Perfanneigh
New Member
Hi everyone
First time posting and looking for some advice.
My partner traveled today from Walton-On-Thames to London Waterloo using an expired 26-30 railcard. They were stopped by protection officers upon exiting at Waterloo, and when asked to present a railcard with the ticket explained they did not have one. A report for prosecution was issued with the reason of 'discount not entitled (no railcard)'. We do not dispute the offence and my partner offered to pay at the time, the encounter with the staff was cordial and my partner was apologetic.
As my partner became very anxious during the encounter, they explained to the officer that they did not have a railcard (which was true). What was not detailed is that they have had a valid railcard previously (it expired in September) and the majority of previous journeys in their travel history would have been valid with this card. Having reviewed their journey history, we have identified that they have traveled on a further 3 journeys as well as today's using the railcard discount since it expired. They accept this was wrong and that there are likely to be consequences for this.
From previous advice from this forum it looks as though there may come the chance to settle out of court with SWR in order to avoid prosecution - likely an admin fee and anytime singles x2 for the invalid journeys. However there are a few questions we have that we would appreciate your advice on:
1. Will SWR likely try and charge for ALL railcard journeys in my partner's travel history, given that they might think my partner has never had a valid railcard from what their officer was told? This is a big worry for us as this would push any settlement amount presumably from hundreds into thousands. If so, will presenting evidence of their previously valid railcard be enough to clarify that only 4 journeys were made that were invalid? We still have their most recently expired railcard on the railcard app so hopefully this would be sufficient? Would previous year's railcards likely be required as evidence as well?
2. Are they likely to interrogate other journeys made in their history for reasons not related to railcards? My partner is adamant they haven't tried to game the system in other ways but occasionally the gates at Walton are open and we will walk through without scanning our tickets. Is there a risk that this could be flagged as attempts to short? (We travel from Walton all the time so I would hope this would not be viewed as anything malicious)
3. Is there any current estimate for how long it might take to receive the letter? We also provided an email address however the prosecution notice only mentions writing to us and it appears all correspondence on here is in writing so we assume this is how the contact will arrive? (appreciate you may not be able to answer this)
4. The address my partner provided is the home address of their parents rather than our current residence (they provided this as this is what matches their licence). We visit regularly and of course their parents would be in regular contact if the letter arrives, but it would be much more convenient for the letter(s) to arrive to our residence. I understand advice on the forums suggest not reaching out first, however is it wise to email SWR to ask this be adjusted? We are also very conscious that we do not want this to appear as though they gave a false address as we understand this is an offence in of itself.
Appreciate any advice you are able to provide, my partner is in extreme distress over this and are spiraling, so I'm really just looking for any clarity on what to expect at this early stage. We both appreciate the seriousness of this and they will not make the mistake again!
First time posting and looking for some advice.
My partner traveled today from Walton-On-Thames to London Waterloo using an expired 26-30 railcard. They were stopped by protection officers upon exiting at Waterloo, and when asked to present a railcard with the ticket explained they did not have one. A report for prosecution was issued with the reason of 'discount not entitled (no railcard)'. We do not dispute the offence and my partner offered to pay at the time, the encounter with the staff was cordial and my partner was apologetic.
As my partner became very anxious during the encounter, they explained to the officer that they did not have a railcard (which was true). What was not detailed is that they have had a valid railcard previously (it expired in September) and the majority of previous journeys in their travel history would have been valid with this card. Having reviewed their journey history, we have identified that they have traveled on a further 3 journeys as well as today's using the railcard discount since it expired. They accept this was wrong and that there are likely to be consequences for this.
From previous advice from this forum it looks as though there may come the chance to settle out of court with SWR in order to avoid prosecution - likely an admin fee and anytime singles x2 for the invalid journeys. However there are a few questions we have that we would appreciate your advice on:
1. Will SWR likely try and charge for ALL railcard journeys in my partner's travel history, given that they might think my partner has never had a valid railcard from what their officer was told? This is a big worry for us as this would push any settlement amount presumably from hundreds into thousands. If so, will presenting evidence of their previously valid railcard be enough to clarify that only 4 journeys were made that were invalid? We still have their most recently expired railcard on the railcard app so hopefully this would be sufficient? Would previous year's railcards likely be required as evidence as well?
2. Are they likely to interrogate other journeys made in their history for reasons not related to railcards? My partner is adamant they haven't tried to game the system in other ways but occasionally the gates at Walton are open and we will walk through without scanning our tickets. Is there a risk that this could be flagged as attempts to short? (We travel from Walton all the time so I would hope this would not be viewed as anything malicious)
3. Is there any current estimate for how long it might take to receive the letter? We also provided an email address however the prosecution notice only mentions writing to us and it appears all correspondence on here is in writing so we assume this is how the contact will arrive? (appreciate you may not be able to answer this)
4. The address my partner provided is the home address of their parents rather than our current residence (they provided this as this is what matches their licence). We visit regularly and of course their parents would be in regular contact if the letter arrives, but it would be much more convenient for the letter(s) to arrive to our residence. I understand advice on the forums suggest not reaching out first, however is it wise to email SWR to ask this be adjusted? We are also very conscious that we do not want this to appear as though they gave a false address as we understand this is an offence in of itself.
Appreciate any advice you are able to provide, my partner is in extreme distress over this and are spiraling, so I'm really just looking for any clarity on what to expect at this early stage. We both appreciate the seriousness of this and they will not make the mistake again!