Chiltern Railways Advice

[twothreeone]

Hi there, I was recently caught with a child ticket from Marylebone to Beaconsfield rather than the appropriate adult ticket. When approached by the inspector I put my hands up to this but he was unwilling to offer me a new ticket a full-price. My details were taken and I was told that I would receive a letter explaining that I would likely be prosecuted. Just wanted to see what the likelihood that prosecution will take place on a one-off single being incorrectly brought. I wasn't abusive and understand that what I did was wrong but am quite nervous for the possible outcome. Could this be a prosecution and large fine or is that unlikely?

 

[Hadders]

Welcome to the forum! I have put below the advice I usually give to people who seek advice in similar circumstances to yourself.

You are likely to receive a letter from the train company (or an investigation company acting on their behalf) which will probably take a few weeks to arrive saying that they have received a report, are considering prosecuting you and asking for your version of events. It is important that you engage with and reply to this letter. You might want to include the following in your reply:

- That you are sorry for what has happened
- What you have learned from the incident
- That you are keen to settle the matter without the need for court action
- Offer to pay the outstanding fare and the train company's administrative costs in dealing with the matter

Make sure your reply is short and concise, don't give a sob story - they've heard it all before. Most train companies are usually prepared to offer an administrative settlement (commonly known as an out of court settlement) to people who engage with the process and who haven't come to their attention before. There is no guarantee of this, and the train company is within their rights to prosecute you in the magistrates court, however harsh this may seem.

If you are offered a settlement the amount varies depending on the train company and circumstances but tend to be around a hundred pounds plus the outstanding fare. An out of court settlement might appear to be a fine, but it isn't and you won't have a criminal record as a result of accepting one.

 

[twothreeone]

Welcome to the forum! I have put below the advice I usually give to people who seek advice in similar circumstances to yourself.

You are likely to receive a letter from the train company (or an investigation company acting on their behalf) which will probably take a few weeks to arrive saying that they have received a report, are considering prosecuting you and asking for your version of events. It is important that you engage with and reply to this letter. You might want to include the following in your reply:

- That you are sorry for what has happened
- What you have learned from the incident
- That you are keen to settle the matter without the need for court action
- Offer to pay the outstanding fare and the train company's administrative costs in dealing with the matter

Make sure your reply is short and concise, don't give a sob story - they've heard it all before. Most train companies are usually prepared to offer an administrative settlement (commonly known as an out of court settlement) to people who engage with the process and who haven't come to their attention before. There is no guarantee of this, and the train company is within their rights to prosecute you in the magistrates court, however harsh this may seem.

If you are offered a settlement the amount varies depending on the train company and circumstances but tend to be around a hundred pounds plus the outstanding fare. An out of court settlement might appear to be a fine, but it isn't and you won't have a criminal record as a result of accepting one.

Hi, I appreciate the advice. Just a follow-up would the nature of the incident (low-cost fare, first-time offence etc) make it more likely that this would be easily settled, or are they likely to continue attempting to push for prosecution despite the actual change in cost between tickets being about £5

 

[Tazi Hupefi]

Hi, I appreciate the advice. Just a follow-up would the nature of the incident (low-cost fare, first-time offence etc) make it more likely that this would be easily settled, or are they likely to continue attempting to push for prosecution despite the actual change in cost between tickets being about £5

If there’s nothing unusual about the case, and it’s your first time, you’re pretty guaranteed to be offered a settlement. Might take a letter or two, but you will almost certainly be fine!

Just keep things polite and calm, don’t escalate anything. If you haven’t heard in a few months, I’d personally get in touch with them just in case an address has been mistyped. Could take up to 6 months, but shouldn’t be that long.

Anything under £400 will be cheaper than a day at court, but I think it will be more around the £100-£200 mark to settle.

 

[AlterEgo]

Hi, I appreciate the advice. Just a follow-up would the nature of the incident (low-cost fare, first-time offence etc) make it more likely that this would be easily settled, or are they likely to continue attempting to push for prosecution despite the actual change in cost between tickets being about £5

You may find this thread helpful: https://www.railforums.co.uk/threads/chiltern-railways-transport-investigations-limited.218308/

 

[twothreeone]

If there’s nothing unusual about the case, and it’s your first time, you’re pretty guaranteed to be offered a settlement. Might take a letter or two, but you will almost certainly be fine!

Just keep things polite and calm, don’t escalate anything. If you haven’t heard in a few months, I’d personally get in touch with them just in case an address has been mistyped. Could take up to 6 months, but shouldn’t be that long.

Anything under £400 will be cheaper than a day at court, but I think it will be more around the £100-£200 mark to settle.

Cheers for the response, is it likely they'll push for prosecution initially or will the letter I receive offer a settlement opportunity straight away?

You may find this thread helpful: https://www.railforums.co.uk/threads/chiltern-railways-transport-investigations-limited.218308/

Hi thanks for this, going through it the discussion seems to get bogged down in who sends the letter and how things can play out. Do we know if the letter has to come from Chiltern or will it be dealt with by an outside company? - the person I was stopped by was wearing chiltern railways gear but was part of a group of inspectors (kitted up more like delta squad than a train inspector, but that's besides the point)

 

[Tazi Hupefi]

Cheers for the response, is it likely they'll push for prosecution initially or will the letter I receive offer a settlement opportunity straight away?

I suspect they will initially write to you asking for your version of events, advising that the case is authorised provisionally for prosecution.

Briefly respond outlining what happened, keep it short and simple. At the end, add in a part that you are apologetic, and would like an opportunity to cover any costs they’ve incurred handling your case. Send it back recorded / tracked delivery so you know they’ve received it.

They will probably write back offering a settlement, but if not, don’t worry, send another letter, again apologising, but add a bit more about what you’ve learnt from the experience etc, again offering to cover any costs they’ve incurred. You’ll eventually end up with a settlement of what you’ve said so far is correct.

The whole point of this is to teach you a lesson / educate you, with a punitive financial element. As long as they know that you have learnt your lesson, you’ll be ok.