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Help - cautioned by West Midlands Fraud team and response now required - urgent

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Hi all,

I was cautioned on the 30th of September and have now received the following email:

'We have recently been handed a file relating to an incident on 30th September 2024 when approached by staff carrying out their revenue duties, you were asked to show your valid ticket you offered a ticket that was not valid for the journey you had completed, possibly committing short journey fraud.

You were interviewed under caution for possibly committing short journey fraud.

Further investigations into this matter have been carried out, including a review of the ticket records. It would appear, at this stage, that this may be a case of fraud. West Midlands Trains take travel fraud extremely seriously and is committed to prosecuting all cases of fare evasion to the full extent of the law. Travelling on the railway with the intent to avoid paying the full fare is an offence under the Regulation of Railways Act 1889. Such an offence carries a maximum fine of £1,000 and/or three months’ imprisonment and, in either case, a criminal record. It must also be considered whether this matter amounts to a much more serious offence under the Fraud Act 2006.

At this stage we would be grateful if you would provide any evidence to support the claim that none of the above legislation has been contravened to prevent further action being contemplated.

We look forward to hearing from you.'


Details of my journey:
I travelled from Four Oaks to Birmingham New Street and purchased a ticket from Duddeston to New Street. I was then cautioned and asked to give the station I travelled from, which on that day, was Four Oaks. It seems they have now investigated my account and I am afraid to say this is not the first time I have done this, however the train station I usually travel to and from is Wylde Green. I did not mention this at the time as I am diagnosed autistic and could not process the situation at the time. I am happy to pay any fees and fines but realise I have given the information incorrectly.

Please is someone able to advise how I mention this in my response to the West Midlands team? Any advice would be greatly appreciated, thank you in advance.

My draft response, if someone could please review and also advise if I should delete my partners details from the below:

Dear West Midlands Railway,

I am writing to offer my sincere apologies for not being able to produce a valid ticket during my recent journey. I am deeply sorry for any inconvenience or frustration that my actions may have caused, and I now understand the importance of following the rules and regulations of the railway.

I wish to assure you that I have learned from this experience and I am committed to ensuring that it does not happen again in the future.

I am diagnosed autistic and due to this, was unable to process the situation and answer during the interview correctly. My local station I travel to and from is Wylde Green and not Four Oaks, although I did travel from Four Oaks on the day of the offence. My partner and his family live there and I get on at his local station, Wylde Green. His details are xxx and his address is xxx.

I am keen to settle this matter amicably and without the need for court action. I would like to offer to pay the outstanding fare and any other administrative costs incurred in dealing with this matter. Please let me know the amount owed and the payment process, and I will make the payment promptly.

Once again, I apologise for any inconvenience caused and I hope that we can resolve this matter as quickly and smoothly as possible. Thank you for your understanding.
 
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John R

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What incorrect information did you give them? You appear to have told them the correct station you boarded the train at.

Your reply doesn’t address how many times you have travelled from each station, so you are not giving them any information (if they believe you) as to what fares you have avoided.

They might also wonder how you travelled between yours and your partner’s address. Is there any evidence of you buying tickets for those journeys?

Finally, and maybe it’s just me, but I’d use the word partner in respect of a cohabiting couple, which you say you don’t. So maybe boyfriend would be a more appropriate word to use.
 
Joined
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What incorrect information did you give them? You appear to have told them the correct station you boarded the train at.

Your reply doesn’t address how many times you have travelled from each station, so you are not giving them any information (if they believe you) as to what fares you have avoided.

They might also wonder how you travelled between yours and your partner’s address. Is there any evidence of you buying tickets for those journeys?

Finally, and maybe it’s just me, but I’d use the word partner in respect of a cohabiting couple, which you say you don’t. So maybe boyfriend would be a more appropriate word to use.
Thank you very much for your response.

I checked my account and have short fared roughly 80 times, and I would say these are all from Wylde Green rather than Four Oaks.

Noted re. your point about partner, and I drive to my boyfriends house and park there, and then get the train.

My concern is that any additional fees I have to pay will be incorrect as they will calculate the fee from Four Oaks rather than Wylde Green so I am not sure how best to phrase this in my response.
 

John R

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The Anytime Single fare difference is just £1, so at most you will have £160 (2x 80 return journeys) extra to pay if they choose to make an out of court settlement based on Four Oaks.

You might judge that to be a small price to pay to get the matter resolved simply without doing anything that might make them doubt that you are telling the truth in your response.
 
Joined
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Hi, I have received a similar email. Have you responded and what was the outcome?
hi, I only posted this today and haven’t yet responded. I am currently considering JohnR’s response and whether I should add my boyfriends details and advise that I travel from Wylde Green rather than Four Oaks. It is probably better to respond to their email rather than waiting for my response but happy to share once it’s been received.
 

WesternLancer

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Please start your own thread if you would like us to advise, as everyone’s situation is different.
they do have one, just started - I think they were just reaching out to try to learn from another persons experience with WMR.
 

John R

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they do have one, just started - I think they were just reaching out to try to learn from another persons experience with WMR.
That’s odd as I checked and they only had that one post attributed to that acccount.
 

WesternLancer

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That’s odd as I checked and they only had that one post attributed to that acccount.
quirky forum issue maybe - I think you've just posted on there other thread actually. It was started awhile back and just been updated as the user has received their e-mail from WMR asking about the incident.
 

island

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The Anytime Single fare difference is just £1, so at most you will have £160 (2x 80 return journeys) extra to pay if they choose to make an out of court settlement based on Four Oaks.
I would disagree with this. Settlement could also be based on the £4.30 single fare from 4 Oaks to Duddeston.
 

30907

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I’ve had the amount through that I need to repay and I believe this is correct - the amount given is roughly £150 less than I calculated.
Glad the matter has been resolved relatively painlessly - assuming you pay, of course :)
Thanks for the update.
 
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What time frame did they go back over if you don’t mind me asking? Was it your whole account history or just a certain time frame?
They counted 70 instances of short faring, and I’m not sure exactly how they calculate this but it seems to be based on the past 2 years. I couldn’t see any further transactions on my Trainline account either but I can’t confirm 100%.
 

trainuser1234

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They counted 70 instances of short faring, and I’m not sure exactly how they calculate this but it seems to be based on the past 2 years. I couldn’t see any further transactions on my Trainline account either but I can’t confirm 100%.
Thank you! Just to be clear also, they made you pay the difference and not the full fares?
 

trainuser1234

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For others’ reference - see New thread.

If they suspect you have made a return journey, then yes.
What evidence would I be able to provide to disprove this?

Also, is it possible that I could negotiate to bring the number of return journeys down do you think? Perhaps ask if they would consider just charging single fares for X amount of journeys?
 

Hadders

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Just a reminder that this thread is to discuss @westmidlands23 case. Discussion relating to @trainuser1234 case needs to be made in their thread to avoid confusing the two cases.
 

Golden50

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I am going through something similar at the moment, can I ask how long they took to offer your settlement from your reply? I’m sure just like you experienced, it’s a stressful time waiting with the uncertainty.
 

30907

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I am going through something similar at the moment, can I ask how long they took to offer your settlement from your reply? I’m sure just like you experienced, it’s a stressful time waiting with the uncertainty.
From reading this thread it appears to have been only a couple of days, and less than 3 weeks from the incident, which seems impressively speedy.
 

Golden50

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From reading this thread it appears to have been only a couple of days, and less than 3 weeks from the incident, which seems impressively speedy.
That does seem quick and I am hoping for the same. This forum has been brilliant and helped a lot of people of which I’m hoping this is also the case for me.

As an update, I received a settlement yesterday and paid it straight away. The admin cost was a little higher than other posts have mentioned at £250, unsure why but didn’t question it and just paid. Many thanks to this forum for all the help people provide to people like myself.
 
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