that the prosecution will bring against you. Further if you're found guilty you'll not only face a fine and potentially a criminal record but also the other sides costs (you would also lose the advantage in sentencing of an early guilty plea potentially reducing the fine).

2) Plead guilty and accept a fine and potential criminal record.

3) Write directly to the TOC apologising for your actions and offering to pay the fare outstanding and whatever costs they've incurred so far. They may opt to accept a payment from you directly and avoid court or they may wish to proceed to court.

Finally, and especially if they do take you to court, you should strongly consider seeking professional legal advice even if it's only a 30 minute free consultation. Whilst specialists in railway law are available they are not common and charge a great deal for their services. However, a local firm dealing in criminal law defence should be able to provide adequate assistance.

You may wish to consult the Legal section of our Ticketing Guide for more information and with particular reference to this section and this section.

 

[Embarrassed93]

I am aware that they have not yet sent me a letter but I'm so panicked by this that I thought it might be wise to have one drafted. What do you think of this?

Dear Sir or Madam,

Friday 4th September 2015

Over the Summer, while on work placement, I have driven from Brighouse to Cottingley and then caught the train into the city centre to avoid having to drive and park in the city centre. The cost of this journey is £2.20 either way. On 04/09/15 I overslept and decided that it would take too long to make the drive to Cottingley and as such rushed to get the train from Brighouse. I made this train by the skin of my teeth after having to run for it.

There is no ticketing facility at Cottingley Station, nor at Brighouse so it made no change that I had to go to the ticket desk in Leeds station to purchase a ticket. I was in a rush being very late for work and when the gentleman asked where I had travelled from out of force of habit more than anything else I said I had come from Cottingley, as I had done for the past 4 months.

I was then stopped by another Northern Rail employee who asked for a short fare voucher, because I didn’t know what this was he explained that there would have been a Northern Rail employee on the platform; I explained that I had run for the train and hadn’t seen anyone on the platform. Then the gentleman rang to speak to whoever had been handing out vouchers to ask if they had seen me run for the train and it was then that I realised he was talking about Cottingley station and that I had made a mistake. I realise now that this was my opportunity to tell the truth, that I had in fact come from Brighouse and the only reasons I can provide as to why I didn’t are blind panic and sheer stupidity. Where the initial mistake was genuine I realise that not owning up to it was wrong.

I am mindful that my actions will have caused irreparable inconvenience for Nothern Rail and also cost them financially. After researching I understand completely the severity of my actions and cannot stress enough how apologetic I am for them. I would like to remedy the situation and hopefully prevent it escalating any further. I am sincerely hopeful that this can be achieved by offering to pay the difference in fare and any administrative costs that may have been incurred as a result of my stupidity.

I would like to reiterate again how sorry I am and provide Northern Rail with a firm assurance that this will never happen again.

Kind regards

 

[island]

To explain the short fare voucher thing – because some passengers attempt to buy a fare on arrival for a shorter distance than that actually travelled, from time to time Northern send employees to the last unstaffed stations before a major terminus to give out vouchers proving that the passenger joined the train at that station that day. A passenger asking for a fare from a station without having such a voucher may be concluded to have boarded at an earlier station and may be thought to be attempting to dishonestly evade the fare.

 

[najaB]

Hi all, I was wondering if you could help me.

What I want to know is what happens now? And am I likely to be prosecuted?

First off, to your thread title - unfortunately there's no 'possible' about it or question mark required. As far as the TOC is concerned it is a case of fare evasion.

I agree with ainsworth74 that the TOC has all the evidence they need to proceed with a prosecution, and it would be highly likely to be successful. So you really have to choose between the second and third option he presented.

Option 3 is the best possible outcome - in order to achieve it you need to convince the TOC's prosecutors that taking you to court isn't the best use of their time and resources. A well written letter, featuring an honest and open admission that you were in the wrong, recognising the impact that fare evasion has on them and a convincing statement that you have learned your lesson may have the desired effect. The letter you have posted is a good start.

If it doesn't then an early guilty plea will reduce the financial penalty.

 

[Embarrassed93]

You say it's a good start, what do you think I am missing?

I am very thankful for all the advice

 

[bb21]

You say that you regularly park at Cottingley and join the train there. Do you have any past tickets to back up your story?

 

[Embarrassed93]

You say that you regularly park at Cottingley and join the train there. Do you have any past tickets to back up your story?

Unfortunately not, I never imagined I would need them again. This is all turning into quite the palaver

 

[34D]

If northern rail check their CCTV over the past few months will they see you on the platform at cottingley or at brighouse?

It seems an unusual place to go, bearing in mind that cottingley only has an hourly train service to Leeds, brighouse having two direct plus opportunities to change. Why buy singles cot-lds and vice versa at £2.20 each instead of a return at £3.30? Then there's the bus park and ride not far from Cottingley at £3 a day with frequent buses http://www.wymetro.com/park-and-ride/

 

[Embarrassed93]

Why buy singles cot-lds and vice versa at £2.20 each instead of a return at £3.30? Then there's the bus park and ride not far from Cottingley at £3 a day with frequent buses http://www.wymetro.com/park-and-ride/

This is because there has been another person at work who has sometimes dropped me back at my car so i continued to get singles on the off chance they would be leaving the office the same time as me, I think if I looked back through my diary I could piece together rough times and dates of when I have caught the morning train from Cottingley if you think this would help?

 

[Clip]

If northern rail check their CCTV over the past few months will they see you on the platform at cottingley or at brighouse?

Months? it generally lasts for 30 days before it gets written over again

 

[Haywain]

So, let's get this straight - you were driving around 20 miles each day to save a maximum of £5.70 of train fare (the difference between a single from Cottingley and a day return from Brighouse)?

 

[Embarrassed93]

So, let's get this straight - you were driving around 20 miles each day to save a maximum of £5.70 of train fare (the difference between a single from Cottingley and a day return from Brighouse)?

I'm a new driver, I've been doing it to practice my driving before I start making the trip to Newcastle and back every week. I know it sounds ridiculous but it is true I swear.

 

[jon0844]

Why would you pay more on the basis that you might get a lift every now and then. If I buy a return ticket and get offered a lift, I 'lose' the money I paid for that return - but I got a (presumably) more convenient method of transport and can just imagine I got the train if I really want.

Sorry but your story doesn't sound very believable. Of course, it matters not what I think - but you need to convince the train company that this story is believable.

And if it IS true then I suggest you sit down and work out a more cost effective way of doing things in the future. Sounds like you've been throwing money down the toilet for no good reason.

 

[Embarrassed93]

Why would you pay more on the basis that you might get a lift every now and then. If I buy a return ticket and get offered a lift, I 'lose' the money I paid for that return - but I got a (presumably) more convenient method of transport and can just imagine I got the train if I really want.

Sorry but your story doesn't sound very believable. Of course, it matters not what I think - but you need to convince the train company that this story is believable.

And if it IS true then I suggest you sit down and work out a more cost effective way of doing things in the future. Sounds like you've been throwing money down the toilet for no good reason.

This was more to practice my driving than to save money, and it has been more likely than not that I have got a lift back to my car at night, I think I only needed to get a train in the evening 4 times in total. Should I detail all this in my letter? I was trying not to put too much superfluous information in there.

 

[najaB]

Should I detail all this in my letter? I was trying not to put too much superfluous information in there.

It wouldn't hurt to include it, but just a summary - e.g. "I bought single tickets as I sometimes got a lift back to Cottingley." You don't need to include the detail about being a new driver, etc.

 

[Haywain]

It wouldn't hurt to include it, but just a summary - e.g. "I bought single tickets as I sometimes got a lift back to Cottingley." You don't need to include the detail about being a new driver, etc.

Usually works better than sometimes. I think the less detail the better, as the plausibility has reduced in line with the detail given. You've been caught, bang to rights, but if you say the right things when you write back to Northern ("sorry, lesson learned, never again") they will probably settle for an administrative fee plus the fare due.

 

[Embarrassed93]

Usually works better than sometimes. I think the less detail the better, as the plausibility has reduced in line with the detail given. You've been caught, bang to rights, but if you say the right things when you write back to Northern ("sorry, lesson learned, never again") they will probably settle for an administrative fee plus the fare due.

I fully appreciate that I am in the wrong here, and I'm kicking myself for not just admitting this in the first place.

Thank you so much everyone for the helpful comments and suggestions.