Report rather than penalty fare

[W0rrying123]

I have had a report made about me this morning by a Ticket inspector (travelling without a “valid” ticket) where they operate a penalty fare scheme. I assume this is a matter of the inspector’s discretion to do a report as opposed to issuing a penalty fare? And if so have I just been unlucky to be reported rather than a penalty fare? I assume there’s nothing I can do about that if it is discretion.

This is a first offence (I provided full details and driving licence to confirm details and was otherwise cooperative) and it seems from other threads I simply have to wait for the letter to come through before I can see if I can settle this? Might I just get a court summons or do they usually write to you before if it is a first offence? I’ve read stuff about a Single Justice Procedure and am concerned about a conviction (albeit it seems from people in similar positions that I may well be able to settle).

like others in this part of the forum, im really worried about what might happen. Particularly as the train inspector wouldn’t tell me when I would hear further.

 

[Gloster]

I could say welcome to the forum, but I have no doubt you would rather not be here. You will get some wise advice from some knowledgeable people on this forum (I am not one of them), but as it is late on a Saturday it may take a day or two for them to answer. At the moment, as I understand it (again, I am not an expert), you can only wait for ‘the railway’ to contact you, by which time you should have been well-informed of what best to do.

 

[zwk500]

I can't offer any specific advice, but will quote the following from @Hadders who is often able to help. Do bear in mind that this is intended to be generic advice for the most common cases we see. If your worry is about wanting to settle, then it will vary from TOC to TOC depending on policy.

I've put below the advice I normally give to people who request help from the forum in similar circumstances to yours.

You are likely to receive a letter from the train company (or an investigation company acting on their behalf) which will probably take a few weeks to arrive saying that they have received a report, are considering prosecuting you and asking for your version of events. It is important that you engage with and reply to this letter. You might want to include the following in your reply:

- That you are sorry for what has happened
- What you have learned from the incident
- That you are keen to settle the matter without the need for court action
- Offer to pay the outstanding fare and the train company's administrative costs in dealing with the matter

Make sure your reply is short and concise, don't give a sob story - they've heard it all before. Most train companies are usually prepared to offer an administrative settlement (commonly known as an out of court settlement) for people who engage with the process and who haven't come to their attention before. There is no guarantee of this and the train company would be well within their rights to prosecute you in the magistrates court.

If you are offered a settlement the amount varies depending on the train company and circumstances but tend to be a few hundred pounds plus the outstanding fare. An out of court settlement might appear to be a fine, but it isn't and you won't have a criminal record as a result of accepting one.

Feel free to post a copy of the letter when it arrives (with personal details removed) and I'm sure members on here will be happy to assist in proof reading your reply. In the meantime I'm afraid it's a waiting game, there's no point in engaging a solicitor at this stage (and you almost certainly won't need to either).

(this particular post was on this thread: https://www.railforums.co.uk/thread...hen-no-railcard-was-held.221645/#post-5286024)

 

[6Gman]

I have had a report made about me this morning by a Ticket inspector (travelling without a “valid” ticket) where they operate a penalty fare scheme. I assume this is a matter of the inspector’s discretion to do a report as opposed to issuing a penalty fare? And if so have I just been unlucky to be reported rather than a penalty fare? I assume there’s nothing I can do about that if it is discretion.

This is a first offence (I provided full details and driving licence to confirm details and was otherwise cooperative) and it seems from other threads I simply have to wait for the letter to come through before I can see if I can settle this? Might I just get a court summons or do they usually write to you before if it is a first offence? I’ve read stuff about a Single Justice Procedure and am concerned about a conviction (albeit it seems from people in similar positions that I may well be able to settle).

like others in this part of the forum, im really worried about what might happen. Particularly as the train inspector wouldn’t tell me when I would hear further.

"Travelling without a valid ticket" can cover a wide range of circumstances and will influence both the Inspector's response and the subsequent approach of the Train Operating Company and/or their agents.

 

[W0rrying123]

Thanks for the replies. Sounds like many people have been in similar situations so I should just wait it out and see what happens. Fingers crossed I can settle.

 

[mikeg]

It may help to know your starting station , possibly the journey undertaken and what if any ticket was held?

 

[island]

And to answer the other part of your question, no, a Penalty Fare is not something you're "entitled to" or "guaranteed"; it is a way of resolving a situation where a passenger's error has meant they didn't or couldn't present a valid ticket on demand. An inspector is allowed to report for prosecution if he or she feels such a course is more appropriate; this would include (but is not limited to) scenarios where he or she is of the view that an intentional attempt to avoid the fare was made.

 

[jumble]

And to answer the other part of your question, no, a Penalty Fare is not something you're "entitled to" or "guaranteed"; it is a way of resolving a situation where a passenger's error has meant they didn't or couldn't present a valid ticket on demand. An inspector is allowed to report for prosecution if he or she feels such a course is more appropriate; this would include (but is not limited to) scenarios where he or she is of the view that an intentional attempt to avoid the fare was made.

Indeed it could easily include the scenario where the inspectors penalty fare book has run out of pages

 

[island]

Indeed it could easily include the scenario where the inspectors penalty fare book has run out of pages

Most of them issue from a smart device and thermal portable printer these days, but I suppose that could break down.

 

[yorkie]

I have had a report made about me this morning by a Ticket inspector (travelling without a “valid” ticket) where they operate a penalty fare scheme. I assume this is a matter of the inspector’s discretion to do a report as opposed to issuing a penalty fare? And if so have I just been unlucky to be reported rather than a penalty fare? I assume there’s nothing I can do about that if it is discretion.

Each company may have its own policies in this area, but Chiltern (for example) take the following view:

https://www.chilternrailways.co.uk/sites/default/files/files/timetables/Chiltern Penalty Fares.pdf

A Penalty Fare is a charge that Chiltern Railways is allowed
to make under the Regulations and Rules. It is not a fine, and
anyone who is charged one is not being accused of avoiding,
or attempting to avoid, paying their fare.
‘Fare dodging’ is a completely different matter: it is a criminal
offence and we treat it as such by prosecuting offenders

So if an inspector believes a passenger may be fare dodging, which would be a criminal matter, they may choose to take details, rather than treat the matter as a mistake and issue a fare.

They will write to you; they may ask for your version of events, they may invite you to settle the matter out of court by reaching an out of court settlement. It is highly unlikely that a train company would go straight to court at this stage.

There is nothing to go by in your original post for us to do anything other than make a completely wild guess which won't be helpful. However I understand why you may not want to divulge more information but it does mean we can't provide any meaningful advice.

 

[jon0844]

Most of them issue from a smart device and thermal portable printer these days, but I suppose that could break down.

There is a move to do PFs and MG11s online, but I expect the rollout is not going to be overnight.