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Stopped by GTR over expired railcard

Elecman

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It’s not in your interest to chase them so don’t until the 6 month from the date you were caught
 
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traveller3699

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It’s not in your interest to chase them so don’t until the 6 month from the date you were caught
See, I've read different responses around the forum about this.
Some say wait a month and a bit - 2 months and then chase them. Some say don't chase them at all, like yourself.
 

Titfield

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See, I've read different responses around the forum about this.
Some say wait a month and a bit - 2 months and then chase them. Some say don't chase them at all, like yourself.

Because experienced forum members are not agreed in their view.

If you do NOT contact the TOC (until 6 months has passed) then the TOC could be time barred from taking criminal court action which would be to your benefit. However they could have written to you, the letter gone astray, the matter been escalated to court and you have been convicted in your absence. The bailiffs will then follow. Whilst this can be "undone" and the matter reset, by means of a statutory declaration, to prior to the court hearing it is quite a faff to say the least. It may also be more difficult to persuade the TOC to offer you an out of court settlement once the matter has gone to court even if the matter has been reset by a statutory declaration.
 

Hadders

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Chasing them at this stage is probably a little premature. As long as you gave them your correct contact details then I'd wait another month or so before considering anything else.

At that point of you still haven't heard anything then there are two potential ways forward:

1. Contact GTR and tell them you haven't received any contact. They will almost certainly offer you an out of court settlement which would close the matter and give you certainty.

2. Do nothing - you aren't required to incriminate yourself and it's not your job to do GTR's work for them!. There are then several possibilities:
  • GTR 'forget' about the case and they run out of time to prosecute
  • If GTR run out of time to prosecute they still might try to do so. It would be possible to make it go away but you would need help to know exactly what to say etc.
  • GTR sent an initial letter but you didn't receive it. They then commence court proceedings. You should receive court paperwork and be able to contact GTR to explain what has happened and get an out of court but this is a faff (and probably quite stressful). If the first letter went astray it would be unlikely that the court papers would also go astray but these things can happen. The case would then be heard in your absence and you'd be found guilty and fined. Eventually this would catch-up with you and although it can be sorted it involves considerable hassle with statutory declarations, contacting GTR etc.
Only you can decide the best way to proceed. Some forum members giving advice understadably suggest going with option 2 however many people seeking our assistance know they've done something wrong, and just want certainty that the matter can be resolved in a straightforward manner without causing them more stress.
 

dciuk

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Looking at the timeline in post 8 that @WesternLancer provided from a similar case it was not far off 3 months between being stopped and receiving the first letter. Christmas/New Year fell into that time which may have added a delay, but as others have said probably best to wait for now.
 

traveller3699

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Because experienced forum members are not agreed in their view.

If you do NOT contact the TOC (until 6 months has passed) then the TOC could be time barred from taking criminal court action which would be to your benefit. However they could have written to you, the letter gone astray, the matter been escalated to court and you have been convicted in your absence. The bailiffs will then follow. Whilst this can be "undone" and the matter reset, by means of a statutory declaration, to prior to the court hearing it is quite a faff to say the least. It may also be more difficult to persuade the TOC to offer you an out of court settlement once the matter has gone to court even if the matter has been reset by a statutory declaration.
I mean I've been checking consistently since the incident and I gave the right address so I don't see how it could get lost.
6 months from the date would be September. So if I don't get anything by September then I guess they forgot lmao

== Doublepost prevention - post automatically merged: ==

Chasing them at this stage is probably a little premature. As long as you gave them your correct contact details then I'd wait another month or so before considering anything else.

At that point of you still haven't heard anything then there are two potential ways forward:

1. Contact GTR and tell them you haven't received any contact. They will almost certainly offer you an out of court settlement which would close the matter and give you certainty.

2. Do nothing - you aren't required to incriminate yourself and it's not your job to do GTR's work for them!. There are then several possibilities:
  • GTR 'forget' about the case and they run out of time to prosecute
  • If GTR run out of time to prosecute they still might try to do so. It would be possible to make it go away but you would need help to know exactly what to say etc.
  • GTR sent an initial letter but you didn't receive it. They then commence court proceedings. You should receive court paperwork and be able to contact GTR to explain what has happened and get an out of court but this is a faff (and probably quite stressful). If the first letter went astray it would be unlikely that the court papers would also go astray but these things can happen. The case would then be heard in your absence and you'd be found guilty and fined. Eventually this would catch-up with you and although it can be sorted it involves considerable hassle with statutory declarations, contacting GTR etc.
Only you can decide the best way to proceed. Some forum members giving advice understadably suggest going with option 2 however many people seeking our assistance know they've done something wrong, and just want certainty that the matter can be resolved in a straightforward manner without causing them more stress.
Ohh okay. Yeah fair enough I'll leave it then and just wait a few more months, yeah I don't need to incriminate myself.
As far as I know, I gave them my correct details and address so if letters didn't come through then that'd not really my fault. Same with any follow up court settlement.
 

Fawkes Cat

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As far as I know, I gave them my correct details and address so if letters didn't come through then that'd not really my fault. Same with any follow up court settlement.
But do bear in mind that the court's process doesn't take much account of whose fault it is if communications break down. If (to imagine the worst scenario) you end up with a fine and bailiffs coming round to see you after you didn't respond to the court, they won't be particularly interested if you didn't respond because you didn't know (so not really your fault), or because you didn't bother to open the letters from them (so your fault).

There are ways to unwind convictions and fines that shouldn't have happened. But it's much, much easier to keep an eye out for incoming letters and emails and respond at the right time. You don't have to chase the railway to write to you - but you do need to make sure you know when they have been in touch.
 

traveller3699

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But do bear in mind that the court's process doesn't take much account of whose fault it is if communications break down. If (to imagine the worst scenario) you end up with a fine and bailiffs coming round to see you after you didn't respond to the court, they won't be particularly interested if you didn't respond because you didn't know (so not really your fault), or because you didn't bother to open the letters from them (so your fault).

There are ways to unwind convictions and fines that shouldn't have happened. But it's much, much easier to keep an eye out for incoming letters and emails and respond at the right time. You don't have to chase the railway to write to you - but you do need to make sure you know when they have been in touch.
I'd be expecting a letter I don't think they got an email off me, just my address afaik
 

traveller3699

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Hello!

Back here again

So no letter so far. It's been exactly three months since the incident and nothing has come through. I've looked everyday in my post and combed through emails (even spam!

I don't know what to do. I don't wanna incriminate myself, I gave the right address etc. Google says to email them but I don't wanna do their job for them

I'm going to America on the 22nd July - 6th August. If a letter were to come, it would have come already.


Any advice appreciated.

== Doublepost prevention - post automatically merged: ==

Also would it be beneficial to get a solicitor to sort this quicker?
 
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WesternLancer

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The only downside of getting a solicitor is paying them their circa £700 fee to do the work for you.

When you are in the USA do you have a trusted person who can check your post regularly, open it and scan and e mail you any post you receive so you can deal with it when in the USA if required?
 

traveller3699

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The only downside of getting a solicitor is paying them their circa £700 fee to do the work for you.

When you are in the USA do you have a trusted person who can check your post regularly, open it and scan and e mail you any post you receive so you can deal with it when in the USA if required?
Yeah I've got a sibling house sitting. My only issue is, if I need to write a mitigation letter, I hope I can email the letter as opposed to write it and send it by post.
I worry I'm gonna run out of time if it's by post only.
 

WesternLancer

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Yeah I've got a sibling house sitting. My only issue is, if I need to write a mitigation letter, I hope I can email the letter as opposed to write it and send it by post.
I worry I'm gonna run out of time if it's by post only.
They would be ok with e mail in those circs and you could also e mail your reply to sibling who could perhaps print and post it in uk as a back up.

== Doublepost prevention - post automatically merged: ==

You could try writing to them before you go away if you still have not received the letter and are anxious about it. Eg by about 10 to 15 july

Do you have a case reference number from the original time stopped? Not vital but would help if you do.
 

traveller3699

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They would be ok with e mail in those circs and you could also e mail your reply to sibling who could perhaps print and post it in uk as a back up.

== Doublepost prevention - post automatically merged: ==

You could try writing to them before you go away if you still have not received the letter and are anxious about it. Eg by about 10 to 15 july

Do you have a case reference number from the original time stopped? Not vital but would help if you do.
Oooh that's a good idea thanks!

Yeah I may have to email them in case I've missed correspondence.

Does something like this sound okay to send to them?

"To whom it may concern,

I hope you are well.
My name is (xxxxx) and on the 19th March I was stopped by an officer at Falmer station coming from Brighton by an officer over an expired railcard. He had taken down my address and details and sent it to Govia Thameslink Railway. This is the case reference number (xxxx).
I am due to travel to America on the 22nd July to the 6th August, and I hope that I have not missed any correspondence.

I sincerely apologise for what I have done and understand the consequences actions. I have been paying full price for my tickets since the incident.
I would like to settle this matter out of court I am prepared to pay the full price of the fare.

I look forward to hearing from you.
Kind regards,
(Xxxx)"

I hope that works! Let me know if I should make any changes

== Doublepost prevention - post automatically merged: ==

By the way yes I do! I carry it with me in my wallet in case.
 

WesternLancer

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Oooh that's a good idea thanks!

Yeah I may have to email them in case I've missed correspondence.

Does something like this sound okay to send to them?

"To whom it may concern,

I hope you are well.
My name is (xxxxx) and on the 19th March I was stopped by an officer at Falmer station coming from Brighton by an officer over an expired railcard. He had taken down my address and details and sent it to Govia Thameslink Railway. This is the case reference number (xxxx).
I am due to travel to America on the 22nd July to the 6th August, and I hope that I have not missed any correspondence.

I sincerely apologise for what I have done and understand the consequences actions. I have been paying full price for my tickets since the incident.
I would like to settle this matter out of court I am prepared to pay the full price of the fare.

I look forward to hearing from you.
Kind regards,
(Xxxx)"

I hope that works! Let me know if I should make any changes
I’d hold off sending it yet (and you’ll need the correct address) but if you were to send it I would add to it to clearly state that the railcard had expired without you noticing and there was no intention to evade paying the correct fare.
 

traveller3699

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Thanks!
Yeah I think I have the right email address: [email protected] I believe.

I have redrafted the letter.

To whom it may concern,

I hope you are well.
My name is (xxxxx) and on the 19th March I was stopped by an officer at Falmer station coming from Brighton by an officer who questioned me with caution. I had an expired railcard without me noticing, I would never intentionally evade fares and I take full responsibility for my actions. He had taken down my address and details and sent it to Govia Thameslink Railway. This is the case reference number (xxxx).
I am due to travel to America on the 22nd July to the 6th August, and I hope that I have not missed any correspondence.

I sincerely apologise for what I have done and understand the consequences actions. I have been paying full price for my tickets since the incident.
I would like to settle this matter out of court I am prepared to pay the full price of the fare.

I look forward to hearing from you.
Kind regards,
(Xxxx)"
 

WesternLancer

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12 Apr 2019
Messages
10,776
Thanks!
Yeah I think I have the right email address: [email protected] I believe.

I have redrafted the letter.

To whom it may concern,

I hope you are well.
My name is (xxxxx) and on the 19th March I was stopped by an officer at Falmer station coming from Brighton by an officer who questioned me with caution. I had an expired railcard without me noticing, I would never intentionally evade fares and I take full responsibility for my actions. He had taken down my address and details and sent it to Govia Thameslink Railway. This is the case reference number (xxxx).
I am due to travel to America on the 22nd July to the 6th August, and I hope that I have not missed any correspondence.

I sincerely apologise for what I have done and understand the consequences actions. I have been paying full price for my tickets since the incident.
I would like to settle this matter out of court I am prepared to pay the full price of the fare.

I look forward to hearing from you.
Kind regards,
(Xxxx)"
Put the case ref number right at the top for their ease of locating

Drop the hope this finds you well. Not needed

towards end say you are paying the correct fare (a minor point).

Include your postal address and e mail address and phone number make it easy for them to contact you.
 

traveller3699

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Cool got it.
Should I mention that I am willing to pay the correct fare closer to the beginning of the email or is it fine as is?

Thanks so much!
 
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WesternLancer

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Cool got it.
Should I mention that I am willing to pay the full fare closer to the beginning of the email or is it fine as is?

Thanks so much!
Fine as is because always best to end the letter with your request or offer as the last thing the reader reads.
 

WesternLancer

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Grand.
Alright I'll wait till about the 10th July and if still no letter then I'll email.
You may need to post it. GTR don’t accept mitigation by email and you will get an auto reply stating that so you can not know if they might just ignore an e mail.
 

traveller3699

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We have it on here and can find it for you.

I posted it on a thread yesterday in fact.
I *think* I found it but would really appreciate it if you could send it through! If they don't get back to me. I could either write to them or leave it till September which would be the 6 month cut off date.

Idk if I should even be incriminating myself to them?
 

WesternLancer

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I *think* I found it but would really appreciate it if you could send it through! If they don't get back to me. I could either write to them or leave it till September which would be the 6 month cut off date.

Idk if I should even be incriminating myself to them?
Ref your last point you could write a totally different letter. Eg

‘ I was stopped and questioned about my ticket on x date at y place and advised I would receive a letter after that.

I am concerned I may have missed post. I am going away between x and y, please contact me via….. etc

Please let me know if anything has been sent to me as I would wish to respond. ‘

No incrimination as you don’t say anything you did. Might wake them up if they have forgotten you tho.

== Doublepost prevention - post automatically merged: ==

Address here on this thread post 7

 

traveller3699

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Ref your last point you could write a totally different letter. Eg

‘ I was stopped and questioned about my ticket on x date at y place and advised I would receive a letter after that.

I am concerned I may have missed post. I am going away between x and y, please contact me via….. etc

Please let me know if anything has been sent to me as I would wish to respond. ‘

No incrimination as you don’t say anything you did. Might wake them up if they have forgotten you tho.

== Doublepost prevention - post automatically merged: ==

Address here on this thread post 7

Thank you I've taken a screenshot of the address.

Yeah my only issue is that I'll have woken them if they forgot lol.

Thank you for your advice I will consider next steps should I not see a letter

== Doublepost prevention - post automatically merged: ==

Normally I would wait and just leave this alone but considering I'm travelling I don't wanna leave it. They normally give you 21 days to respond after you receive the letter right? I'm only going away for 14 so I might have time to still respond!
 
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WesternLancer

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Thank you I've taken a screenshot of the address.

Yeah my only issue is that I'll have woken them if they forgot lol.

Thank you for your advice I will consider next steps should I not see a letter

== Doublepost prevention - post automatically merged: ==

Normally I would wait and just leave this alone but considering I'm travelling I don't wanna leave it. They normally give you 21 days to respond after you receive the letter right? I'm only going away for 14 so I might have time to still respond!
I can’t recall how long they give you but it will be in letters on other threads. Problem is eg 4 or 5 of those days can be taken up before the letter gets to your address to start with.
 

traveller3699

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I can’t recall how long they give you but it will be in letters on other threads. Problem is eg 4 or 5 of those days can be taken up before the letter gets to your address to start with.
Damn I've been looking around and finding letters that say 14 days. Oof.

I guess if I don't receive a letter by 10th/15th maybe I'll write to them before my trip.
 

Hadders

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While you have 14 days to reply the relaity is they will give you a few additional days 'grace' because they know the post isn't perfect.
 

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