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Season ticket / penalty fare?

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railuser1980

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Hi guys

I'm new to this forum and I wondered if you could offer any advice please.

I have a season ticket with Chiltern Railways and use the train everyday. Today, for the first time, I stupidly forgot my season ticket and even more stupidly, used my partner's season ticket to get through the barrier without thinking about it. Before I did this, I tried to use my Oyster card to get through but it didn't work for some reason. A member of Chiltern Railways' staff took us aside and looked me up online and saw that I have a season ticket - but has still said that this matter will be investigated by Chiltern Railways. I paid for a single fare to get through the barriers too.

I do completely understand that I was stupid to use my partner's railcard - but wondered if anyone has had similar experiences and also what the penalty fare was? Is it possible that I will be taken to court over this? I am obviously concerned about a possible criminal record for us both, but am hoping to avoid this because it was proven that I do have a valid ticket.

Sorry if this question has been asked before. I did search through the forums but couldn't find anything similar.

Thanks so much in advance.
 
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thedbdiboy

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This isn't really a Penalty Fare situation, as they are not levied retrospectively. Chiltern may decide to prosecute you under byelaw 18 (not being able to present a valid ticket) - if they do so you would be advised to try for an out of court settlement as the fine in court is a maximum of £1000, although it is not a recordable offence and you won't get a criminal record. They may try for a criminal prosecution for attempting to avoid payment, although as you have a valid Season Ticket this would seem unlikely. Or they may let the matter rest at their discretion.
If you leave your Season Ticket at home, you should buy another ticket - you get one grace refund per Season Ticket left at home, so (unless you've done it before) you'd have got a full refund anyway.
 

barrykas

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Hi guys
I have a season ticket with Chiltern Railways and use the train everyday. Today, for the first time, I stupidly forgot my season ticket and even more stupidly, used my partner's season ticket to get through the barrier without thinking about it.

*snip*

I do completely understand that I was stupid to use my partner's railcard - but wondered if anyone has had similar experiences and also what the penalty fare was? Is it possible that I will be taken to court over this? I am obviously concerned about a possible criminal record for us both, but am hoping to avoid this because it was proven that I do have a valid ticket.
Thanks so much in advance.

If you were sold a normal ticket or issued a Penalty Fare, there would be no further action taken (unless it was a PF and you didn't pay within 21 days).

As the majority of Chiltern's Revenue Staff are Penalty Fare and PACE trained, had they been considering prosecution (which, from what you've said, would be a trivial matter to prove) you'd likely have been interviewed under caution and they would have completed an "MG11" witness statement.

If you've still got the ticket and you take it, along with your season, to a Chiltern ticket office, you should be able to get a refund for it. (Subject to a maximum of two such refunds in a rolling 12 month period).

HTH,

Barry
 

railuser1980

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Thanks both - very useful advice.

I was charged £20 which is higher than normal I believe - so perhaps it was a penalty fare.

Glad to hear that they may not take further action.
 

Ferret

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Thanks both - very useful advice.

I was charged £20 which is higher than normal I believe - so perhaps it was a penalty fare.

Glad to hear that they may not take further action.

They've charged you 20 quid? If that's the case, then that's the end of the matter.

 

island

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You could theoretically be prosecuted for violating the Railway Bye-laws section 18, or possibly 21 (from memory).
 

142094

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Quite lucky that you weren't done for fradulent use of a season ticket, which could have severe reprocussions both for you and your partner.
 

railuser1980

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Quite lucky that you weren't done for fradulent use of a season ticket, which could have severe reprocussions both for you and your partner.

Hmm - could I still be done for this?
--- old post above --- --- new post below ---
They've charged you 20 quid? If that's the case, then that's the end of the matter.


Yes - it was £20. It wasn't clear if that was the penalty fare or the fare itself. Tickets normally cost around £15 on my route...
 

thedbdiboy

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Hmm - could I still be done for this?
--- old post above --- --- new post below ---


Yes - it was £20. It wasn't clear if that was the penalty fare or the fare itself. Tickets normally cost around £15 on my route...

Theoretically yes, but as you have been issued with (and paid for) a Penalty Fare, and can prove (based on the information above) that you actually have a valid ticket for the journey concerned, it would seem unlikely that any further action will be taken in this instance.

What would seem much more likely is that if you do it again, then they'll throw the book at you...but you're not going to, are you?
 

oversteer

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You say "we", did your partner go through the barrier, then pass the ticket back to you somehow?

Where did you tell the inspector you came from and what ticket did they sell you? Are you sure it wasn't a penalty fare from somewhere a single peak ticket costs <£10 ?
 

railuser1980

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You say "we", did your partner go through the barrier, then pass the ticket back to you somehow?

Where did you tell the inspector you came from and what ticket did they sell you? Are you sure it wasn't a penalty fare from somewhere a single peak ticket costs <£10 ?

Yes - he passed the ticket to me as I couldn't get out. I'd tried to get through using my oyster card, but it didn't work for some reason - despite working in the past for shorter journeys.

I told the inspector I came from my home town in Buckinghamshire. I have part of the two-part return here which says that the price is £20....
 

Ferret

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Yes - he passed the ticket to me as I couldn't get out. I'd tried to get through using my oyster card, but it didn't work for some reason - despite working in the past for shorter journeys.

I told the inspector I came from my home town in Buckinghamshire. I have part of the two-part return here which says that the price is £20....

Well, tbh, you could easily have landed yourself right in the merde by doing what you have, but the Revenue Inspector has decided to deal with the matter be selling you a ticket. That's the matter closed - you can't be PF'd or given a normal ticket and prosecuted for the same incident.

 

barrykas

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I told the inspector I came from my home town in Buckinghamshire. I have part of the two-part return here which says that the price is £20....

£20 is the correct fare for a Day Return from the station in question if you arrive at Marylebone before 10am (technically 10:05). It goes down to £15.30 on trains arriving after 10.

A Penalty Fare would have also been £20, but that would only be a Single. You'd then need to pay another £10 for a Single to go home.
 

railuser1980

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Well, tbh, you could easily have landed yourself right in the merde by doing what you have, but the Revenue Inspector has decided to deal with the matter be selling you a ticket. That's the matter closed - you can't be PF'd or given a normal ticket and prosecuted for the same incident.


It was not actually the revenue inspector that sold me the ticket - he referred me to another guy in the booth who sold it to me. The inspector said that he would pass the matter to Chiltern Railways for further investigation, which is why I was so worried!
 

Ferret

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It was not actually the revenue inspector that sold me the ticket - he referred me to another guy in the booth who sold it to me. The inspector said that he would pass the matter to Chiltern Railways for further investigation, which is why I was so worried!

I see. Very odd, but I'd expect an inspector to know that you can't issue someone a ticket and report them as well! Basic principle!!!!

 
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