Fare evasion accusation (Sheffield - Wakefield)

[Sheffster123]

Hi- I recently boarded a train from Sheffield Train Station with the intention of purchasing a return ticket from Sheffield to Leeds Train Station.

I was due to meet a friend in Leeds and needed to catch the fast train in order to make my appointment on time. However, having been delayed due to heavy traffic I made it to the station much later than intended, and so I made the decision to seek out the conductor on the train rather than purchase an advance ticket from one of the machines in the busy foyer.

Whilst on the train I was unable to attract the attention of the conductor to do so. Concerned about what would happen if I arrived at Leeds station without a valid ticket I called my friend (who was due to board a slightly later train from Wakefield) to ask for his advice, as I was unfamiliar with what to do and aware that he had travelled the same journey many times before.

He advised me to either stay on the train in the hope that the conductor would come around again, or get off the train at Wakefield to speak to the information desk and purchase either a return ticket from Sheffield to Leeds, or a ticket from Wakefield to Leeds (if that was not possible) and speak to ticket officers at Leeds station about paying the difference or ‘extending’ my ticket to account for my full journey.

As I was unsure of what to do, and unable to find the ticket inspector as the train was about to arrive at Wakefield, I made the decision to break my journey to make sure that I could purchase a ticket. I disembarked the train, text my friend and went into my bag for my debit card. I couldn’t see an information point on the platform, so I crossed over the connecting bridge.

When I got to the bottom of the stairs, I was stopped by a ticket inspector just before I reached the ticketing area and information desk, who asked me to provide a valid ticket.

I was aware that I had travelled from Sheffield to Wakefield without a ticket and panicked that by leaving the train I had been wrongly advised and so told a female ticket inspector when questioned that I had purchased a ticket but left it in the machine and was disembarking the train to buy a new one.

Fully aware in hindsight that this was a very serious mistake to have made.

The ticket inspector summoned over another male inspector causing me to panic even more. I was quizzed by both inspectors about how I had paid. As I was holding a debit card I told them I had paid with my card, before then immediately confessing to both officers that I was actually yet to purchase a ticket and that I had gotten off the train and was heading to do so, gesturing towards my debit card.

I was taken aside by the female officer who asked me to confirm my name and address, I told her I felt very sick and was very shaken, to the point where when I was unable to actually write my full name without having to take a few moments to calm myself down.

I admitted to her that I had lied to them when quizzed on the whereabouts of my ticket due to sheer panic , and that had I seen the information desk before the inspectors stopped me, that I would have felt in a more confident position to explain my situation and be advised on what to do.

I told her I was travelling to Leeds and that I had gotten off the train because I had not had time to buy a ticket. I told her that had there not been an inspector at the station, my intention was still to purchase the ticket.

I reiterated that the only reason for me being in Wakefield was to ensure I purchased a ticket for travel & meet my friend.

I told her that I felt I had made every effort to seek someone out to do so up until that point as I was aware it was a felony to travel without a valid train ticket. I also stated that had I intended to evade purchasing a ticket, I would have just stayed on the train until my final destination instead of getting off to do the responsible thing and that I was not in the habit of travelling without a valid ticket.

I admitted that I should not have lied, but felt intimidated by the presence of a number of ticket officers in the foyer, and that I was stopped before I had a chance to see the information desk and explain my situation calmly without confrontation. (Ticket inspector rolled her eyes and smirked at me at this point...)

I told the inspector that I had the means by which to pay for my ticket, and was happy to receive a fine for having travelled thus so far without one, fully acknowledging my error. She refused, and said that the cost of the ticket would be claimed through the courts as I had broken the law for not having purchased a ticket before getting on the train and that I was guilty of fare evasion and should not have lied.

By this point my friend had seen me and purchased me a ticket, but she had already printed me a ticket and reiterated that the courts would contact me to reclaim the cost of my ticket but declined to offer me any further information.

I am fully aware that ticket fraud and fare evasion is a very serious matter which costs the National Rail service millions of pounds every year. I was brought up with a very strong respect for the law by father, a now retired senior police officer, and prior to this incident I have always purchased tickets in advance and in full (I have several bank statements for tickets purchased in the past twelve months).

I'm obviously very concerned - I had a full on panic attack shortly after the incident, fully aware that i did the wrong thing and ideally i would like for NR to see this for what it is (a stupid mistake from a very stupid person ultimately trying to do the right thing, but messing it up for themselves in the process)... any advice would be very welcome. Thanks in advance.

 

[Wath Yard]

If your friend bought you a ticket from Wakefield - Leeds then don't tell them that when they write and ask for your version of events as that would effectively be admitting you intended to evade the Sheffield - Wakefield fare - whether that was your intention or not.

 

[Sheffster123]

If your friend bought you a ticket from Wakefield - Leeds then don't tell them that when they write and ask for your version of events as that would effectively be admitting you intended to evade the Sheffield - Wakefield fare - whether that was your intention or not.

True - had I wanted to do that though, I'd have just waited on the platform or met him in Leeds instead and passed through the barriers with the ticket instead!

 

[island]

When you chose not to purchase a ticket before boarding, you committed an offence. Lying to the railway officer may have been a further and more serious offence.

Honesty is going to be your best policy going forward from here. The next usual step is for the train company involved (East Midlands Trains?) to send you a letter explaining that a person giving your details was spoken to on whatever date regarding the non-payment of a rail fare, and asking you to give a statement on the matter before taking things further.

We find that it often happens that people who have not come to the attention of the railway for similar reasons are able to make a payment relating to the fare avoided and the administrative costs incurred, in return for the matter not being taken further.

 

[cuccir]

By not purchasing a ticket at Sheffield - where presumably there was an opportunity to buy due to the presence of ticket machines - you've broken the Railway Byelaws which require you to have a valid ticket for travel.

I'm afraid that by lying to the staff about your origin station, you've left yourself open to the possibility of prosecution under the Regulations of the Railways Act for intent to avoid payment of fare, specifically for the stretch from Sheffield-Wakefield.

The relevant Train Operating Company - I'm presuming this is Northern Rail? - will likely write to you in the next few months, asking for your version of events. Based on what you write, and the evidence that they have gathered from their staff, they will either

1. Attempt to prosecute under the Regulation of the Railways Act. This can lead to a fine and criminal record
2. Attempt to prosecute under the Railway Byelaws, which is easier. This may lead to a fine
3. Ask for payment of the fare and some sort of administrative charge/penalty
4. Decide not to follow-up their investigations (very unlikely)

--
Edit - yes, as Island says, you may chose to offer number 3 in your response to the letter that they send you.

 

[Anvil1984]

I'll take a guess that it was Crosscountry. They have done station checks at Wakefield Westgate recently

 

[Sheffster123]

By not purchasing a ticket at Sheffield - where presumably there was an opportunity to buy due to the presence of ticket machines - you've broken the Railway Byelaws which require you to have a valid ticket for travel.

I'm afraid that by lying to the staff about your origin station, you've left yourself open to the possibility of prosecution under the Regulations of the Railways Act for intent to avoid payment of fare, specifically for the stretch from Sheffield-Wakefield.

The relevant Train Operating Company - I'm presuming this is Northern Rail? - will likely write to you in the next few months, asking for your version of events. Based on what you write, and the evidence that they have gathered from their staff, they will either

1. Attempt to prosecute under the Regulation of the Railways Act. This can lead to a fine and criminal record
2. Attempt to prosecute under the Railway Byelaws, which is easier. This may lead to a fine
3. Ask for payment of the fare and some sort of administrative charge/penalty
4. Decide not to follow-up their investigations (very unlikely)

--
Edit - yes, as Island says, you may chose to offer number 3 in your response to the letter that they send you.

Thanks for your help both, it was a genuine mistake. I was entirely truthful about my origin station and my destination.

 

[maniacmartin]

As previous posters have commented, unfortunately you made things much worse by lying to the inspectors, as this makes it easier for them to prove intent, which is required for a more serious Regulation of Railways Act prosecution.

I don't think there's much you can do now until the letter arrives requesting further details. Once that arrives (which may take several months), come back here and a fares adviser may be willing to proof read a letter to the TOC - so that you don't dig the hole deeper inadvertantly

 

[DaveNewcastle]

I agree with cuccir and island that there is nothing much to be done until the letter arrives, asking you for a Statement of events.
However, you could in the meantime write down any other facts which might be relevant while they are fresh in your mind, particularly anything that you will have said and which will be in the Inspector's written Statement.

I will make one observation though, based on your full version of events in your first post, and made from the point of view of someone who may receive hundreds of these Statements from passengers who have been detected travelling without a valid ticket. Their task includes an assessment of whether the Evidence provides adequate grounds to secure a successful Prosecution, but also an assessment of whether the passenger was really at fault or whether it would not have been reasonably possible for them to buy a ticket in those circumstances.

One feature of such letters by those who have evaded paying for their fare is their 'post-hoc rationalisation', that is to say, that they list each failing and then offer a rational explanation, more than is necessary for the actual Offence being investigated. You might want to be aware that your report in your initial post appears to do exactly this in four or more places. (busy traffic, phone call advice, unable to find the Guard, already holding the debit card, causing you to panic, feeling sick). When you provide your Statement when asked, you might want to consider this point of view.

They will be looking for any evidence that you passed an opportunity to pay for your fare before being Interviewed. Or not.

 

[island]

Indeed! And for future reference, Sheffster123: buy before travelling if there are ticketing facilities at your departing station!

 

[Sheffster123]

Indeed! And for future reference, Sheffster123: buy before travelling if there are ticketing facilities at your departing station!

Always! As I've mentioned, the cruel irony of this whole situation is that I normally would never ever ever travel without having purchased a ticket. But I'm sure inspectors get told that one all the time too... :/

 

[Dave1987]

I think others have given some very good advice. Lying to a ticket inspector whether you were in a panic or not is never a good idea. Think of it this way would you lie to a police officer if you were in a panic and they were quizzing you? Wait until the letter from the TOC comes through then come back to this forum, yorkie I'm sure will give you some great advice.

 

[Sheffster123]

Thanks Dave, I know - in hindsight extremely foolish, which I admitted in my statement to the inspector.

 

[mumrar]

Always! As I've mentioned, the cruel irony of this whole situation is that I normally would never ever ever travel without having purchased a ticket. But I'm sure inspectors get told that one all the time too... :/

Please don't take this as a personal dig, it is not. I hear this very often from people wanting railcard discounts or off-peak tickets when they have boarded at a staffed station. I'm talking about individuals who are sitting down and have made no attempt to find me and purchase a ticket BTW. It is a slighty bizarre defence, I'm sure if I got caught speeding down a regular road I couldn't avoid the charge with mitigation that I usually stick to the speed limit along that stretch of road.

All the best with what comes in the post and come back for advice.

 

[Sheffster123]

Please don't take this as a personal dig, it is not. I hear this very often from people wanting railcard discounts or off-peak tickets when they have boarded at a staffed station. I'm talking about individuals who are sitting down and have made no attempt to find me and purchase a ticket BTW. It is a slighty bizarre defence, I'm sure if I got caught speeding down a regular road I couldn't avoid the charge with mitigation that I usually stick to the speed limit along that stretch of road.

All the best with what comes in the post and come back for advice.

Thanks for your feedback, I don't take it personally but hand on heart I have never done it before. Do you think it would be worth me showing that I am regular fare payer by providing statements which show previous tickets I have purchased in advance...? I really don't travel by train regularly (not on a daily basis, but I do travel one route often ie. once every few months)

 

[Dave1987]

Thanks for your feedback, I don't take it personally but hand on heart I have never done it before. Do you think it would be worth me showing that I am regular fare payer by providing statements which show previous tickets I have purchased in advance...? I really don't travel by train regularly (not on a daily basis, but I do travel one route often ie. once every few months)

I don't think that will make a difference no. If you had told them exactly why you didnt have a ticket straight up first time (I know you say in hindsight you regret that) they would have prob issued you with a penalty fare as it is your first offence then that would be the end of the matter, BUT because (and try and look at it from their point of view) you have tried at first to claim you had bought a ticket but forgot it and then admitted you didn't immediately says to them you are attempting to deliberately fare evade. Wait for the letter to come through and see which avenue the TOC are going to go down. Until then nobody can really give you any concrete advice on what to do.

 

[island]

Can you tell us what Train Operating Company you were using by the way?

 

[DaveNewcastle]

. . . . Do you think it would be worth me showing that I am regular fare payer by providing statements which show previous tickets I have purchased in advance...?

No.
For the reason I gave above, it is a rational explanation after the event which any Prosecutor will recognise as being irrelevant to the question which they are trying to answer (as above: had you passed an opportunity to pay for a ticket before you were interviewed? Or not?).

In the event that your incident is taken to Court, and lets hope it doesn't have to go there, and you are deemed to be Guilty, then your 'track record' would be mentioned in mitigation in an effort to lessen the penalty.

But as has been said repeatedly, there is nothing more that can be done until you receive correspondence from the Investigating Officer.

 

[snail]

One feature of such letters by those who have evaded paying for their fare is their 'post-hoc rationalisation', that is to say, that they list each failing and then offer a rational explanation, more than is necessary for the actual Offence being investigated. You might want to be aware that your report in your initial post appears to do exactly this in four or more places. (busy traffic, phone call advice, unable to find the Guard, already holding the debit card, causing you to panic, feeling sick). When you provide your Statement when asked, you might want to consider this point of view.

Reading the OP again, something else to consider is whether the gender of the ticket inspector is relevant in any way when recounting what happened.

Stick to the facts but keep it simple is good advice.

 

[IanXC]

they would have prob issued you with a penalty fare as it is your first offence then that would be the end of the matter

Remember that a Penalty Fare is not a network wide possibility. I'm pretty certain regardless of the Train Operating Company it is not possible to get a PF in this location (even if EMT think otherwise )

 

[Dave1987]

Remember that a Penalty Fare is not a network wide possibility. I'm pretty certain regardless of the Train Operating Company it is not possible to get a PF in this location (even if EMT think otherwise )

Surely a penalty fare would have been applicable according to this,

http://www.eastmidlandstrains.co.uk/site-information/legal-information/penalty-fares/

If the OP had been straight up when first asked (I know they regret not doing this)

 

[IanXC]

Surely a penalty fare would have been applicable according to this,

http://www.eastmidlandstrains.co.uk/site-information/legal-information/penalty-fares/

If the OP had been straight up when first asked (I know they regret not doing this)

Ooops! Yes assuming the OP was travelling on an EMT service, and was stopped by a member of EMT staff then it would be applicable. It seems unlikely both conditions would be met.

Travelling southwards from Leeds and Wakefield EMT are not able to charge PFs, even though they announce, and use in discussionwith passengers, the option to do so.

 

[Dave1987]

Ooops! Yes assuming the OP was travelling on an EMT service, and was stopped by a member of EMT staff then it would be applicable. It seems unlikely both conditions would be met.

Travelling southwards from Leeds and Wakefield EMT are not able to charge PFs, even though they announce, and use in discussionwith passengers, the option to do so.

That is a point we haven't found out yet with TOC the OP used to travel and which stopped them at Wakefield.

 

[YorkshireBear]

I am going to presume XC as the Northern Express services (he refers to catching an express) go to kirkgate where i have never seen a member of staff. Whereas i have at westgate where the XC trains go to. Also, much more likely that conductor wouldnt come through on a XC train. Northern it is much easier to get their attention generally.

They also waited for him at the bottom of the stairs, i presume if they patrolled kirkgate they would use the top of the stairs not the subway. So bottom of footbridge stairs at westgate seemes reasonable.

Its an educated guess.

 

[Mike395]

Sheffster123, I am going to temporarily lock this topic as there is nothing more to be said until you receive the letter outlining what the TOC is going to do - and try not to worry too much about it until then as there's nothing further you can do at this stage.

Please PM a member of forum staff when the letter arrives, and we will get the topic re-opened