ticket fraud

[ss]

Good evening,

I have some questions regarding something that happened to day and I was hoping I may be able to get a little advice.

I took a train this morning and dashed through the barriers because I was running late, thinking I would just be able to pay at the end station.

When I got off the train, I bought a ticket, not from the station I left from but from the previous stop paying a couple of pounds instead of the £15 or so fare. Once I paid, I got pulled over to the side and questioned, and after a couple of questions I admitted what I'd done and said I was really sorry, that I was in a massive rush and just didn't think and just remembered the name of the last stop.

The gentleman took my details and wrote all of this down, warning me that I had committed fraud and that I would be sent a letter requesting my version of events, and that the situation would be dealt with according to my response.

I know I was entirely stupid. I buy full train tickets pretty much every day, but for some reason today I didn't and I feel rather quite sick after reading a little bit up on the internet today. I don't even know what was running through my head, I literally just didn't think and I didn't think the ticket officers would care that much as long as I had a ticket. Obviously I now know I was entirely wrong.

I am now incredibly anxious. Does anybody know what the punishment for this is? I would pay any fine to avoid going to court and getting a criminal record, but I have a horrible feeling that this won't be possible.

I am expecting a letter in the next couple of weeks requesting some response. What is the best way to reply to this?

I know what I did was incredibly silly and wrong, and I feel just awful thinking about it. I would appreciate any advice that anybody could give me though.

Many thanks.

 

[34D]

See what happens. Which TOC was this?

Start saving for a (possible) settlement of low to mid three figures.

Post back here when something is received.

 

[tony6499]

You will receive a letter asking you for your explanation but I'd say you are bang to rights and very possibly you'll end up in court facing a criminal record.

You need a solicitor competent in such matters if that occurs

 

[yorkie]

I would pay any fine to avoid going to court and getting a criminal record, but I have a horrible feeling that this won't be possible.

A fine would come with the criminal record, if you are found (or plead) guilty in Court.

What you refer to is an out of court settlement.

Have you read the Disputes section of our RailUK Fares & Ticketing Guide?

 

[island]

A fine would come with the criminal record, if you are found (or plead) guilty in Court.

Depends on the offence for which one were convicted.

 

[cuccir]

I am expecting a letter in the next couple of weeks requesting some response. What is the best way to reply to this?
.

Standard advice:

Reply by stating what happened factually, concisely, apologetically. Don't try and excuse through blaming anyone else, but do offer any mitigation that you can. If you're a regular fare paying customer mention that, but don't over-emphasise the point. Remember that everything you write could be used in court if it got that far. Offer to pay the fare owed and administrative costs.

In the vast majority of cases, doing the above will result in people who have not had any previous incidents being offered an out of court settlement, though of course we cannot guarantee that the TOC will go this way.

It's worth mentioning that advice might vary if there are any aggravating factors (this is when you should contact a solicitor), or if there are any actions which suggest that the TOC has behaved unfairly. Neither of these seem to be the case from your post.

 

[Stigy]

Good evening,


I am expecting a letter in the next couple of weeks requesting some response. What is the best way to reply to this?

I know what I did was incredibly silly and wrong, and I feel just awful thinking about it. I would appreciate any advice that anybody could give me though.

Many thanks.

Hi, I certainly wouldn't expect a letter that soon after the event. It's more realistic to be waiting around 4-8 weeks for a letter depending on the TOC's workload.

It's not entirely out of the question that you'll be offered the chance to accept a final warning and pay reasonable admin costs to stay out of court, as long as it's a first offence. Unfortunately though, if they do proceed to court, you're pretty bang to rights if what you've said is accurate.

 

[Fare-Cop]

I took a train this morning and dashed through the barriers because I was running late, thinking I would just be able to pay at the end station.

When I got off the train, I bought a ticket, not from the station I left from but from the previous stop paying a couple of pounds instead of the £15 or so fare.

It might help if we knew which TOC this was on, we don't really need station details, times etc., but some companies do take a harder line than others and it may help indicate the likelihood of a sympathetic response.

Whilst there is certainly no harm in attempting to settle this by writing to the TOC to offer an unmitigated apology. As Cuccir says, stick to the facts, offering to pay the fare and any administration costs that the TOC has reasonably incurred.

I do think it is pertinent to point out that in general terms, you should prepare for the strong likelihood of prosecution.

For me, the two relevant pieces from your post are quoted above.

You say you 'dashed through the barrier'. Are you saying that you passed through barrier gates close behind another traveller who was using a ticket or was this an 'open' station, without gates although staff may check people as they enter?

Either way, the TOC could lay a charge alleging an offence contrary to National Railway Byelaw 18.1 (2005), which is a strict liability matter and does not result in a criminal record if convicted, but given the rest of your post I think a charge of intending to avoid a fare is much more likely.

It seems that you showed a deliberate intent to avoid paying your fare by offering a lesser fare than that due for the journey that you had a made.

Having admitted that fact when questioned by an inspector makes it virtually certain that an offence contrary to Section 5 of the Regulation of Railways Act (1889) will be laid in my opinion.

The prosecutor can lay both charges if necessary.

I'm sorry to be pessimistic, but I think it is important to be fully prepared and do be aware that the TOC do not have to agree settlement in such cases.

 

[ss]

Thank you very much for all of your advice. I'm trying now to prepare myself for the worst so that it won't be too much of a shock when I receive my letter.

The train company was Arriva Trains Wales. As far as I can tell from my (perhaps excessive) reading on this, they seem to take a pretty hard line approach.

Thanks again for your comments.