Used wrong railway card

[Krishi]

I was travelling to uni. I dont go in often from Norbury to Falmer and I used the wrong railcard. I used 16-17 instead of 18-25. I was extremely stressed that day as I was rushing for an exam and my mum was also unwell which I am a carer for and have proof of. I got an intent to prosecute but I moved away for uni so the letters lost aswell. There were times when I actually did use the 16-17 because I genuinely couldn't afford the tickets however, no one ever minded. Can anyone further advise me on what to do? It was in may and I got a letter in September is that normal? that feels a bit too late.

 

[notmyrealname]

Hi, welcome to the forum.

I expect the forum pros will be here later to advise you. It would be helpful to see any correspondence that you have please, so we can see what's happened. Make sure you redact your personal information and their reference number.

 

[WesternLancer]

I was travelling to uni. I dont go in often from Norbury to Falmer and I used the wrong railcard. I used 16-17 instead of 18-25. I was extremely stressed that day as I was rushing for an exam and my mum was also unwell which I am a carer for and have proof of. I got an intent to prosecute but I moved away for uni so the letters lost aswell. There were times when I actually did use the 16-17 because I genuinely couldn't afford the tickets however, no one ever minded. Can anyone further advise me on what to do? It was in may and I got a letter in September is that normal? that feels a bit too late.

Welcome. You will get helpful advice here on what you can do.

Yes. It can take some time for them to process letters like this even though they require you to respond to them promptly.

Claiming a discount for a railcard you don’t have means your ticket was not valid and travel without a valid ticket is a criminal offence in England. They are entitled to prosecute you in the magistrates court for this if they opt to do so.

Your response to this letter is your chance to request they don’t do that but they won’t consider the reasons you have mentioned here as reasonable excuses / justification for your actions. Being in a rush doesn’t mean it takes less time to buy the correct ticket and you have done this before presumably because you know you get a bigger discount with that railcard. Unfortunately many people find it difficult to afford rail fares, but manage to pay correctly, so again neither the railway company or the court will consider that a justification I’m afraid. As a student/ young person you are entitled to discounted fares with the correct railcard and that is because there is a general acceptance that your income might be lower than other people’s.

The ‘good news’ is that if you reply to this letter appropriately (see lots of other threads for examples ) they will likely offer you an out of court settlement but you will have to pay the correct full fares for any journey at the punitive Anytime peak adult fare with no allowance given for what you did pay, usually with an Admin fee of around £100 on top.

Be aware they can access your ticket buying records and it’s likely they will seek payment for other occasions you did this but we’re not previously detected.

As mentioned it will help if you can upload a copy of your letter with all your personal details and ref numbers obscured so people here can check exactly what they are saying to you about this at this stage to advise you best on how to respond to get the least worst outcome.

What is the deadline they want you to reply by as stated on their letter? It’s usually about 14 days from the letter date.

 

[Mcr Warrior]

@Krishi. Welcome to the forum. An Anytime Day Single from Norbury to Falmer is currently £33.10 per one-way journey, or £31.90 if from Falmer back to Norbury. A return journey is likely to be charged as 2 x singles (i.e £65.00 in total), with no allowance made for whatever amounts have already incorrectly been paid. In addition, you'll likely have to pay the train company a three figure investigation + admin fee, as @WesternLancer has already said.

Reckon you're probably dealing with (GTR) Govia Thameslink Railway, who are usually, but not necessarily always, amenable to offering "out of court settlements" although this is entirely up to them.

If you've been routinely buying/using inappropriately discounted 16-17 Saver railcard tickets, and have bought them online, it should be straightforward enough for GTR to determine just how many incorrect tickets you've bought/likely used. Take it that you do actually have a valid, in date, 16-25 railcard for other journeys?

 

[Haywain]

I used 16-17 instead of 18-25. I was extremely stressed that day as I was rushing for an exam and my mum was also unwell which I am a carer for and have proof of.

The stuff about being stressed just isn’t true, is it, because:

There were times when I actually did use the 16-17 because I genuinely couldn't afford the tickets however, no one ever minded.

And you will shortly find out that someone - the train company - does mind. What you mean is that you weren’t pulled up for it and concluded that it was acceptable to continue.

Fortunately, you are dealing with GTR who usually settle out of court, and are quite reasonable in what they ask as a settlement.

 

[WesternLancer]

@Krishi
It will help, as mentioned, if we can actually see what they are saying to you in your letter - but in general terms the way to avoid prosecution for this (the result of which would be a court fine and costs likely to be higher than persuading them to let you settle this out of court) plus a criminal record for fare evasion, is to co operate with them and respond to the letter you have received with the objective of:

- apologising for what has happened
- making it clear that you understand why what you did was wrong
- making it clear that you will not do this again and that you will pay the correct fare on every occasion going forwards
- asking them if they will kindly be prepared to let you settle the matter with the the need for court action

- If you draft a response of a reply to them here before you send it - people will check it for you if that will help.

- when you reply you usually have to send that in hard copy post - you should post it tracked postage from a post office so that you can be sure it arrives and be able to prove that if you need to do so at any point in the process.


From another thread here's a framework you can use to write back to the railway company. Be aware that they may read this forum and tie any information you post back to your case.

Overall aim to keep your response succinct and to the point, whilst ensuring it is polite at all times. Remember you are not in a strong position here

Paragraph 1: Acknowledge and Address the Incident

• Start by thanking them for their letter and clearly stating the date of their letter and also use any reference number they have issued on any paperwork you have
• Immediately identify the specific incident they're referring to, including the date of travel and the stations involved
• State directly that you are writing in response to this incident.

Paragraph 2: Accept Responsibility for the Specific Incident

• Clearly state that you accept responsibility for not having a valid ticket for your journey
• Briefly explain what happened regarding the ticket purchase (eg bought a ticket using a railcard that you do not actually possess), and acknowledge that you understand this was incorrect

Paragraph 3: Express Remorse and Impact

• State that you regret your actions. You could for example apologise for 'making a serious error of judgement' in what you did
• You could mention briefly that you are a student and have had difficult financial circumstances, but they won't be interested in a sob story

Paragraph 4: Propose a Settlement

• Clearly state that you hope to resolve this matter through an out-of-court settlement if they would be sympathetic to allowing this. This signals your intention to avoid court proceedings.
• Confirm your willingness to pay any outstanding fare for the journey and to cover their administration costs.
• Conclude by asking what further information or action they require from you to facilitate this resolution.

Unless they are asking you about other occasions when you have done this (and you have to be prepared that they may do this subsequently if they have not done it yet) do not mention the additional occasions when you have done this. Here's why this is crucial:

• Disclosing them now would be an admission that could be used against you, potentially leading to further demands for payment for those specific journeys, or even separate prosecutions. You are only obligated to respond to the particular allegations for which they present evidence for.
• Burden of Proof: The burden of proof for any alleged offence lies with the railway company. Don't provide them with evidence to strengthen a case they may not even have or could not otherwise prove for those other trips.

Your goal is to resolve this specific matter with a settlement and avoid further complications.

Separately to this
as a student you may be able to get help about this from your student union advice service - though I would expect them to give similar advice to that provided here but you might still find it helpful to ask them
However, if this letter has been waiting for you since earlier in September, time is of the essence in replying, if you delay this will automatically escalate to court action which is what happens with all the cases we see where people ignore these letters

Separately, obviously your distance from uni and the fact that you have to help care for your mum means you probably have a tight budget. If you have not already done so it's probably worth asking if your University hardship fund can help with finances more generally.

 

[Krishi]

@Krishi
It will help, as mentioned, if we can actually see what they are saying to you in your letter - but in general terms the way to avoid prosecution for this (the result of which would be a court fine and costs likely to be higher than persuading them to let you settle this out of court) plus a criminal record for fare evasion, is to co operate with them and respond to the letter you have received with the objective of:

- apologising for what has happened
- making it clear that you understand why what you did was wrong
- making it clear that you will not do this again and that you will pay the correct fare on every occasion going forwards
- asking them if they will kindly be prepared to let you settle the matter with the the need for court action

- If you draft a response of a reply to them here before you send it - people will check it for you if that will help.

- when you reply you usually have to send that in hard copy post - you should post it tracked postage from a post office so that you can be sure it arrives and be able to prove that if you need to do so at any point in the process.


From another thread here's a framework you can use to write back to the railway company. Be aware that they may read this forum and tie any information you post back to your case.

Overall aim to keep your response succinct and to the point, whilst ensuring it is polite at all times. Remember you are not in a strong position here

Paragraph 1: Acknowledge and Address the Incident

• Start by thanking them for their letter and clearly stating the date of their letter and also use any reference number they have issued on any paperwork you have
• Immediately identify the specific incident they're referring to, including the date of travel and the stations involved
• State directly that you are writing in response to this incident.

Paragraph 2: Accept Responsibility for the Specific Incident

• Clearly state that you accept responsibility for not having a valid ticket for your journey
• Briefly explain what happened regarding the ticket purchase (eg bought a ticket using a railcard that you do not actually possess), and acknowledge that you understand this was incorrect

Paragraph 3: Express Remorse and Impact

• State that you regret your actions. You could for example apologise for 'making a serious error of judgement' in what you did
• You could mention briefly that you are a student and have had difficult financial circumstances, but they won't be interested in a sob story

Paragraph 4: Propose a Settlement

• Clearly state that you hope to resolve this matter through an out-of-court settlement if they would be sympathetic to allowing this. This signals your intention to avoid court proceedings.
• Confirm your willingness to pay any outstanding fare for the journey and to cover their administration costs.
• Conclude by asking what further information or action they require from you to facilitate this resolution.

Unless they are asking you about other occasions when you have done this (and you have to be prepared that they may do this subsequently if they have not done it yet) do not mention the additional occasions when you have done this. Here's why this is crucial:

• Disclosing them now would be an admission that could be used against you, potentially leading to further demands for payment for those specific journeys, or even separate prosecutions. You are only obligated to respond to the particular allegations for which they present evidence for.
• Burden of Proof: The burden of proof for any alleged offence lies with the railway company. Don't provide them with evidence to strengthen a case they may not even have or could not otherwise prove for those other trips.

Your goal is to resolve this specific matter with a settlement and avoid further complications.

Separately to this
as a student you may be able to get help about this from your student union advice service - though I would expect them to give similar advice to that provided here but you might still find it helpful to ask them
However, if this letter has been waiting for you since earlier in September, time is of the essence in replying, if you delay this will automatically escalate to court action which is what happens with all the cases we see where people ignore these letters

Separately, obviously your distance from uni and the fact that you have to help care for your mum means you probably have a tight budget. If you have not already done so it's probably worth asking if your University hardship fund can help with finances more generally.

Dear Sir/Madam,
I would like to sincerely apologise for not holding a valid ticket on 22nd May 2025. I mistakenly purchased a ticket using a 16–17 Railcard instead of my valid 18–25 Railcard. I fully understand this was not acceptable, and I take complete responsibility for the mistake.
I deeply regret my actions and the stress this incident has caused. At the time, I was preparing for an important university exam while also supporting my mother, for whom I am a young carer. She was experiencing a severe flare-up of post-operative complications, and I was responsible for her daily care while balancing my own studies. This situation left me overwhelmed and exhausted, and I made a serious error of judgement. I am truly sorry for this.
I am very keen to resolve this matter properly and would be extremely grateful if you would allow me the chance to settle it without the need for court proceedings. I am willing to pay the outstanding fare together with any reasonable administrative costs, and I will cooperate fully with any further steps you require.
I again sincerely apologise for this mistake.
Many thanks,

 

[WesternLancer]

Dear Sir/Madam,
I would like to sincerely apologise for not holding a valid ticket on 22nd May 2025. I mistakenly purchased a ticket using a 16–17 Railcard instead of my valid 18–25 Railcard. I fully understand this was not acceptable, and I take complete responsibility for the mistake.
I deeply regret my actions and the stress this incident has caused. At the time, I was preparing for an important university exam while also supporting my mother, for whom I am a young carer. She was experiencing a severe flare-up of post-operative complications, and I was responsible for her daily care while balancing my own studies. This situation left me overwhelmed and exhausted, and I made a serious error of judgement. I am truly sorry for this.
I am very keen to resolve this matter properly and would be extremely grateful if you would allow me the chance to settle it without the need for court proceedings. I am willing to pay the outstanding fare together with any reasonable administrative costs, and I will cooperate fully with any further steps you require.
I again sincerely apologise for this mistake.
Many thanks,

That draft looks ok. Make sure you add in their reference number at the top of what you send to make it easy for them to match your case.

The correct railcard is not 18-25 but 16-25 I think. So you should correct that.

 

[Krishi]

Dear Sir/Madam,
I would like to sincerely apologise for not holding a valid ticket on 22nd May 2025. I mistakenly purchased a ticket using a 16–17 Railcard instead of my valid 18–25 Railcard. I fully understand this was not acceptable, and I take complete responsibility for the mistake.
I deeply regret my actions and the stress this incident has caused. At the time, I was preparing for an important university exam while also supporting my mother, for whom I am a young carer. She was experiencing a severe flare-up of post-operative complications, and I was responsible for her daily care while balancing my own studies. This situation left me overwhelmed and exhausted, and I made a serious error of judgement. I am truly sorry for this.
I am very keen to resolve this matter properly and would be extremely grateful if you would allow me the chance to settle it without the need for court proceedings. I am willing to pay the outstanding fare together with any reasonable administrative costs, and I will cooperate fully with any further steps you require.
I again sincerely apologise for this mistake.
Many thanks,

That draft looks ok. Make sure you add in their reference number at the top of what you send to make it easy for them to match your case.

The correct railcard is not 18-25 but 16-25 I think. So you should correct that.

Hi,

issue is that I dont have the letter with me anymore. I'm gonna give a copy of my railcard and my carers card as they did ask for something like that I remember. In addition I will just give my address and stuff and hope for the best.

 

[WesternLancer]

Hi,

issue is that I dont have the letter with me anymore. I'm gonna give a copy of my railcard and my carers card as they did ask for something like that I remember. In addition I will just give my address and stuff and hope for the best.

Ok so do you know where to send it? Postal address etc

If it was Southern or Thameslink trains you have to post it all hard copy to them.

If you don’t have their ref number any more you need to clearly state your name and address details to help them
Match your case. Add your date of birth too probably.

When you post it do so from a post office and pay for tracked postage so you can prove it got delivered if you need to do so.

 

[Krishi]

Ok so do you know where to send it? Postal address etc

If it was Southern or Thameslink trains you have to post it all hard copy to them.

If you don’t have their ref number any more you need to clearly state your name and address details to help them
Match your case. Add your date of birth too probably.

When you post it do so from a post office and pay for tracked postage so you can prove it got delivered if you need to do so.

It's for Thameslink. I am gonna attach my railcard and carer card along side the emails I sent to show the reason for delay. I will also do tracked so it gets sent asap. Thank you for your help!

 

[WesternLancer]

It's for Thameslink. I am gonna attach my railcard and carer card along side the emails I sent to show the reason for delay. I will also do tracked so it gets sent asap. Thank you for your help!

Sounds like a good plan to include that stuff
address (from letters on other threads I have seen here) is
Prosecutions Department, Govia Thameslink Railway, Eastside Offices, Kings Cross Railway Station, London N1C 4AX.

 

[Krishi]

Sounds like a good plan to include that stuff
address (from letters on other threads I have seen here) is
Prosecutions Department, Govia Thameslink Railway, Eastside Offices, Kings Cross Railway Station, London N1C 4AX.

I wasn't able to send the barcode of my railcard, so have printed off the first page which states the number of it. Thank you for the address btw!!