details taken after not having a ticket no fine given

[griminalways]

hi all,

i’m in panic mode right now.

I didn’t buy a ticket at byfleet station (no barriers) and was going to surbiton (barriers) but was hoping that i could buy a ticket on the train or at the barriers at surbiton

a ticket inspector comes with another one beside him. asks where did i get on, i said weybridge by mistake, he said there’s barriers there, i panicked again and said hersham (the station we were at at the moment... i’m a highly anxious person and felt like i was being interrogated) then eventually told him the right answer. i had my card out before all of this - ready to pay. i gave him my id when asked straight away.

bit worried as i’ve been reading up on posts talking about prosecution...

what do you guys think will happen?

i can’t afford to be getting a conviction

thanks in advanced

edit the TOC is southwest trains

 

[BluePenguin]

Was there any way for you to buy ticket before you got on the train at Byfleet? I am not sure if it has a ticket office or machine.

If not I would have thought they would have sold you a ticket on the train as it would have been your first opportunity. Getting your stations mixed up probably didn't help although I'm sure someone will be along to offer some advice shortly.

 

[_toommm_]

They will write to you, setting out their intent (which is normally prosecution), and the reason why. You'll then have a limited amount of time to reply to them with your version of the events (something which we can help you with) at which point SWTrains will decide whether they will settle by you paying the fare plus administration costs (which isn't a fine), or failing that, still want to carry on to prosecution.

If you are offered a fixed fee settlement, pay up as soon as possible as its only a limited time offer essentially, and SWTrains don't have to offer it to you.

You may be waiting a week or two to receive a reply, it may be a few months. Other posters who've had more experience with SWTrains will advise on specifics and possible likelihoods, but make sure most of all you reply in the timeframe!

 

[griminalways]

thank you for your response.

so they will always write to me stating that they will i tend to prosecute or can this first letter state an ooc settlement?

also, this is the first time this has happened. not sure if this helps my case

 

[Parham Wood]

Others I am sure will guide you about the implications and possible outcomes etc of not buying a ticket before boarding assuming that there was a means of buying a ticket at Byfleet (open ticket office or ticket machine) when you boarded the train. In respect of you giving incorrect boarding station information, if this was due to your anxiety condition I would advise that you need to a letter addressed to SWT from your GP or the medical professional you see for your condition. The letter should explain your condition and hopefully if they deem it medically possible that it could lead to you being confused in stressful situations. You should include this with your reply to SWT. If you are officially classed as a vulnerable person you should include details to support this as well. It may not get you off the penalty for not having a ticket but may help support you assertion that you intended to pay at some stage on your journey and persuade SWT not to prosecute for giving a false boarding station.

 

[griminalways]

Others I am sure will guide you about the implications and possible outcomes etc of not buying a ticket before boarding assuming that there was a means of buying a ticket at Byfleet (open ticket office or ticket machine) when you boarded the train. In respect of you giving incorrect boarding station information, if this was due to your anxiety condition I would advise that you need to a letter addressed to SWT from your GP or the medical professional you see for your condition. The letter should explain your condition and hopefully if they deem it medically possible that it could lead to you being confused in stressful situations. You should include this with your reply to SWT. If you are officially classed as a vulnerable person you should include details to support this as well. It may not get you off the penalty for not having a ticket but may help support you assertion that you intended to pay at some stage on your journey and persuade SWT not to prosecute for giving a false boarding station.

thank you for your reply

so getting a letter from my gp - is this a known thing that usually helps or are you coming off an assumption?

thanks in advance

 

[griminalways]

also - would me offering my card straight away before they even asked me what station i got on help with intending to pay?

 

[Darandio]

also - would me offering my card straight away before they even asked me what station i got on help with intending to pay?

Probably not, it's often termed as 'pay when challenged' and they see it daily.

 

[griminalways]

also getting off at surbiton where there are gates... surely they’ll take that into consideration that i expect to be gates and be challenged upon arrival?

 

[najaB]

I didn’t buy a ticket at byfleet station (no barriers) and was going to surbiton (barriers) but was hoping that i could buy a ticket on the train or at the barriers at surbiton

As I'm sure you know by now, with a few exceptions it is a criminal offence to board a train intending to travel without a ticket where there was an opportunity to buy beforehand. The only two questions that need to be answered are:

1. Could you have purchased your ticket before travel (i.e. were the ticket facilities working and available)?
2. Were you given explicit permission to board either by way of a sign or at the instruction of a railway employee in the course of their job?

I presume the answers were "Yes" and "No" respectively?

i said weybridge by mistake, he said there’s barriers there, i panicked again and said hersham (the station we were at at the moment.

So you, coincidentally of course, forgot the station that you boarded at and named not one but two stations from which a lower fare would apply?

also - would me offering my card straight away before they even asked me what station i got on help with intending to pay?

Probably not, it's often termed as 'pay when challenged' and they see it daily.

Indeed it is, and they do.

also getting off at surbiton where there are gates... surely they’ll take that into consideration that i expect to be gates and be challenged upon arrival?

Which wouldn't have been a problem if you had in your possession a ticket from Weybridge or Hersham, would it?

I'm not saying you're a fare dodger because I don't know anything about you, but your actions are those of a fare dodger and that is what you need to consider in your dealings with the TOC.

As others have said, they will likely be in contact soon, at which time you will need to make the case that you accept that your actions give the impression that you were trying to evade paying the correct fare and that you want to settle the matter as expeditiously as possible.

 

[griminalways]

thank you for your response najab

honestly, weybridge was the next stop from byfleet. i looked up the price and it’s like £1 difference. i said hersham in panic as the announcement said it as we arrived... looks bad but i’m an extremely anxious person when it comes to social situations

i have recently underwent cbt therapy for it but it’s not helped much so need to get referred again

do you think this sort of scenario is likely to end up in court and be convicted? i know you can’t say for sure without the letter being sent but i’m really worried

 

[najaB]

do you think this sort of scenario is likely to end up in court and be convicted?

I'd say that if it's South Western Railway, then the odds are in your favour. If the RPIs were from TfL then they are not.