Incorrectly used a spouse/partner rail travel card commuting journeys when it is restricted to leisure travel fine

[gigglepig]

My friend recently received a letter from Great Western Railway stating that he has been using his spouse/partner travel card incorrectly and has been ordered to pay a fine of £1667. He is based in England.

All his journeys have taken place from Slough to London Paddington and back.

The letter states that it is illegal to not pay your train fare under s5(3) of the Regulation of Railways Act (1889) and could constitute Offence of Obtaining Services Dishonestly (s11 Fraud Act 2006) and consequently an investigation is underway.

It also states that it could constitute as a criminal offence for using the card for the incorrect purpose.

I understand ignorance of the law is not an excuse, though he didn’t break the terms knowingly.

He has been requested to pay the sum £1667 in full to avoid prosecution.

It gives him the option to pay in full over the phone or online. He doesn’t have the money to pay it. His income versus the cost of his rent and bills is something he is already struggling with.

He contacted GWR using the email provided to ask if he could pay in instalments; they said no.

He asked for advice by contacting an organisation called StepChange, they couldn’t help because it is a fine and not technically a “debt”.

As a last resort, he asked to borrow money off family but they said no.

He is so stressed about this and doesn’t know what to do. Does anyone have any advice on what he can do since he cannot afford to pay the fine?

Many thanks

 

[Fawkes Cat]

Welcome to the forum.

Your friend is in a difficult position. If he doesn’t pay this out of court settlement, then I think it’s likely that the railway will prosecute instead, which is likely to be an even more expensive settlement - and since the railway are mentioning the Fraud Act, this could be a fairly serious conviction.

So your friend needs to do everything he legitimately can to raise the money. Any sort of borrowing is going to be uncomfortable, and I note that he has already asked for instalments, Stepchange’s assistance and family help which has been declined. Has he considered a bank loan or borrowing on his credit card? If he is a member of a faith community, does his church/gurdwara/mosque/temple/etc have funds that could support him if he asked?

It may well be that the answer to all of these questions is ‘no’, and at this point I am close to out of ideas. But if he can get refusals to help in writing, then he may (no certainty, but may) be able to go back to the railway and show that he has really tried to find the money but failed - and ask again if they will consider a payment in instalments. Try to offer as much as possible up front and as short a repayment term as possible: very few creditors will accept an offer of £1 a month for the next 1,667 months but he might get further if he can afford £100 a month for the next 17 months.

 

[gigglepig]

Welcome to the forum.

Your friend is in a difficult position. If he doesn’t pay this out of court settlement, then I think it’s likely that the railway will prosecute instead, which is likely to be an even more expensive settlement - and since the railway are mentioning the Fraud Act, this could be a fairly serious conviction.

So your friend needs to do everything he legitimately can to raise the money. Any sort of borrowing is going to be uncomfortable, and I note that he has already asked for instalments, Stepchange’s assistance and family help which has been declined. Has he considered a bank loan or borrowing on his credit card? If he is a member of a faith community, does his church/gurdwara/mosque/temple/etc have funds that could support him if he asked?

It may well be that the answer to all of these questions is ‘no’, and at this point I am close to out of ideas. But if he can get refusals to help in writing, then he may (no certainty, but may) be able to go back to the railway and show that he has really tried to find the money but failed - and ask again if they will consider a payment in instalments. Try to offer as much as possible up front and as short a repayment term as possible: very few creditors will accept an offer of £1 a month for the next 1,667 months but he might get further if he can afford £100 a month for the next 17 months.

Thank you