Using the wrong railcard

[train1213]

I was recently on a train and the inspector asked me to show my railcard and then informed me that I have been using the wrong railcard. He took my name and adresss. I bought a 16-25 railcard but tue ticket was bought with the 16-17 railcard. However this was a genuine mistake and I have shown my railcard to inspectors when I am asked and none of them previously informed me of this. The difference in the discount is less than £1 since I make short journeys and i did not intend on using thw wrong railcard, i must've pressed on the incorrect railcard as they are both next to each other on the app. Will I be fined and is there anything I can do about this?

I have also seen some people getting taken to court about things like this is this unlikely?

 

[MotCO]

The usual course of events is that the rail company will write to you asking for your version of events. If they feel that an offence has taken place, they will usually offer an out of Court settlement of around £150 plus the full cost of your fare.

There are a number of conditions though. Firstly, and most importantly, engage positively with the process. Do not ignore any letters. Respond within deadlines. Apologise for your error, etc. When you receive their letter, prepare a draft, and forum members will be happy to offer constructive comments and advice. You have come to the right place for good advice.

Secondly, most rail companies take this approach. TfL do tend to take offenders to Court; which company's service were you using?

Thirdly, if the rail company looked at your history of ticket purchases, will they find similar transgressions?

 

[train1213]

I was using northern rail service.
I have been commuting for about a month using the wrong railcard.

 

[MotCO]

Do you buy your tickets online, in which case they will be able to find out that. They may well ask for a month's worth of fares plus £150 or so as an out of Court settlement.

 

[train1213]

Yes I buy tickets on the app.
Will I have any chance in proving that this was not intentional or will this not make a difference?

 

[30907]

Yes I buy tickets on the app.
Will I have any chance in proving that this was not intentional or will this not make a difference?

Sadly, it will be difficult to prove that you accidentally confused "16-25 Railcard" with "16-17 Saver" when the second gives you an extra discount AND allows you to use the discount before 10am.
Particularly for short journeys in the morning peak it won't convince

 

[train1213]

Also how long will it take until they contact me?

 

[MotCO]

They have up to six months if they want to take you to Court. Normally it will take around 3 - 6 weeks, but it depends if they are looking into your purchasing history.

 

[train1213]

Will they take me to court?
There were maybe 1 or 2 that were at peak times, but mainly off peak and the extra discount I got if they think it was intentional is less than £1 per ticket

 

[30907]

Will they take me to court?
There were maybe 1 or 2 that were at peak times, but mainly off peak and the extra discount I got if they think it was intentional is less than £1 per ticket

They will threaten you with court, but if you respond appropriately you should be able to achieve an out-of-court settlement. Wait for the letter and come back for advice.

 

[MotCO]

Will they take me to court?
There were maybe 1 or 2 that were at peak times, but mainly off peak and the extra discount I got if they think it was intentional is less than £1 per ticket

The out of Court settlement, if offered, is usually based on the Anytime fare, not a discounted ticket.

 

[train1213]

Im confused on what you mean.
By discounted ticket do you mean advance singles?
What is offered for discounted tickets.

 

[JBuchananGB]

A discounted ticket is one which has been reduced from the normal price usually by the application of a Railcard discount. Most Railcards provide a 34% discount, but the 16-17 Saver provides a 50% discount.

 

[train1213]

The main thing I am worried about is being taken to court. Will I most likely be given a chance to settle without court if I accept the penalty?

 

[AlterEgo]

The main thing I am worried about is being taken to court. Will I most likely be given a chance to settle without court if I accept the penalty?

A good chance if you are honest with them.

 

[MotCO]

If you co-operate with Northern, apologise for your error, you should be ok. If you antagonise them, tell lies etc, then you may not be so lucky. Don't forget, the choice of whether to offer an out of Court settlement or to take you to Court rests entirely with the train company. Also, it is worth saying that the train company keeps all of any out of Court settlement, whereas a Court will not, since there are costs, victim surcharges etc to be taken into account.

 

[train1213]

Sorry but what affect does keeping settlements have rather than not keeping?

 

[Spaceship323]

Sorry but what affect does keeping settlements have rather than not keeping?

I think that @MotCO means that the train company gets the money from an out of court settlement, whereas if it goes to court then the court will get most of the money