Potential Prosecution

[Jd66]

Hi
I would like some help please. I bought an advance ticket from London Marylebone to Bicester about 2 weeks prior to my journey for work. I was poorly and came home early from work and the ticket wasn’t valid.
Genuine mistake as I really was poorly.
Sat with conductor and gave all my details and then had a letter. I wrote one back stating I complied, was poorly and the conductor didn’t have a machine to pay so took my details. I have an unblemished record and never did this before. Sent back details of ticket and that it was a genuine mistake. Now I have had a letter stating that the rail company report alleges that I boarded the train with the intention without having previously paid the correct amount and the company is entitled to consider whether a charge of “intent to avoid a fare” could be alleged. These are matters that may be summoned for hearing before a magistrates court.
I have 14 days to make comment or represent.
Should I get a solicitor or how’s best to proceed. I am really worried about this.
Thanks J

 

[island]

Why didn't you pay the extra at the ticket office before joining the train?

 

[Jd66]

Because I wasn’t in the right frame of mind at the time. I was sick and having serious stomach issues at work just wanted to get next to a bathroom. I totally understand it’s my fault though just need help going forward as I have never been in this situation.

 

[island]

It is often the case that passengers dealing with Chiltern Railways' agent Transport Investigations Limited have to write back two or even three times before they are offered an out of court settlement.

You should write back and ask if the case can be resolved out of court by you offering to pay the unpaid fare and a contribution to the administrative costs of the train company in dealing with the matter. Have a browse of the forum and you will see a number of drafted mails of this sort.

 

[Jd66]

Thank you Island, your help is really appreciated.

 

[John R]

If you do look at some of the emails drafted on this board then try to avoid those that are written in cringy AI generated language. All you have to do is write in plain English that you are very sorry, and would not be possible to settle it out of court by payment of the date due and an amount to cover their costs. We’ll be happy to review any draft you post here.

 

[Jd66]

Thank you Brissie Girl. I have found this and amended if you could review that would be most appreciated. Thanks again


Dear Sir/Madam,

I am writing in response to the letter I received from TIL dated the 8th May 2024

Firstly, I would like to express my sincerest apologies for the incident that led to this charge. I understand that my action was wrong and that it has caused a massive inconvenience to yourselves.

I fully acknowledge the seriousness of the charge and the impact it could have on my future.

As a result, I would like to take this opportunity to request that this matter is settled out of court.

I really have learned from this experience and understand the importance of following the rules and regulations when using public transport.

I am keen to resolve this matter as quickly and smoothly as possible without the need for court action. I am more than willing to pay the outstanding fare and any administrative costs incurred by TIL or Chiltern Railways in dealing with this matter.

I hope that you will consider my request to settle this matter out of court and avoid any further escalation.

Thank you for your understanding.

Sincerely,

 

[John R]

Thank you Brissie Girl. I have found this and amended if you could review that would be most appreciated. Thanks again


Dear Sir/Madam,

I am writing in response to the letter I received from TIL dated the 8th May 2024

Firstly, I would like to express my sincerest apologies for the incident that led to this charge. I understand that my action, although unintentional, was wrong and that it has caused a massive inconvenience to yourselves. so I will ensure that I have a correct ticket in future, and in particular that I only travel on the booked train if travelling with an Advance ticket.

I fully acknowledge the seriousness of the charge and the impact it could have on my future, and as a result, I would like to ask take this opportunity to request that this matter is settled out of court.

I really have learned from this experience and understand the importance of following the rules and regulations when using public transport.

I am keen to resolve this matter as quickly and smoothly as possible without the need for court action. I am would be very grateful if you would permit me more than willing to pay the outstanding fare and any administrative costs incurred by TIL or Chiltern Railways in dealing with this matter.

I hope that you will consider my request to settle this matter out of court and avoid any further escalation.

Thank you for your understanding.

Sincerely,

Feel free to accept as many of the changes as you wish. Though I think the reference to being willing should be replaced by "very grateful" as you want to come across as asking very nicely. "Willing" suggests that you have some say in the matter, whereas of course the ball is very much in Chiltern's court.

Good luck - I hope you are successful, and please do let us know the outcome in due course.

 

[WesternLancer]

Thank you Brissie Girl. I have found this and amended if you could review that would be most appreciated. Thanks again


Dear Sir/Madam,

I am writing in response to the letter I received from TIL dated the 8th May 2024

Firstly, I would like to express my sincerest apologies for the incident that led to this charge. I understand that my action was wrong and that it has caused a massive inconvenience to yourselves.

I fully acknowledge the seriousness of the charge and the impact it could have on my future.

As a result, I would like to take this opportunity to request that this matter is settled out of court.

I really have learned from this experience and understand the importance of following the rules and regulations when using public transport.

I am keen to resolve this matter as quickly and smoothly as possible without the need for court action. I am more than willing to pay the outstanding fare and any administrative costs incurred by TIL or Chiltern Railways in dealing with this matter.

I hope that you will consider my request to settle this matter out of court and avoid any further escalation.

Thank you for your understanding.

Sincerely,

I might be tempted to perhaps at least add in something short about being on an earlier train than ticket booked for due to feeling extremely unwell and wishing to get home urgently, but you now understand that this was wrong thing to do. At least gives a bit of genuine context.

 

[John R]

I might be tempted to perhaps at least add in something short about being on an earlier train than ticket booked for due to feeling extremely unwell and wishing to get home urgently, but you now understand that this was wrong thing to do. At least gives a bit of genuine context.

Yes, agree with that.

 

[Titfield]

Perhaps I am again being too critical of this letter but it does not seem to me to accord with the "facts" as provided by the OP in their first post.

Your draft letter has you apologising for an incident that of being taken ill.

Surely you should be saying that unfortunately you were taken ill at work and that it was in your best interests to return home earlier than planned.

Regretably your ticket was not valid as it was an advance ticket valid only for one specific train. Due to your illness you were not thinking clearly and rationally. You did not remember to visit the station ticket office to pay to change the ticket for one valid on the train you would now be travelling on.

You sincerely apologise for this, failing to pay to change the ticket, and that you would be very grateful if TIL and Chiltern Railways would accept payment for the additional fare due plus any administration costs incurred by TIL or Chiltern Railways in dealing with this matter.

 

[WesternLancer]

Perhaps I am again being too critical of this letter but it does not seem to me to accord with the "facts" as provided by the OP in their first post.

Your draft letter has you apologising for an incident that of being taken ill.

Surely you should be saying that unfortunately you were taken ill at work and that it was in your best interests to return home earlier than planned.

Regretably your ticket was not valid as it was an advance ticket valid only for one specific train. Due to your illness you were not thinking clearly and rationally. You did not remember to visit the station ticket office to pay to change the ticket for one valid on the train you would now be travelling on.

You sincerely apologise for this, failing to pay to change the ticket, and that you would be very grateful if TIL and Chiltern Railways would accept payment for the additional fare due plus any administration costs incurred by TIL or Chiltern Railways in dealing with this matter.

Yes, very much the sort of points to be made I think.

 

[Haywain]

I fully acknowledge the seriousness of the charge and the impact it could have on my future.

I think a railway company, and their agents, will be more interested in whether you understand the impact that fare evasion has on the company. In view of that I would suggest taking this line in a different dorection.