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Transport investigations summons threat

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jrnm

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7 Nov 2019
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6
Location
Cheltenham
My son has received letters from TIL regarding a journey he undertook from Yorkshire to Cheltenham. After his car broke down and had to be left for repair I booked a ticket for him to return next morning as he had no means of payment with him. Ticket went to his phone.
Unfortunately I had not booked an open ticket and he got on an earlier train than ticket was valid for. He presented to the inspector who pointed out the error - but he didnt have means to pay for additional cost.
On receiving letter from TIL he wrote back to explain series of events - and that there was no intention to travel without a ticket - it was a misunderstanding (& he accepts his fault for not checking the time). They replied saying, of course, tough! They would proceed with summons & he could reply. He replied and asked if it could be settled rather than going to summons.
Letter today confirms that their decision stands and they will issue summons and not accept payment for error.
Why do they not accept settling without summons? How is this likely to end? further cost and waste of time for the court? Any advice would be welcome. Thanks in advance
 
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jumble

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1 Jul 2011
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1,099
Could I ask if this the first time he has come to the attention of the railway revenue people?
 

gray1404

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Write back to them again apologising for the mistake, explaining why and asking to reach an out of court settlement with them.

Transport Investigations are terrible. They ignore people's requests to offer anything in mitigation so you have to ask them several times.

I'm assuming he's not received the summons yet?
 

Brissle Girl

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2,484
I’m puzzled that someone would drive from Yorkshire to Cheltenham (and presumably return) and not have any means of payment on them.

And it may be that the inspector was equally dubious that an adult would claim to be making a similar length journey and not have any means to pay the excess. So it’s possible that the view has been taken that it was effectively a refusal to pay by claiming not to have any means of payment, and hence why they are taking the action they are.

Remember, there is no obligation on the company to settle, after all they are not the one in the wrong. So questions such as “why won’t they settle” make me think a change in mindset to the problem is needed as this will help ensure that future correspondence is pitched accordingly with the company and thus maximise the likelihood of a good result.
 

jrnm

Member
Joined
7 Nov 2019
Messages
6
Location
Cheltenham
Write back to them again apologising for the mistake, explaining why and asking to reach an out of court settlement with them.

Transport Investigations are terrible. They ignore people's requests to offer anything in mitigation so you have to ask them several times.

I'm assuming he's not received the summons yet?
I’m puzzled that someone would drive from Yorkshire to Cheltenham (and presumably return) and not have any means of payment on them.

And it may be that the inspector was equally dubious that an adult would claim to be making a similar length journey and not have any means to pay the excess. So it’s possible that the view has been taken that it was effectively a refusal to pay by claiming not to have any means of payment, and hence why they are taking the action they are.

Remember, there is no obligation on the company to settle, after all they are not the one in the wrong. So questions such as “why won’t they settle” make me think a change in mindset to the problem is needed as this will help ensure that future correspondence is pitched accordingly with the company and thus maximise the likelihood of a good result.

Hi
not having a card with him was a mistake! His intention was only to visit girlfriend for the night and drive home - with only a small amount of cash on him. The letter was certainly pitched ok - I have a great deal of experience with customer service and helped to write it. We totally understand he is on the wrong - have apologised in both letters accepting blame. But keen to settle without wasting court time. Is it worth another try by letter?
 

jrnm

Member
Joined
7 Nov 2019
Messages
6
Location
Cheltenham
Write back to them again apologising for the mistake, explaining why and asking to reach an out of court settlement with them.

Transport Investigations are terrible. They ignore people's requests to offer anything in mitigation so you have to ask them several times.

I'm assuming he's not received the summons yet?
sorry - no, he hasnt received the summons yet. Just a second letter re-iterating their view and that they will issue.
 

Darandio

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24 Feb 2007
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10,674
Location
Redcar
Is it worth another try by letter?

Always. The potential for a settlement is there right up until the point the case is heard, some have even settled in person immediately beforehand although you ideally want it clearing up long before that.

Send another letter outlining the apology and acceptance that your son was at fault and that you wish to settle the matter and will pay any costs incurred. Keep it short and to the point, if you wish to post a draft here then i'm sure many would take a look and advise accordingly before you send it.
 

Brissle Girl

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Joined
17 Jul 2018
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2,484
Hi
not having a card with him was a mistake! His intention was only to visit girlfriend for the night and drive home - with only a small amount of cash on him. The letter was certainly pitched ok - I have a great deal of experience with customer service and helped to write it. We totally understand he is on the wrong - have apologised in both letters accepting blame. But keen to settle without wasting court time. Is it worth another try by letter?
Fair enough! One of several of life's lessons learnt I guess - never, but never go anywhere without having money on you. Sounds like it will have turned out to be a very expensive night with the girlfriend, with the car breaking down too. Hope she was worth it...:lol:
 

jrnm

Member
Joined
7 Nov 2019
Messages
6
Location
Cheltenham
Always. The potential for a settlement is there right up until the point the case is heard, some have even settled in person immediately beforehand although you ideally want it clearing up long before that.

Send another letter outlining the apology and acceptance that your son was at fault and that you wish to settle the matter and will pay any costs incurred. Keep it short and to the point, if you wish to post a draft here then i'm sure many would take a look and advise accordingly before you send it.
thank you - we'll get another letter off today. I hope it all works. thanks so much
 

jrnm

Member
Joined
7 Nov 2019
Messages
6
Location
Cheltenham
Fair enough! One of several of life's lessons learnt I guess - never, but never go anywhere without having money on you. Sounds like it will have turned out to be a very expensive night with the girlfriend, with the car breaking down too. Hope she was worth it...:lol:
Very expensive! £1k plus car. and she's worth it. thanks so much
 

sauron2010

On Moderation
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20 Jan 2017
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27
Location
Blighty
Hi.. Exhaust all options as advised by other members before court, if all fails you ask the prosecuter on court day for a out of court settlement, I done this recently and it worked, hope it all works out for you.

By the way try to ignore the hecklers and wannabe bad cop impersonators on here. They can't offer anything more than cynicism.
 

yorkie

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6 Jun 2005
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67,439
Location
Yorkshire
My son has received letters from TIL regarding a journey he undertook from Yorkshire to Cheltenham. After his car broke down and had to be left for repair I booked a ticket for him to return next morning as he had no means of payment with him. Ticket went to his phone.
Unfortunately I had not booked an open ticket and he got on an earlier train than ticket was valid for. He presented to the inspector who pointed out the error - but he didnt have means to pay for additional cost.
On receiving letter from TIL he wrote back to explain series of events - and that there was no intention to travel without a ticket - it was a misunderstanding (& he accepts his fault for not checking the time). They replied saying, of course, tough! They would proceed with summons & he could reply. He replied and asked if it could be settled rather than going to summons.
Letter today confirms that their decision stands and they will issue summons and not accept payment for error.
Why do they not accept settling without summons? How is this likely to end? further cost and waste of time for the court? Any advice would be welcome. Thanks in advance
If you can state the station in Yorkshire and what amount was charged, and whether or not any Railcard was held, we can say if the amount was correct or not.
 
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