Annual Card Misuse

Hi, I just today I have a have been disciplined by GWR for misusing my annual card, I basically scratched off my 'Not' text from 'Not Valid London Stations' on the journey to Paddington. This was due to missing a train In which my card grants me access of travel from Reading to Ealing Broadway. I used it for the London Paddington train, I was stopped at the gate and read my Miranda right by the inspector.

I gave him all my details and in my eyes was very compliant, I have never done this before so I was chancing my arm. I know i'll never do this again but can someone tell me how serious this is? When I heard him read my rights I was shocked. I'm not from London so I assumed that by taking the London Paddington train to get to Ealing Broadway then I was entitled to go to Paddington.

1)How serious is this?
2)Will I get my Annual Card back?
3)I stated in questioning that I didn't intend on skipping fare
4) Will I have a criminal record or something and will I have to go to court?

Any Help is greatly appreciated

Others will answer your questions soon, I am not an expert.

Meanwhile Post 10.4 explains about when a ticket may be withdrawn and 10.9 covers the possible offences. You might find these helpful.
https://www.railforums.co.uk/thread...guide-section-10-disputes.71873/#post-1250721

TOcs take ticket tampering very seriously and is usually a RoRa offence. however GWR usually refrain from taking OPs to court and usually prefer to offer the choice of a settlement of the correct fare paid plus costs as they state on their Penalty Fare site that even though they have no tolerance to fare ducking they are reluctant to convict offenders due to implications. They will probably ask you to pay double the anytime fare price from Reading to London which comes up to about £60. Or they may ask you to rectify what happened before they decide what to do next which you then should then be trutful and show remorse you do won't it again (but don't make it into a long sob story just stick to facts) If you were cooperative with them when they took your details then the most they'll charge you with is a Byelaw offence which is not a criminal record just a hefty fine

MJN11 said:

TOcs take ticket tampering very seriously and is usually a RoRa offence. however GWR usually refrain from taking OPs to court and usually prefer to offer the choice of a settlement of the correct fare paid plus costs as they state on their Penalty Fare site that even though they have no tolerance to fare ducking they are reluctant to convict offenders due to implications. They will probably ask you to pay double the anytime fare price from Reading to London which comes up to about £60. Or they may ask you to rectify what happened before they decide what to do next which you then should then be trutful and show remorse you do won't it again (but don't make it into a long sob story just stick to facts) If you were cooperative with them when they took your details then the most they'll charge you with is a Byelaw offence which is not a criminal record just a hefty fine

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Thank you MJN11, you have set my mind at rest. I know I will never do this ever again, but i'm glad they usually like to opt for a less severe legal punishment.

I will update you all as it progresses.

It does seem to be the case that, if you are apologetic and co-operative, GWR is one of the better companies to deal with and it will often offer and agree fair settlements in lieu of prosecution.
How much time is left on the ticket? Tampering with the ticket ends the contract you made with GWR for a year's travel, which means you've forfeited whatever time remained on it. However, if there was a lot of time left on it and you co-operate and apologise you might succeed in negotiating to receive a replacement as part of a settlement. Unlike some other companies, GWR seems to have a reputation of acting reasonably and fairly in matters like this rather than punitively. You can read its policy here

furlong said:

It does seem to be the case that, if you are apologetic and co-operative, GWR is one of the better companies to deal with and it will often offer and agree fair settlements in lieu of prosecution.
How much time is left on the ticket? Tampering with the ticket ends the contract you made with GWR for a year's travel, which means you've forfeited whatever time remained on it. However, if there was a lot of time left on it and you co-operate and apologise you might succeed in negotiating to receive a replacement as part of a settlement. Unlike some other companies, GWR seems to have a reputation of acting reasonably and fairly in matters like this rather than punitively. You can read its policy here

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Hi Furlong, my ticket is paid for until August 2019. In your opinion what angle should I take in approaching them for a replacement?

Anon AO said:

Hi, I just today I have a have been disciplined by GWR for misusing my annual card, I basically scratched off my 'Not' text from 'Not Valid London Stations' on the journey to Paddington. This was due to missing a train In which my card grants me access of travel from Reading to Ealing Broadway. I used it for the London Paddington train, I was stopped at the gate and read my Miranda right by the inspector.

I gave him all my details and in my eyes was very compliant, I have never done this before so I was chancing my arm. I know i'll never do this again but can someone tell me how serious this is? When I heard him read my rights I was shocked. I'm not from London so I assumed that by taking the London Paddington train to get to Ealing Broadway then I was entitled to go to Paddington.

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As always, there is good advice above and I wish you good luck.

However, I want to advise you not to claim that you assumed the ticket entitled you to go to London Paddington. I don't think anyone will believe this given that the ticket stated "Not Valid London Stations", and that you scratched off the "Not".

Keep whatever alternative tickets you are buying, with receipts, then later in the process if you are successful in reaching a settlement (typically to pay the fare(s) cheated and the company's costs - expect a low 3-figure sum) they might agree to take some of the cost of the extra tickets you bought into account and issue you with a replacement. Give them time to assess your case (a couple of weeks?) and wait for a letter to see what the next steps will be. (If you are impatient, the PDF I linked to has their email address, but be careful not to write something that makes your situation worse.)

anme said:

However, I want to advise you not to claim that you assumed the ticket entitled you to go to London Paddington. I don't think anyone will believe this given the that ticket stated "Not Valid London Stations", and that you scratched off the "Not".

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This. The action strongly contradict any claims of "not realising".

You can expect a considerable bill to avoid this going to court, as GWR may well assume you’ve been misusing the ticket for all six months since you got it.

To summarise what people have said in answer to your questions
1)How serious is this?
Potentially quite serious because you altered an annual season ticket or annual travelcard.
FYI the difference in Season Ticket rates is about £15 per week, double that if you had a Travelcard.

2)Will I get my Annual Card back?
See post #8.

3)I stated in questioning that I didn't intend on skipping fare
See post #7. Your actions unfortunately don't bear this out.

4) Will I have a criminal record or something and will I have to go to court?
Possibly (but it will soon be spent), but only if you are prosecuted.
IMO it may help that you made such an amateurish alteration (sorry!), so you are less likely to be considered a serious fraudster.

BTW were you asked to sign a statement? (See point 10.4 linked from my previous post)