Notice of Intended Prosecution from Chiltern railways

[m1037433]

I booked a train at 6:30 pm and boarding an earlier train. when the ticket inspector came in he told me that I can't travel the earlier train and I have to travel in the train which I booked for.

Now I received the letter from Chiltern 'Notice of Intended Prosecution'
letter content:
'
Notice of Intended Prosecution
Following an investigation by Chiltern Railways Fraud Unit, we have identified that you travelled on , you failed to purchase a valid rail ticket for your entire rail journey.
We submitted a data access request Under Schedule 2 Part 1 Paragraph 2 of the Data Protection Act 2018 and GDPR
Article 6 (1) (d), to various rail ticket retailers, which has revealed that you may have avoided your correct rail fare
on other occasions.
The purpose of this letter is to advise you of the report and of any action that may follow from it, and to provide you with
the opportunity to inform us of any mitigation that you may wish to be considered. This can be sent via email;
[email protected]
The report of this incident indicates that in the absence of a satisfactory explanation, evidence does exist to warrant a
prosecution in accordance with current legislation. These considerations may include whether any charge should allege an
offence against Railway Byelaws (2005), or the Regulation of Railways Act 1889.
The company considers this a serious matter, and if we do not hear from you within 14 days of the date of this letter, this
matter will be passed to our Prosecuting Authority with a view to obtaining a Summons to a Magistrates' Court hearing,
this may be issued without further reference to you.
Yours sincerely,
'

I don't know which solicitors I have to contact and I'm not financially sound to pay hefty fees for solicitors . But I'm ready to pay the fine or penalty

I'm more worried about my job and visa if get convicted

don't know who to contact and what to do

Any advice or help would be very much appreciated

 

[najaB]

I don't know which solicitors I have to contact and I'm not financially sound to pay hefty fees for solicitors . But I'm ready to pay the fine or penalty

It's rarely worth paying a solicitor for simple one-off breaches of ticketing rules.

I booked a train at 6:30 pm and boarding an earlier train. when the ticket inspector came in he told me that I can't travel the earlier train and I have to travel in the train which I booked for.

Was your ticket valid for the journey you were making, just at a later time? Was there any difference in fare between the train you caught and the one you had booked. Do you still have the ticket (or receipt for it), and if so does it mention the ticket type anywhere - 'Anytime', 'Off-Peak' or 'Advance'?

 

[m1037433]

It's rarely worth paying a solicitor for simple one-off breaches of ticketing rules.

Was your ticket valid for the journey you were making, just at a later time? Was there any difference in fare between the train you caught and the one you had booked. Do you still have the ticket (or receipt for it), and if so does it mention the ticket type anywhere - 'Anytime', 'Off-Peak' or 'Advance'?

yes the ticket I bought was advance single ticket.
I never knew that I can't travel in earlier trains as Im new to this country. But it was my mistake of not knowing what ticket I'm buying, I understand that.
The mistake I done is I travelled earlier train


the fare difference is 6 £ - 15 £. I don't remember exactly

 

[najaB]

Thanks for the additional information.

As you now know, Advance-type tickets are only valid on the train they are booked for. It says so on the ticket itself.

I am a little perplexed by the letter that you posted since it says you failed to purchase a valid ticket for your entire journey. Did the start and end points of your ticket match the journey that you made? If the only mistake was to travel on an earlier train, it should be possible to resolve the issue without needing to involve the court, which would mean no criminal record or effect on your visa status.

Even if it did end up going to court, it's unlikely that it would affect your immigration status. Note, however, that we are unable to give specific immigration advice so you should consult with a qualified expert if you are at all concerned.

 

[Tetchytyke]

I am a little perplexed by the letter that you posted since it says you failed to purchase a valid ticket for your entire journey. Did the start and end points of your ticket match the journey that you made?

Chiltern’s attitude is that if you’re on the wrong train with an advance ticket then you failed to buy a ticket.

Interesting that they’ve done the usual fishing trip. The OP should ignore the threat from that and should avoid being tempted to enter into any correspondence whatsoever about any other journeys he may or may not have taken.

The OP should respond back saying he was travelling with an advance ticket on a different train on this occasion, he is very sorry, and would like to pay the fare due and any appropriate administration fee.

ETA: I missed the date of the alleged offence. They’re out of time, as others below have said.

And once again, one must question why the TOC are going down this route when they have a Penalty Fare scheme in place for these situations.

 

[John R]

Given the alleged offence took place on Jan 8th, surely Chiltern is out of time to prosecute given the 14 day notice it has given the OP to respond?

 

[m1037433]

I'm pretty confused on what should I do whether to consult a solicitor or reply back saying that I'm very sorry on boarding earlier train and I'm willing to pay the penalty/fine and any administrative fee due to this event.☹️


Any help would be very much appreciated

 

[AlterEgo]

You should, in fact, do nothing. Chiltern are now too late to bring a prosecution for the event on January 8th, as they have fouled the six month deadline for laying papers. It is now July 9th and that's that - they ran out of time.

 

[Haywain]

You should, in fact, do nothing. Chiltern are now too late to bring a prosecution for the event on January 8th, as they have fouled the six month deadline for laying papers. It is now July 9th and that's that - they ran out of time.

Assuming that they haven’t laid papers before the court already, which may not become clear for a few weeks.

 

[John R]

Assuming that they haven’t laid papers before the court already, which may not become clear for a few weeks.

If they have done then they have made a false statement in their letter, which clearly states that they haven’t passed the papers to their prosecuting authority.

I think the OP is entitled to use the information provided to decide how they respond to the letter.

 

[Haywain]

If they have done then they have made a false statement in their letter, which clearly states that they haven’t passed the papers to their prosecuting authority.

They could have done it since sending the letter.

 

[m1037433]

If they have done then they have made a false statement in their letter, which clearly states that they haven’t passed the papers to their prosecuting authority.

I think the OP is entitled to use the information provided to decide how they respond to the letter.

I'm more concerned about the criminal record which affects my career and other things.

Any suggestions on how to mitigate this issue.

 

[John R]

They could have done it since sending the letter.

“If we do not hear from you within 14 days” sets a clear earliest date at which they will do it. Perhaps the OP can tell us when the letter was dated.

 

[AlterEgo]

I'm more concerned about the criminal record which affects my career and other things.

Any suggestions on how to mitigate this issue.

When was the letter dated and when is your deadline for response? There will be no criminal record if they are out of time.

 

[m1037433]

“If we do not hear from you within 14 days” sets a clear earliest date at which they will do it. Perhaps the OP can tell us when the letter was dated.

The letter was dated 8th July 2024

 

[John R]

The letter was dated 8th July 2024

Then they are out of time to prosecute.

 

[m1037433]

When was the letter dated and when is your deadline for response? There will be no criminal record if they are out of time.

the letter was dated 8th July and I have to respond within 14 days

 

[Pushpit]

I'm more concerned about the criminal record which affects my career and other things.

Any suggestions on how to mitigate this issue.

It is possibly unclear from the dialogue above, but to be as clear as possible:

1) You do not need to see a solicitor
2) They seem to have missed the deadline for action (which isn't surprising, they appear to be overloaded, judging from other cases here)
3) One option is to do nothing because they are out of time to prosecute, from their own words.
4) Another option is to still write to Chiltern and offer to pay the fare difference for just the trip in question, apologise for the mistake and undertake never to do it again. I don't think you should pay their administration charges, since clearly it's badly administered, but that's another debate.

Some people will do 3), others will do 4), it depends on your personality and mindset.

 

[AlterEgo]

the letter was dated 8th July and I have to respond within 14 days

They're out of time then. Too bad for Chiltern.

 

[m1037433]

It is possibly unclear from the dialogue above, but to be as clear as possible:

1) You do not need to see a solicitor
2) They seem to have missed the deadline for action (which isn't surprising, they appear to be overloaded, judging from other cases here)
3) One option is to do nothing because they are out of time to prosecute, from their own words.
4) Another option is to still write to Chiltern and offer to pay the fare difference for just the trip in question, apologise for the mistake and undertake never to do it again. I don't think you should pay their administration charges, since clearly it's badly administered, but that's another debate.

Some people will do 3), others will do 4), it depends on your personality and mindset.

The event happened on January 8th and I received the letter 'Notice of Intended Prosecution' on July 8 th.

 

[Pushpit]

The event happened on January 8th and I received the letter 'Notice of Intended Prosecution' on July 8 th.

Yes, so see point 2 and other messages above. They are out of time to bring a case to court, since in this scenario they have six months to do this.

 

[Titfield]

The offence took place on the 8th of January 2024.

Chiltern have 6 months from the date of the offence to lay papers before the court ie on or before 8th July 2024.

As they have given you 14 days to respond it seems extremely unlikely they have laid the papers before the court (as to do so would be premature because they have not heard back from you).

If they have not laid the papers before the court by today then they are time barred from doing so that means you can not be prosecuted.

It is then up to you as @Pushpit states whether you now ignore them (point 3) or communicate with them to reach a settlement knowing they can not take you to court. (point 4).

 

[John R]

One thing you might consider in choosing 3 or 4 is that if you choose 3 and at a later date are picked up for another ticketing irregularity - maybe because of your unfamiliarity with the network and ticketing - then the railway may be less inclined to cooperate and go straight to prosecution. So there could be a benefit in taking option 4.

 

[m1037433]

Thanks @Titfield @Pushpit @AlterEgo @John R @Haywain for your advice and help on this matter.

I've drafted an email below and I'm open to your suggestions before sending it. I'm quite panicked about how to handle this issue due to its nature.

Drafted email (not yet sent):

'
I am writing in response to the Notice of Intended Prosecution dated 8th July 2024.

Firstly, I would like to express my sincere apologies for any inconvenience caused by this situation. I assure you that it was never my intention to travel without a valid ticket. I always aim to comply with the regulations and purchase the appropriate tickets for my journeys.

On the date in question, I purchased a ticket for the train but inadvertently boarded an earlier train. I have attached a copy of the purchased ticket for your reference. I assure you that it was never my intention to travel without a valid ticket, and I always strive to comply with the regulations.

As a job seeker, maintaining a clean record is crucial for my career prospects, and a criminal record could significantly impact my future opportunities. I deeply regret any misunderstanding that may have occurred and am more than willing to cooperate fully to resolve this matter.

If there is any penalty or fine that needs to be paid to rectify this situation, I am prepared to do so. I would be grateful if you could take this into account and offer any advice on how I can rectify the situation.

I want to assure you that this will not happen again, and I will be more careful in the future to ensure that I always board the correct train. Once again, I sincerely apologize for any inconvenience caused and appreciate your understanding and consideration in this matter.

I look forward to your response.

Kind regards,

'

 

[SteveM70]

The OP's first post was yesterday (July 8), he refers to a letter rather than an email, but says the letter was dated July 8. Others have presumed Chiltern are out of time for a prosecution based on this.

Clearly the dates above don't align, unless:

- it was an email not a letter
- it was dated earlier than the 8th and arrived on the 8th

Perhaps the OP could clarify as this may impact the advice about potential prosecution

 

[m1037433]

The OP's first post was yesterday (July 8), he refers to a letter rather than an email, but says the letter was dated July 8. Others have presumed Chiltern are out of time for a prosecution based on this.

Clearly the dates above don't align, unless:

- it was an email not a letter
- it was dated earlier than the 8th and arrived on the 8th

Perhaps the OP could clarify as this may impact the advice about potential prosecution

To be clear I received the letter 'Notice of Intended Prosecution' via email on July 8th and the letter attached in email was also dated on 8th July

 

[najaB]

That seems fine as a response, I would just change:

If there is any penalty or fine that needs to be paid to rectify this situation, I am prepared to do so. I would be grateful if you could take this into account and offer any advice on how I can rectify the situation.

To not specifically use the words "penalty" or "fine", and say something more along the lines of "Can you tell me how to recompense you for any losses you have incurred" or similar.

 

[AlterEgo]

You don't have to offer to settle. They can bring no prosecution. They're out of time. That's it. They failed. Because they're rubbish at their jobs.

Do nothing. Don't offer to pay them anything.

 

[Pushpit]

Drafted email (not yet sent):

'
I am writing in response to the Notice of Intended Prosecution dated 8th July 2024.

Firstly, I would like to express my sincere apologies for any inconvenience caused by this situation. I assure you that it was never my intention to travel without a valid ticket. I always aim to comply with the regulations and purchase the appropriate tickets for my journeys.



'

Personally I think that's a very good letter. Maybe, or maybe not, you want to mention that you are new to the UK and were at the time unfamiliar with the ticketing rules, but have now understood them. I don't think it's a big point, Chiltern will focus on other aspects which are in the letter.

 

[SteveM70]

To be clear I received the letter 'Notice of Intended Prosecution' via email on July 8th and the letter attached in email was also dated on 8th July

Thanks - that makes sense and the previous advice still holds