Govia Thameslink Rail - Notice of Intention to Prosecute

[Tombo]

Hi all,
Five days ago I received a Notice of intention to prosecute from the train company. I have been asked to explain 'failing to hand over a rail ticket for inspection'. Here's what happened...

I live in Harpenden and am working in Cricklewood. I buy a standard return ticket also using a 16-25 rail card which costs in total £12/day. At the end of the day I walked to Cricklewood station and got on a train (btw Cricklewood station is very small and doesn't have barriers). As I didn't need to swipe my card I did not realise that I had left my wallet in my place of work, and thus both my train ticket and my bank card.

Therefore, upon being stopped by the ticket inspector I could not produce a ticket and, further, did not have the means to pay a fine. This was explained to the inspector.

Now I am looking at a letter saying that I could be facing a fine of up to £1000 and more concerning, a criminal record. This is the first time I have ever faced something like this, I have never had a run-in with the law and so I am pretty nervous about this (especially as my lawyer neighbour told my parents I am most likely going to get a criminal record). I finished university at the beginning of the summer and am now saving up to go travelling with my friend (something that could be severely hindered with a criminal conviction).

I have done some research on this and read similar experiences of others. It seems in most cases a hefty fine is more common than a criminal record? This site seemed the most authoritative to me and so I have decided to ask for the advice of its members. How should I proceed with my response? Should I offer a lump sum straight away to avoid a court process? How likely is it that I with receive a criminal record?

Thank you anyone who has even read this far, and thanks again if you give your input.

 

[yorkie]

Have you contacted the company and sent the ticket (by registered post, in case it gets lost, after taking a photo/scan for your records) to them?
--- old post above --- --- new post below ---
So you got rid of the ticket?!

Out of interest, how did you pay for it? If you paid for it by card, there should be a record of the transaction?

If there's no record of having bought the ticket, I think you'll be looking at trying to settle the matter out of court. There's nothing else I can suggest.

As for whether or not a criminal record would result in a guilty verdict, it depends on what legislation they use if they decide to prosecute you.

There might be enough information on the letter they sent you to determine what legislation they're minded to use, but I can't tell that from your post.

... my lawyer neighbour told my parents I am most likely going to get a criminal record)....

If your lawyer neighbour has read the letter and determined that they are using the Regulation of Railways Act, then your neighbour is correct that if a settlement could not be reached, and the matter went to court and you were subsequently found guilty (or pleaded guilty) of intending to avoid payment, you'd end up with a criminal record.

I'd be surprised if a settlement wasn't possible though, and it also wouldn't surprise me if they went for the easier strict liability Byelaw offence, as that would be much easier for them (they do not have to prove intent), either of those outcomes would avoid a criminal record.

 

[Tombo]

Hi yorkie,
No I haven't - I truly underestimated the seriousness of the issue and took no efforts to retain my ticket. This was also the case as the letter took so long to arrive, leading me to further underestimate the serious nature of my circumstance. I regularly recycle and throw out the many tickets that build up in my wallet.

 

[455driver]

Deleted as no ticket available.

 

[Tombo]

Yorkie - unfortunately the ticket was paid for by cash. The letter only refers to the offence of "failing to hand over a rail ticket for inspection". Should I immediately offer a settlement sum in my letter, or wait for a response? How much could the settlement reach?

455driver - I do not have the records of my ticket, I mistakenly made no real attempt to retain any records, a predicament further compounded by the fact that the ticket was not bought with card (a potential record of transaction)

 

[DelayRepay]

455driver - I do not have the records of my ticket, I mistakenly made no real attempt to retain any records, a predicament further compounded by the fact that the ticket was not bought with card (a potential record of transaction)

This is very unfortunate. I think Thameslink will find it odd that someone who was stopped by an Inspector and had their details taken, would then throw away the one piece of evidence which could help their case!

 

[455driver]

Yorkie - unfortunately the ticket was paid for by cash. The letter only refers to the offence of "failing to hand over a rail ticket for inspection". Should I immediately offer a settlement sum in my letter, or wait for a response? How much could the settlement reach?

Sounds like they are thinking about a byelaw offence so no criminal record.
Just fill the letter in using the age old ABC of letter writing, Accurately, Brief and Concise, apologise for your mistake, wont do it again, etc and offer a contribution (no amount though, leave that to them later) towards the costs of dealing with the incident and see what happens.

 

[LateThanNever]

Sounds like they are thinking about a byelaw offence so no criminal record.
Just fill the letter in using the age old ABC of letter writing, Accurately, Brief and Concise, apologise for your mistake, wont do it again, etc and offer a contribution (no amount though, leave that to them later) towards the costs of dealing with the incident and see what happens.

And do emphasise your mistake and mention that you are a young worker (perhaps a first job?) so would like to travel on the the railway in the future. You are devastated that you left your wallet at home, which has not done you any other favours. You've made an error so perhaps suggest to them that you've heard (Old Japanese proverb) that someone who has made no errors has made nothing...

 

[Squaddie]

You've made an error so perhaps suggest to them that you've heard (Old Japanese proverb) that someone who has made no errors has made nothing...

I do hope this is not a serious suggestion, as it is entirely inappropriate.

Tombo - when you write to Govia Thameslink, keep the letter factual and concise, sticking to the facts and explaining clearly (without waffle) why you had no ticket when you were checked. Remember that the letter will be read by someone who probably has a huge pile of similar letters to deal with and who will have little time to wade through several paragraphs of irrelevant detail to find the facts.

 

[island]

The offence of "failing to hand over a ticket for inspection" does not carry a criminal record.

 

[Tombo]

Here is a draft of my letter. Thoughts?


Dear Sir/ Madam

On Tuesday the 28th of October I failed to hand over a rail ticket for inspection. Here is what happened:

I live in Harpenden and am working in Cricklewood. I buy a standard return ticket in conjunction with a 16-25 young persons rail card, which costs a total of £12 a day. After finishing work on the 28th I walked to Cricklewood station and boarded the 17:41 from Sutton to Luton (going through Harpenden). However as Cricklewood station does not have barriers meaning I did not have to swipe my ticket, I failed to realise that I had forgot my wallet in my place of work. Therefore, upon being stopped by the ticket inspector I could not produce a ticket and, furthermore, did not have the means to pay the fine.

Furthermore, due to the fact that the letter took some time to arrive, along with my incorrect belief that I was only being contacted to pay the £20 fine (or double the train fair – whichever is more), I took no efforts to retain my ticket – which would easily resolve the issue. I use the service every day and so would accumulate an overwhelming amount of tickets if it were not for my regular recycling of them.

I can only offer my sincerest apologies for a stupid mistake that has placed me in a very stressful situation. I regularly use your great service and will continue to do so. I also appreciate the necessity of ticket enforcement and the subsequent trouble and irritation my trivial mistake may have caused you and the company. I am happy to offer a contribution towards the cost of dealing with the incident.

I apologise again for my blunder. It will not happen again.

Sincerely
……………..

 

[Haywain]

Train fare, not fair. And perhaps cut out the mention of great service - given their recent performance it might easily be seen as sarcasm.

 

[Abpj17]

Mostly drafting fixes - defer to others for the legalities!

Dear Sir/ Madam

On 28 October 2014 I failed to hand over a rail ticket for inspection. I am writing you to set out my record of events with a view to the prosecution being dropped.

I live in Harpenden and work in Cricklewood. Each working day (Monday - Friday), I buy a standard return ticket (using a 16-25 Young Persons' rail card) which costs a total of £12 a day. After finishing work on 28 October, I boarded the 17:41 from Sutton to Luton at Cricklewood. As Cricklewood station does not have barriers I failed to realise that I had left my wallet at work (as there are no barriers for tickets to be inserted). When I was stopped by the ticket inspector I could not produce a ticket as it remained in my wallet at work and I did not have the means to pay the fine on me at the time.

I believed that any subsequent contact from you would only be to request payment of a £20 fine (or double the train fare ) rather than in relation to prosectuion. In light this misunderstanding on my part, and the time taken for your letter to arrive, I did not retain the ticket (which would demonstrate I had a ticket to travel on the day in question). As I use the service every day, I prune the number of tickets in my wallet on a regular basis.

I can only offer my sincerest apologies for a stupid mistake that has placed me in a very stressful situation. I appreciate the necessity of ticket enforcement and the subsequent trouble my oversight may have caused. I am happy to pay the administrative costs associated with writing the letter to me.

I apologise again for my blunder. It will not happen again.

Sincerely

[is there such as thing as a 'standard' return - peak or off-peak?
And you're falling into the common trap of using far too many words ]

 

[ian959]

You should change the reference to "fine" to "penalty fare" - you have not been given a fine yet...