Help: Got a letter for notice of intended prosecution for not paying ticket (England)

[SoftJury]

Hello So, I'm a law student at the University of Birmingham. Every day, I walk for 20 minutes to Solihull station to catch the train to my university. Since my lectures aren't structured, I usually buy my ticket on Trainline while I'm walking.


However, I believe there was a network outage this day, and the payment didn't go through (Apple Pay), so I didn't buy the ticket. I realised this when I reached Moor Street, so I bought the ticket on the app. That same day, there happened to be a revenue enforcement agent who I had never seen before. He forcefully scanned my ticket, and since I had just bought it, he said the ticket was invalid. I was in a rush so didn't argue and just gave him my details.


Today, I received a letter stating intended prosecution and have seen online that they charged people thousands of fines. I'm genuinely scared and had no malicious intent.


I'm a railcard member with months of receipts showing me as a paying customer for the exact same route. Please help me.


Answers to Forum question

• The stations* where you actually started & finished your journey

I go from Solihull Station to Moor Street, then I walk to New street and go to UoB station

• If you presented a ticket(s), the information* stated under "Ticket type", "From", "To", "Route", and any other relevant details;
• 
  
• Details of any Railcard(s) held;

I have the 16 to 25 rail card

• When and where ticket(s) were purchased, including whether this was prior to the journey commencing;

I realised that the transaction did not go through once I reached the station and entered the Trainline app I couldn't see I, So I bought it just before approaching the barrier

• What happened in any encounter with railway staff;

He Scanned my ticket and I think his scanner showed that I had just bought it and so he said it was invalid, I tried to tell him that I take this route every day, and that the transaction didn't go through cause the network must have been down in my area. I think he saw how scared I was and then he said it'll be ok, I'll note down that you've never done it before and that it was an accident.

• Upload copies of any paperwork (with personal details redacted) with your post.
• We need to know what outcome(s) you would consider satisfactory

I really dont mind paying fines, but what I really dont want is any sort of criminal record, that would really ruin my life, I dont know what's the point of continuing after that

Please any help would be greatly appreciated

 

[MarlowDonkey]

Hello So, I'm a law student at the University of Birmingham. Every day, I walk for 20 minutes to Solihull station to catch the train to my university. Since my lectures aren't structured, I usually buy my ticket on Trainline while I'm walking.

It's not a lot of help, but given mobile phone reception can be unreliable, why not buy the ticket the night before? Provided the ticket isn't labelled "Advance" or it's not an Off Peak ticket at restricted times, tickets are valid regardless of train time. Also is it not cost effective to purchase a season ticket if travel is five days a week?

 

[John R]

Provided you cooperate by replying promptly, apologise for not having a ticket (you can explain what you think happened), and promise to ensure that in future you will check that the transaction has gone through before you even board the train, you will almost certainly be offered an out of court settlement amount.

Train companies often look at the transaction history, and provided your story stacks up, and there isn't a history of transactions that might suggest more nefarious activity then I cannot see why you would not be offered a settlement.

Out of interest, if you travel every day, would a season ticket not be cheaper and more convenient?

 

[AlterEgo]

Just to note, Chiltern have six months - until 3rd March - to actually bring proceedings here, something they are very close to fouling.

 

[LYradial]

Just to note, Chiltern have six months - until 3rd March - to actually bring proceedings here, something they are very close to fouling.

Are we sure, I make it 3rd April

 

[AlterEgo]

Are we sure, I make it 3rd April

Ah yes apologies, it would be 3rd April.

 

[30907]

Just to add, forum member Hadders regularly posts with an outline of a possible reply. If you engage appropriately with Chiltern, you may well be offered a settlement, though their admin charge tends to be around £175.

Feel free to post a draft for comment.

 

[WesternLancer]

Hello So, I'm a law student at the University of Birmingham. Every day, I walk for 20 minutes to Solihull station to catch the train to my university. Since my lectures aren't structured, I usually buy my ticket on Trainline while I'm walking.


However, I believe there was a network outage this day, and the payment didn't go through (Apple Pay), so I didn't buy the ticket. I realised this when I reached Moor Street, so I bought the ticket on the app. That same day, there happened to be a revenue enforcement agent who I had never seen before. He forcefully scanned my ticket, and since I had just bought it, he said the ticket was invalid. I was in a rush so didn't argue and just gave him my details.


Today, I received a letter stating intended prosecution and have seen online that they charged people thousands of fines. I'm genuinely scared and had no malicious intent.


I'm a railcard member with months of receipts showing me as a paying customer for the exact same route. Please help me.


Answers to Forum question

• The stations* where you actually started & finished your journey

I go from Solihull Station to Moor Street, then I walk to New street and go to UoB station

• If you presented a ticket(s), the information* stated under "Ticket type", "From", "To", "Route", and any other relevant details;
• 
  
• Details of any Railcard(s) held;

I have the 16 to 25 rail card

• When and where ticket(s) were purchased, including whether this was prior to the journey commencing;

I realised that the transaction did not go through once I reached the station and entered the Trainline app I couldn't see I, So I bought it just before approaching the barrier

• What happened in any encounter with railway staff;

He Scanned my ticket and I think his scanner showed that I had just bought it and so he said it was invalid, I tried to tell him that I take this route every day, and that the transaction didn't go through cause the network must have been down in my area. I think he saw how scared I was and then he said it'll be ok, I'll note down that you've never done it before and that it was an accident.

• Upload copies of any paperwork (with personal details redacted) with your post.
• View attachment 175106We need to know what outcome(s) you would consider satisfactory

I really dont mind paying fines, but what I really dont want is any sort of criminal record, that would really ruin my life, I dont know what's the point of continuing after that

Please any help would be greatly appreciated

On your final point I’m sure with help from here you have strong chance of avoiding prosecution.

More generally you are to be congratulated on the clarity of your post in setting out the situation, a skill that I would think will serve well in a career in the law.

 

[LAX54]

It's not a lot of help, but given mobile phone reception can be unreliable, why not buy the ticket the night before? Provided the ticket isn't labelled "Advance" or it's not an Off Peak ticket at restricted times, tickets are valid regardless of train time. Also is it not cost effective to purchase a season ticket if travel is five days a week?

One of the many downsides that surround digital / phone purchases, they are never 100% guaranteed to work when you want them to !

 

[John R]

One of the many downsides that surround digital / phone purchases, they are never 100% guaranteed to work when you want them to !

Having said that, the OP should have checked, and there are other ticket purchasing facilities available at Solihull should that be the case.

 

[SoftJury]

thank you everyone who has helped me with there advice so far, you have really helped me navigate what I have found to be a scary situation. I would just like to get your thoughts on this response to the prosecution letter I was sent. Thanks again



Dear Train Company’s Prosecutions Department,



Hope whoever is reading this is doing well, I am writing in response to the intended prosecution letter I received on 22nd of Feb, regarding an unpaid fare for my journey from Solihull to the University of Birmingham on the 3rd of October last year.



I want to sincerely apologise for this situation, as it was never my intention to travel without a valid ticket. I am a 1st year law student at the University of Birmingham and commute often using the same route. I walk for 20 minutes to Solihull station to catch the train to my university, since my lectures aren't structured, I usually buy my ticket on Trainline while I'm walking. I also have a valid 16-25 Railcard. On this particular day, I attempted to purchase my ticket as usual while walking to the station. However, I believe there was a network issue, and my Apple Pay transaction did not go through, when I thought it did. Unfortunately, I only realised this upon arriving at Moor Street Station. As soon as I noticed, I immediately purchased a valid ticket before approaching the barrier.



When I was stopped by the revenue officer, I was unaware that purchasing the ticket after boarding would be considered invalid. I tried to explain that I had genuinely intended to pay and that this was an honest mistake. The officer assured me that he would note this was a mistake and that I had no prior issues and he took my details.



Importantly, my journey involves changing trains, which requires me to exit through barriers at Moor Street, walk to New Street Station, and re-enter to catch my train to the University of Birmingham. This means it’s impossible to complete my journey without a valid ticket. I understand that this doesn’t change the facts, but hope this at least shows I didn’t have intent to dodge the fare as my route doesn’t make it possible.



Again I am really really sorry, take full responsibility for this misunderstanding and would be happy to pay any reasonable administrative penalty to resolve this matter. However, I am extremely concerned about the possibility of prosecution and the long-term impact a criminal record would have on my future career. I respectfully ask whether this matter could be settled out of court. This is genuine mistake and from now on I will only buy my tickets on wifi.



I can provide evidence of my regular ticket purchases (not daily) for this route and my valid Railcard if required. I can also provide evidence of my location and my university status. Please let me know how best to proceed.



Thank you for your time and consideration. I appreciate any opportunity to resolve this matter amicably.

Best regards,

 

[gray1404]

Yes they are very close to the deadline for being able to do anything. I personally would respond as close to their 14 day deadline as I felt comfortable doing asking for an out of court settlement and see how long it takes them to respond.

 

[John R]

Yes they are very close to the deadline for being able to do anything. I personally would respond as close to their 14 day deadline as I felt comfortable doing asking for an out of court settlement and see how long it takes them to respond.

They have over a month, so plenty of time. I don’t see any benefit in delaying replying. I’m sure the OP wants it all resolved asap.

 

[SoftJury]

First of all, I would like to thank everyone who has helped me with there advice so far, you have really helped me navigate what I have found to be a scary situation. I would just like to get your thoughts on this response to the prosecution letter I was sent. Thanks again



Dear Train Company’s Prosecutions Department,



Hope whoever is reading this is doing well, I am writing in response to the intended prosecution letter I received on 22nd of Feb, regarding an unpaid fare for my journey from Solihull to the University of Birmingham on the 3rd of October last year.



I want to sincerely apologise for this situation, as it was never my intention to travel without a valid ticket. I am a 1st year law student at the University of Birmingham and commute often using the same route. I walk for 20 minutes to Solihull station to catch the train to my university, since my lectures aren't structured, I usually buy my ticket on Trainline while I'm walking. I also have a valid 16-25 Railcard. On this particular day, I attempted to purchase my ticket as usual while walking to the station. However, I believe there was a network issue, and my Apple Pay transaction did not go through, when I thought it did. Unfortunately, I only realised this upon arriving at Moor Street Station. As soon as I noticed, I immediately purchased a valid ticket before approaching the barrier.



When I was stopped by the revenue officer, I was unaware that purchasing the ticket after boarding would be considered invalid. I tried to explain that I had genuinely intended to pay and that this was an honest mistake. The officer assured me that he would note this was a mistake and that I had no prior issues and he took my details.



Importantly, my journey involves changing trains, which requires me to exit through barriers at Moor Street, walk to New Street Station, and re-enter to catch my train to the University of Birmingham. This means it’s impossible to complete my journey without a valid ticket. I understand that this doesn’t change the facts, but hope this at least shows I didn’t have intent to dodge the fare as my route doesn’t make it possible.



Again I am really really sorry, take full responsibility for this misunderstanding and would be happy to pay any reasonable administrative penalty to resolve this matter. However, I am extremely concerned about the possibility of prosecution and the long-term impact a criminal record would have on my future career. I respectfully ask whether this matter could be settled out of court. This is genuine mistake and from now on I will only buy my tickets on wifi.



I can provide evidence of my regular ticket purchases (not daily) for this route and my valid Railcard if required. I can also provide evidence of my location and my university status. Please let me know how best to proceed.



Thank you for your time and consideration. I appreciate any opportunity to resolve this matter amicably.

Best regards,

 

[womble10]

Suggested edits below as indicated -additions italicised

Dear Sir/Madam,

Re. Notice of Intended Prosecution, your ref. [XXX]

Hope whoever is reading this is doing well, I am writing write in response to the intended prosecution letter I received on 22 February 2025, regarding an unpaid fare for my journey from Solihull to the University of Birmingham on 3 October 2024.

I want to sincerely apologise for this situation, as it was never my intention to travel without a valid ticket. I am a first year law student at the University of Birmingham and commute [how often] using the same route. I walk for 20 minutes to Solihull station to catch the train to my university. since my lectures aren't structured, and usually buy my ticket on Trainline while I'm walking. I also have a valid 16-25 Railcard.

On 3 October 2024 I attempted to purchase my ticket as usual while walking to the station. However, I believe I understand that due to there was a network issue, and my Apple Pay the transaction did not complete go through, when I thought it did. Unfortunately, I only realised this upon arriving at Moor Street Station. As soon as I noticed, and immediately purchased a valid ticket before approaching the barrier.

When Until I was stopped by the revenue officer, I was unaware that purchasing the a ticket purchased after boarding would be considered is invalid. I tried to explain that I had genuinely intended to pay and that this was an honest mistake. The officer assured me that he would note this was a mistake and that I had no prior issues and he took my details.

Importantly, my journey involves changing trains, which requires me to exit through barriers at Moor Street, walk to New Street Station, and re-enter to catch my train to the University of Birmingham. This means it’s impossible to complete my journey without a valid ticket. I understand that this doesn’t change the facts, but hope this at least shows I didn’t have intent to dodge the fare as my route doesn’t make it possible.

Again I am really really sorry, I take full responsibility for this mistake misunderstanding and would be happy to pay the full fare and any reasonable administrative penalty to resolve this matter outside of court.

However, In addition, I am extremely concerned about the possibility of prosecution and the long-term impact a criminal record would have on my future career as a regulated person. [I assume this is the case]

I respectfully ask whether this matter could be settled out of court. This is genuine mistake and from now on I will only buy my tickets on wifi.

I can provide Please find attached evidence of my regular ticket purchases (not daily) for this route, and my valid Railcard if required, and I can also provide evidence of my location and my university status. Please let me know how best to proceed. [not strictly necessary but doesn't hurt to attach these]

Thank you for your time and consideration. I appreciate any opportunity to resolve this matter amicably. Your continued cooperation in this matter is much appreciated.

Best regards,
Yours faithfully,
XXX

 

[alholmes]

Couple of edits I’d suggest:
- Drop the opening greeting about hoping that they are well. It’s totally false.
- I’d also drop the fact you’re a law student - the person reading your response might take the view that as a future lawyer you should know better.

 

[John R]

might take the view that as a future lawyer you should know better.

If this was an intended transgression then I would agree with you. However, on the face of it this was a genuine mistake, and in the absence of any data on the OP's account to suggest it was more than an isolated incident then I would imagine the investigator would at the very least give the benefit of the doubt in that respect.

 

[SoftJury]

Suggested edits below as indicated -additions italicised

Dear Sir/Madam,

Re. Notice of Intended Prosecution, your ref. [XXX]

Hope whoever is reading this is doing well, I am writing write in response to the intended prosecution letter I received on 22 February 2025, regarding an unpaid fare for my journey from Solihull to the University of Birmingham on 3 October 2024.

I want to sincerely apologise for this situation, as it was never my intention to travel without a valid ticket. I am a first year law student at the University of Birmingham and commute [how often] using the same route. I walk for 20 minutes to Solihull station to catch the train to my university. since my lectures aren't structured, and usually buy my ticket on Trainline while I'm walking. I also have a valid 16-25 Railcard.

On 3 October 2024 I attempted to purchase my ticket as usual while walking to the station. However, I believe I understand that due to there was a network issue, and my Apple Pay the transaction did not complete go through, when I thought it did. Unfortunately, I only realised this upon arriving at Moor Street Station. As soon as I noticed, and immediately purchased a valid ticket before approaching the barrier.

When Until I was stopped by the revenue officer, I was unaware that purchasing the a ticket purchased after boarding would be considered is invalid. I tried to explain that I had genuinely intended to pay and that this was an honest mistake. The officer assured me that he would note this was a mistake and that I had no prior issues and he took my details.

Importantly, my journey involves changing trains, which requires me to exit through barriers at Moor Street, walk to New Street Station, and re-enter to catch my train to the University of Birmingham. This means it’s impossible to complete my journey without a valid ticket. I understand that this doesn’t change the facts, but hope this at least shows I didn’t have intent to dodge the fare as my route doesn’t make it possible.

Again I am really really sorry, I take full responsibility for this mistake misunderstanding and would be happy to pay the full fare and any reasonable administrative penalty to resolve this matter outside of court.

However, In addition, I am extremely concerned about the possibility of prosecution and the long-term impact a criminal record would have on my future career as a regulated person. [I assume this is the case]

I respectfully ask whether this matter could be settled out of court. This is genuine mistake and from now on I will only buy my tickets on wifi.

I can provide Please find attached evidence of my regular ticket purchases (not daily) for this route, and my valid Railcard if required, and I can also provide evidence of my location and my university status. Please let me know how best to proceed. [not strictly necessary but doesn't hurt to attach these]

Thank you for your time and consideration. I appreciate any opportunity to resolve this matter amicably. Your continued cooperation in this matter is much appreciated.

Best regards,
Yours faithfully,
XXX

Hi thank you so much for this response will definitely take many of your edits into account, however I feel like I wanna get the para about my journey basically requiring me to pass 3 sets of barriers each way, just to show I did not have the intention. What do you think?

 

[John R]

Hi thank you so much for this response will definitely take many of your edits into account, however I feel like I wanna get the para about my journey basically requiring me to pass 3 sets of barriers each way, just to show I did not have the intention. What do you think?

It's not relevant. We see many cases where people have had their ticket checked or passed through barriers numerous times and the discrepancy has not been identified. And in many of those cases there was intent to avoid the correct payment. So I don't think it helps your case at all.

 

[womble10]

Hi thank you so much for this response will definitely take many of your edits into account, however I feel like I wanna get the para about my journey basically requiring me to pass 3 sets of barriers each way, just to show I did not have the intention. What do you think?

The relevant byelaw offence is one of strict liability.

PS You could write a good thesis on railway byelaws / RORA 1889 when it comes to it! Maybe something comparative with civilian approaches to the problem...

 

[John R]

The relevant byelaw offence is one of strict liability.

PS You could write a good thesis on railway byelaws / RORA 1889 when it comes to it! Maybe something comparative with civilian approaches to the problem...

Whilst the byelaw offence is indeed one of strict liability, the reason for the letter is to persuade the investigator to offer a settlement as opposed to going ahead with prosecution and a slam-dunk conviction. So to that extent I understand their desire (and indeed it is a common aim of those caught out unwittingly) to put forward an explanation that demonstrates it was not deliberate, in the hope of getting an offer.

(Of course, those of us who frequent this forum know that it's almost certain that a settlement will be offered.)

 

[LAX54]

Having said that, the OP should have checked, and there are other ticket purchasing facilities available at Solihull should that be the case.

100%, too much reliance on phones, no one seems to check until its too late, then some get miffed when they get a penalty fare