Notice of intention to prosecute

[allison]

Hello,
I need some urgent help with this matter as when I received this letter today, I got really scared. I’m an international student, on a student visa. 2 months ago I travelled from London to Cambridge but I didn’t have a railcard, upon inspection the inspected asked to show one and I could. At that time I was so scared an confused that I blurted out all the wrong things, I told him that I do have a railcard but I can’t find it at the moment, he asked me if this was an unintentional thing? Scared and confused, I replied that it was. I had travelled 4 times like this before I got caught. Anyway, I waited to receive a letter but when a month passed by, I thought they may have forgotten about it until today when I got this letter. I was expecting a letter from the railway, however not from the prosecution department. Now, the back of the letter has a space for me to explain from my point of view of what happened. The information should be both factual and honest. I have no idea how to craft a response, which would save me the trouble of going to the court and not impacting my visa status or criminal records, as that’s all very important for me at the moment. Can some please guide as to what to include and what not to. I’m ready to pay them the amount, so long as I’m out of trouble.
Thank you,
Please help!!!

 

[Skymonster]

Well boarding a train without a valid ticket is [in most circumstances] a crime. And your ticket, which had a railcard discount applied when you didn’t hold a railcard, was invalid. So, unfortunately for you the train company is quite within its rights to take you to court. Now, this sort of thing happens a lot and as long as the ticket holder hasn’t got a track record of fare evasion and cooperates - and by that I mean responds to the the communications from the train company - the matter is likely to be resolvable by way of an out-of-court settlement offer. It’ll cost you but if you do get an out-of-court settlement there will be no criminal record - if you get to that point likely they will want the full open single fare for each journey you’ve made without a railcard when you’ve claimed a railcard discount, no allowances for the fares you have paid, plus a fee of around £100-150 to cover investigation costs. And this will need to be paid in one go, shortly after the train company make you an offer.

Fortunately the train company you are dealing with - presumably GTR - is one of the easier to deal with. There are lots of previous examples on this forum that outline what you need to say to the train company in your reply - do a little bit of a search, try drafting something (that says you’re sorry, that you realise your error, that you appreciate the adverse effects fare evasion has on the railway, and saying you won’t do it again) and put your draft up here - the forum experts will review / critique it before you send it. Oh, and don’t do it again - if you qualify for a railcard buy one now and tell the train company in your response as it’ll help convince them you won’t do the same thing again.

 

[30907]

Railcard fraud is very common, and train companies routinely investigate these, following up with a letter threatening prosecution. I imagine that's what you have received. Be aware in your reply that they may know that you have done this before.

Here is one of many examples of guidance response posted by forum member @Hadders.

https://www.railforums.co.uk/threads/no-ticket-placed-under-caution.267418/#post-6761792

You might want to include the following in your reply:

- That you are sorry for what has happened
- What you have learned from the incident
- That you are keen to settle the matter without the need for court action
- Offer to pay the outstanding fare and the train company's administrative costs in dealing with the matter

(Greater Anglia) are usually prepared to offer an administrative settlement (commonly known as an out of court settlement) to people who engage with the process and who haven't come to their attention before. We cannot guarantee this and they are would within their rights to prosecute you in the magistrates court should they decide to do so.

 

[Mcr Warrior]

@allison. For your info, an undiscounted Anytime Day Single from London to Cambridge is currently £30.50 per one way journey. There and back will be £61.00.

P.S. Unfortunately, the forum cannot advise on visa related issues. Your student union *might* be able to.

 

[Titfield]

When searching look for the advice @Hadders gives as this is considered to be the most appropriate advice.

His advice is usually:

It is important that you engage with and reply to this letter. You might want to include the following in your reply:

- That you are sorry for what has happened
- What you have learned from the incident
- That you are keen to settle the matter without the need for court action
- Offer to pay the outstanding fare and the train company's administrative costs in dealing with the matter

Greater Anglia (who I presume were the train operator) are within their rights to send the case to the Magistrates Court. Normally they offer an out of court settlement to people who co-operate with them and who haven't come to their attention before.

If you are offered a settlement expect to have to pay the full cost of the fares avoided plus an admin fee, which is normally around £150. You will need to be in a position to pay the settlement in full within a few days of it being offered. An out of court settlement might appear to be a fine, but it isn't and you won't have a criminal record as a result of accepting one. Note that only a court can impose a fine as a punishment upon conviction - you don't want to pay a fine, you want to pay a settlement!

If you post your reply on here (with personal details redacted) Forum Members can consider and advise.

Do not use ChatGP or anything similar to write the response as it sounds insincere.

 

[allison]

Thank you all for your insights, I really appreciate it. I came across a similar post and using it as reference, I have written a draft that the members can check and suggest making changes to.
Dear Sir/madam,

I am writing in response to the Notice of Intention to Prosecute letter dated XXX, regarding the fare evasion incident reference XXX at Royston station on 1 March 2024.

I want to offer my sincerest apologies for the incident that took place at Royston station. I deeply regret what happened, I also do understand that what I did was wrong and ensure that it never happens again.

I acknowledge that I did not possess a valid ticket at the time. Hence, I take full responsibility for my actions and understand the seriousness of the incident.

I not proud of this event and now understand that irrespective of any personal circumstances I should not attempt to travel with an invalid ticket. Following this I have been careful in purchasing the correct ticket for subsequent journeys. Additionally, I have submitted an application for the railcard and should receive it soon or (going to apply).

In light of the above, I wondered if it would be possible to settle this matter without having to go to the court. I am prepared to pay any outstanding fare and your administration costs in dealing with this matter and I hope my desire to settle will be sincerely considered.

Please let me of further information or documents you may require from me.

Once again, I apologise for my actions and the inconvenience caused. I would greatly appreciate your understanding and consideration.

Thank you for your time and I look forward to hearing from you.

Yours Faithfully,


As suggested above, should I include that I’m going to apply for a railcard or that I should apply for one before responding to the letter? Please guide which will be a better option.
Given that my appeal is accepted, there will be no impact on my visa status or criminal record?

 

[WesternLancer]

Thank you all for your insights, I really appreciate it. I came across a similar post and using it as reference, I have written a draft that the members can check and suggest making changes to.
Dear Sir/madam,

I am writing in response to the Notice of Intention to Prosecute letter dated XXX, regarding the fare evasion incident reference XXX at Royston station on 1 March 2024.

I want to offer my sincerest apologies for the incident that took place at Royston station. I deeply regret what happened, I also do understand that what I did was wrong and ensure that it never happens again.

I acknowledge that I did not possess a valid ticket at the time. Hence, I take full responsibility for my actions and understand the seriousness of the incident.

I not proud of this event and now understand that irrespective of any personal circumstances I should not attempt to travel with an invalid ticket. Following this I have been careful in purchasing the correct ticket for subsequent journeys. Additionally, I have submitted an application for the railcard and should receive it soon or (going to apply).

In light of the above, I wondered if it would be possible to settle this matter without having to go to the court. I am prepared to pay any outstanding fare and your administration costs in dealing with this matter and I hope my desire to settle will be sincerely considered.

Please let me of further information or documents you may require from me.

Once again, I apologise for my actions and the inconvenience caused. I would greatly appreciate your understanding and consideration.

Thank you for your time and I look forward to hearing from you.

Yours Faithfully,


As suggested above, should I include that I’m going to apply for a railcard or that I should apply for one before responding to the letter? Please guide which will be a better option.
Given that my appeal is accepted, there will be no impact on my visa status or criminal record?

Not a comment on your draft, but

You should get yourself a Railcard immediately (ie now) you can then mention that you have bought one to prevent the problem happening again, which shows you have actively done something about the situation.

 

[Titfield]

It is somewhat wordy.

I would suggest that it is trimmed down quite a bit.

I would obtain a railcard immediately.

You are not submitting an appeal - do not use that word as it may confuse the recipient of your letter.

If an out of court settlement is offered and you accept it (by paying the sum requested) then the matter is concluded and has no impact whatsoever on your status. No criminal proceedings are involved.

 

[allison]

Hello Thank you again for all your help, I have got my digital railcard now - it was so easy to obtain - in just a matter of few minutes! I wish I had it earlier to avoid all this trouble.
Now that I have my Railcard, do I need to provide an evidence too along with my explaination that I actually have a Railcard, please clarify this.
As @Titfield suggested that it’s too wordy, I’m going to trim it down and please proofread to suggest further changes:

Dear Sir/madam,

I am writing in response to the Notice of Intention to Prosecute letter dated XXX, regarding the fare evasion incident reference XXX at Royston station on 1 March 2024.

I want to offer my sincerest apologies for the incident that took place at Royston station. I deeply regret what happened, I will ensure that it never happens again.

I acknowledge that I did not possess a valid ticket at the time. Hence, I take full responsibility for my actions and understand that irrespective of any personal circumstances I should not attempt to travel with an invalid ticket. Following this I have obtained a digital Railcard to prevent this problem from happening in the future.

In light of the above, I wondered if it would be possible to settle this matter without having to go to the court. I am prepared to pay any outstanding fare and your administration costs in dealing with this matter and I hope my desire to settle will be sincerely considered.

Please let me of further information or documents you may require from me.

Once again, I apologise for my actions and the inconvenience caused. I would greatly appreciate your understanding and consideration.

Thank you for your time and I look forward to hearing from you.

Yours Faithfully,

 

[Titfield]

Dear Sir/madam,

I am writing in response to the Notice of Intention to Prosecute letter dated XXX, regarding the fare evasion incident reference XXX at Royston station on 1 March 2024.

I want to offer my sincerest apologies for the incident that took place at Royston station. I deeply regret what happened, I will ensure that it never happens again.

I acknowledge that I did not possess a valid ticket at the time of travel. Hence, I take full responsibility for my actions and understand that irrespective of any personal circumstances I should not attempt to travel with an invalid ticket. Following this I have now obtained a digital Railcard to prevent this problem from happening in the future.

In light of the above, I wondered if it would be possible to settle this matter without having to go to the court. I am prepared to pay any the outstanding fare and your administration costs incurred in dealing with this matter. and I hope my desire to settle will be sincerely considered.

Please let me of further information or documents you may require from me.

Once again, I apologise for my actions and the inconvenience caused.

I would greatly appreciate your understanding and consideration.

Thank you for your time and I look forward to hearing from you.

Yours Faithfully,

A few suggested changes.

 

[Hadders]

I think the letter, with the amendments suggested by @Titfield is good to go.

 

[allison]

Thank you for your suggested changes @Titfield and @Hadders, really appreciate your help.
I hope I hear positively from them and don’t have to pay a heavy amount.

 

[Titfield]

Thank you for your suggested changes @Titfield and @Hadders, really appreciate your help.
I hope I hear positively from them and don’t have to pay a heavy amount.

On the basis of what previous posters have advised:

There will be an admin fee of between £100 and £200.

Plus The cost for each journey undertaken without a valid railcard at the anytime single fare rate. No allowance will be made for the fares already paid.

An anytime day single is £30.50 on any permitted route between London and Cambridge. So if you made 4 return journeys that would be 8 singles (a single is a one way) = £244.

(You can look up fares at www.brfares.com but if you do not understand fares then it may confuse or mislead you.)

Thus the grand total of £344 - £444.

The out of court settlement if offered is not negotiable. If the settlement offered seems very very high then please come back to this forum and we will see of we can work out the basis of the fares being charged. If you "argue" with the TOC then they may just decide to withdraw the offer and go to court. That will be a lot more expensive as it will be what they have asked for plus the fine and victim surcharge levied by the court.

 

[furlong]

Plus The cost for each journey undertaken without a valid railcard at the anytime single fare rate. No allowance will be made for the fares already paid.

GTR is normally seen (in line with the practice of the criminal courts) to deduct fares proven already to have been paid when offering a settlement in lieu of prosecution, so the amount asked for should be less than the worst-case scenario figures being suggested. All you can do is wait and see.

The out of court settlement if offered is not negotiable.

What this means is you'll get nowhere by saying "please accept only half the amount because I can't afford any more than that".
Of course it can be disputed if it looks as if it might have been calculated on the wrong basis or there is some other relevant mitigation that hasn't been taken into account but needs to be.

If you "argue" with the TOC then they may just decide to withdraw the offer and go to court.

They normally provide a deadline for a decision - it wouldn't be withdrawn without a good reason, such as the emergence of new information that undermines it. ("Oh! You were really travelling from another station, not the one you told us!")