Moderator Note: I've merged this post in to the original thread started by @FireAndHope in December 2023 to keep everything relating to the case in one place.
Hi guys,
I have been charged with travelling on a Chiltern railways train without a valid ticket (details below). However, I am keen to fight the charge because the way in which the charge came about was very confused.
For context:
Late last year, I was making my way home from work in London. As I had been unemployed for a long while I was entitled to a JobCentre Railway Card (which provides a discount), I had therefore purchased a ticket using the railcard. When I arrived at X station (where I get the train home to X), a Chiltern railways attendant approached me on the platform (I had not entered the train) and asked to see my ticket. I produced the ticket. He then asked to see the associated railcard. I produced the railcard. It was at this point I realised my error, the railcard had been expired for a couple weeks - I had foolishly believed it was valid through to month is was travelling as opposed to the previous month. However, at this point the matter becomes confusing - upon seeing the invalid railcard, the attendant confiscates it and asks me to give a statement, at this point my train is 3 minutes from leaving, I ask him do I have to give a statement and he says no but it may harm me later. I then ask can I buy a new ticket to travel, he says no. I asked how then can I get home, he says he can validate my current ticket to enable me to travel (I point out that at this point I had not entered the train). I offered then and there to purchase a correct ticket but he did not permit me to do this. I then ended the interview and boarded the train.
Today:
I received a ‘single justice procedure notice’ in forming me I had been charged with an offence.
The charges are:
1:
‘That you, on X Day between X and X stations did contravene Byelaw no 18 (1) of the Railway Byelaws made under Section 219 and Schedule 20 of the Transport Act 2000, in accordance with the Railways Act 2005, in that you entered a train in a non-compulsory ticket area for the purpose of travelling on the Railway without having with you a valid ticket entitling you to travel.’
2:
‘That you, on X Day between X and X stations did contravene Byelaw no 18 (2) of the Railway Byelaws made under Section 219 and Schedule 20 of the Transport Act 2000, in accordance with the Railways Act 2005, in that you failed to hand over a ticket for inspection and verification of validity when asked to do so by an authorised person..’
Chiltern Railways then claims the fare avoided approximately £40 which they claim together with around £170 for the prosecution costs.
I am happy to settle any fee out of court, however it is completely wrong to suggest i entered the train for the purpose of travelling without a valid ticket. I must make it clear: when I was stopped by the attendant no offence had been committed. I had not boarded any train. The attendant did not give me the opportunity to purchase the correct ticket, despite me asking to do I was not afforded the opportunity to mitigate the situation. This to me was deeply confusing. I had not travelled on any train, yet I was told I had committed an offence of travelling on a train without a valid ticket. I asked the attendant could I simply go and buy the correct ticket. He said no and would not explain further, despite being right next to a ticket booth. I asked him how can I get home. He told me he could (his words) “validate my ticket”, which he then scanned. I would not have entered the train otherwise if not for this communication from the attendant.
In terms on mitigating circumstances more generally, I have been and continue to be a customer of Chiltern railways, immediately when I got home following this incident I emailed them to apologise, I also ordered a new railcard the next day with which I have been travelling on with a valid ticket since then every week (so in no way have I ever intentionally or purposefully tried to avoid paying the railway). I can provide records to this effect. I have always in every other given circumstance paid the correct fare.
The truth is it was an honest mistake on my part to have not realised the railcard was invalid, however I immediately strove to make amends and now that I have seen the charge I believe the attendant did not give me the correct advice. To receive a criminal record over this would be devastating.
Please advise on what I should do now. My immediate thoughts are: send an email apologising and outlining the above, and contacting a solicitor to help get a settlement.