Transport Investigations Ltd - First Letter - CrossCountry

[Paddy10688]

Hello looking for some advice after receiving a letter from Transport Investigation Ltd after boardinga CrossCountry train from Birmingham New Street to Cheltenham Spa without a ticket.

I made a last minute decision to join a group of friends going to Cheltenham festival (March 2018). I met up with my friends at Birmingham New Street, who are regulars each year and this was my first experience. I have never been to Birmingham New Street before and I was overwhelmed by the size and how busy the station was. I was in good mood catching up with my friends that I wasn't really paying attention to the situation and we had walked through the ticket barriers which were down and unmanned. As we got the designated waiting queue for Cheltenham, we were directed by Network Rail Staff who were managing the station due to the sheer volumes of people, to go straight down to the platform.

I realised on the platform that I needed a ticket but I also didn't want to go back and miss the train and be split up from my friends. My friends had already pre-booked their tickets so the conversation of tickets didn't come up, not an excuse I know.

There was no ticket inspector on the train. When I got off the train I was stopped at Cheltenham Spa and questioned. My details and account was taken etc. The woman who interviewed me could not believe that the barriers were down and was very insistent that they would have been up. I have later found out that the following regarding barriers at Birmingham New Street:

"Barriers must be left open if they are unattended. This is for safety reasons. Much depends on time of day and the number of staff available."

I want to know if there is an option to settle this without going to court and what to include in my mitigating letter that I send back. I have drafted the following and would like some feedback please.

Dear XXXXXX,

Many thanks for your letter dated XXXXXX and offering me the opportunity to respond.

On 14 March 2018 I boarded the 10:09/10:17 CrossCountry service from Birmingham New Street to Cheltenham Spa. As I was in a rush I boarded this service without having purchased a ticket at Birmingham New Street, thinking I could buy one on board. Upon arrival at Cheltenham Spa I had still not purchased a ticket on board and was met by a member of staff on the platform who informed me I had broken the law and took my details.

I now realise that having boarded the train at Birmingham New Street without buying a ticket was wrong and against the law, and that being in a rush to catch the next train is not a valid excuse. I would like to offer my unreserved apologies for my actions and thank the officer at Cheltenham Spa for reminding me of the legal requirement to always purchase a ticket before boarding a train. I would also like to offer my reassurances that I have learned a lesson and will not board a train again without purchasing a ticket.

I am aware that my actions have cost CrossCountry financially. As suggested in your letter, I would like remedy this situation and avoid it being escalated further by way of an administrative settlement. I would like to offer payment of the appropriate outstanding fare and to cover any additional administrative costs you have incurred as a result of my inappropriate actions.

I look forward to hearing from you.

Yours faithfully,

Feedback will much appreciated.

EDIT: Would it be worth mentioning that I am regular train user and purchase a £1644 annual season ticket? Highlighting it this was an honest mistake?

 

[jon0844]

I am not sure mentioning you're a regular rail user (with a season) will help if you then say you didn't realise you needed a ticket before travel.

 

[ForTheLoveOf]

That letter seems quite well written - not too long but to the point and includes the important details.

If you're offered a settlement, I'd have thought it would be in the region of £100-200, plus the fare if you haven't paid it yet.

Wait for further confirmation from others before sending your letter though. Does TIL's letter mention the Railway Byelaws or the Regulation of Railways Act? Both are criminal offences and have the same penalty (a fine, though the latter has a virtually theoretical prison sentence after the second time), however the latter carries a criminal record (the Byelaws matter doesn't).

If they are going for the latter then it indicates they think you had intent to avoid the fare. If a train manager didn't walk through or the train was particularly busy, and if you also didn't walk past any ticket offices or other places you could have bought a ticket (unlikely at New Street to be honest), it may be a bit of a stretch for them to say this. If they only mention the Byelaws then it seems a case of 'guilty as charged' from your account, as it's a strict liability offence and intent doesn't come into it.

I wouldn't mention your season ticket. It has no relevance, and if anything might make them wonder whether you know more than you are letting on.

Did you ask to buy your ticket at Cheltenham before you were stopped and your details taken?

 

[Paddy10688]

Wait for further confirmation from others before sending your letter though. Does TIL's letter mention the Railway Byelaws or the Regulation of Railways Act? Both are criminal offences and have the same penalty (a fine, though the latter has a virtually theoretical prison sentence after the second time), however the latter carries a criminal record (the Byelaws matter doesn't).

If they are going for the latter then it indicates they think you had intent to avoid the fare. If a train manager didn't walk through or the train was particularly busy, and if you also didn't walk past any ticket offices or other places you could have bought a ticket (unlikely at New Street to be honest), it may be a bit of a stretch for them to say this. If they only mention the Byelaws then it seems a case of 'guilty as charged' from your account, as it's a strict liability offence and intent doesn't come into it.

I wouldn't mention your season ticket. It has no relevance, and if anything might make them wonder whether you know more than you are letting on.

Did you ask to buy your ticket at Cheltenham before you were stopped and your details taken?

This is what the letter says word for word:
"The report of this incident indicates that sufficient evidence doe exist to warrant a prosecution in accordance with current legislation. This file presently with our prosecutions team who are considering whether to issue a Summons for inclusion in a forthcoming Magistrates Court list. These considerations may include whether any charge should allege an offence against Railway Byelaws (2005), or The Regulation of the Rail Act 1889."

They are looking at both. I would like to avoid the latter obviously. The station was mad busy and as I said the barriers were down. I asked the Network Rail staff manning Cheltenham festival goers beyond the barrier and they told me I could by a ticket from the people at the bottom of the stairs that lead onto the platform. (I remembered this after a sleepless night last night & speaking to my friend this morning, which contradicts what I put in my original OP.) There were no people at the bottom of the stairs providing tickets. The train was already on the platform and were ushered by staff to get on the train as quickly as possible. Every carriage was packed, some of them were full of rowdy groups who were already drinking alcohol, so walking through each one to find a ticket officer was near on impossible.

Do you think it worth mentioning any of the above? Or would that hinder my case for it to be settled before being summoned?

I got caught in the moment when I was originally in Birmingham New Street and I wasn't paying attention to my surroundings to my detriment. I know that is were my case could potentially fall apart.

 

[Clip]

why have you only mentioned now that someone from network rail told you you could buy it on the train? Is this because you have read a rather lengthy reply has indicated this?

 

[furlong]

I asked the Network Rail staff manning Cheltenham festival goers beyond the barrier and they told me I could by a ticket from the people at the bottom of the stairs that lead onto the platform.
...
Do you think it worth mentioning any of the above?

Only if it is the honest and complete truth. Will CCTV show that a conversation took place? Will a statement from the employee concerned confirm your account? Did you mention this when you were stopped at Cheltenham?

 

[island]

I see CCTV has cropped up again. It really isn’t useful to propose it as the panacea that many of this forum’s members do. Even if relevant footage still existed, which given the incident happened more than a month ago is most unlikely, all it would potentially prove is that someone had a brief conversation with a staff member. It does not record audio and the conversation could have been anything, including “is this the platform for Cheltenham Spa” “yes”.

 

[najaB]

I asked the Network Rail staff manning Cheltenham festival goers beyond the barrier and they told me I could by a ticket from the people at the bottom of the stairs that lead onto the platform.

I doubt that they were Network Rail staff (NR do things like maintain the track and control the signals - they don't run any train services), and if they were then they had zero authority to allow you to pass the barrier. Assuming that they were TOC staff then again it sounds a bit dodgy that they tell you to buy your ticket from people who aren't there. That said, if you can provide a reasonable description of the person/people then it would help your case since you were given permission to pass the barrier line and the platform staff gave you permission to board.

 

[Clip]

I doubt that they were Network Rail staff (NR do things like maintain the track and control the signals - they don't run any train services), and if they were then they had zero authority to allow you to pass the barrier.

They do manage paddington along with other stations so will have staff members milling about the station but i do agree that its highly unlikely they would be manning a barrier line and giving permission to buy on board.

 

[185]

I see CCTV has cropped up again. I.....

I do wonder if the CCTV from New Street barriers should be pulled, would be interesting to know if they were dropped open on safety grounds. It's not in the realm of impossibility for station staff to usher through a large crowd of people ticketless. From a revenue protection angle, it annoys me when I do actually witness this happening (understandable) at other locations, and none of them bothering to alert control or staff in other locations.

 

[tiptoptaff]

I doubt that they were Network Rail staff (NR do things like maintain the track and control the signals - they don't run any train services), and if they were then they had zero authority to allow you to pass the barrier. Assuming that they were TOC staff then again it sounds a bit dodgy that they tell you to buy your ticket from people who aren't there. That said, if you can provide a reasonable description of the person/people then it would help your case since you were given permission to pass the barrier line and the platform staff gave you permission to board.

New Street is an NR managed station, and like many of the large NR managed stations have their own CSAs. It is entirely feasible that the member of staff on the gate line at BHM was an NR employee

 

[221129]

New Street is an NR managed station, and like many of the large NR managed stations have their own CSAs. It is entirely feasible that the member of staff on the gate line at BHM was an NR employee

Gateline at New St is Virgin trains. The platform staff and Customer service people are Network Rail though.

 

[tiptoptaff]

Gateline at New St is Virgin trains. The platform staff and Customer service people are Network Rail though.

I would guess however that during such a large event, staff were placed wherever they were needed. In this case, the gateline or at entry/exit to platforms and queues

 

[island]

I do wonder if the CCTV from New Street barriers should be pulled, would be interesting to know if they were dropped open on safety grounds. It's not in the realm of impossibility for station staff to usher through a large crowd of people ticketless. From a revenue protection angle, it annoys me when I do actually witness this happening (understandable) at other locations, and none of them bothering to alert control or staff in other locations.

The incident happened in March. The chance any CCTV from then hasn't been overwritten by now is minuscule.

 

[najaB]

The incident happened in March. The chance any CCTV from then hasn't been overwritten by now is minuscule.

In fact, I'd be very disturbed if it *hasn't* been deleted by now.

 

[AlterEgo]

I would guess however that during such a large event, staff were placed wherever they were needed. In this case, the gateline or at entry/exit to platforms and queues

I’ve never seen it - the staff aren’t trained to operate the gateline. They’re required on platforms to assist with dispatch and to manage passengers with reduced mobility.

 

[mallard]

Without wanting to muddy the waters, could you give any details about the season ticket you hold? If it has any validity at all in the direction of Cheltenham, then it may have a bearing...

 

[68015 (^AG)]

I’ve never seen it - the staff aren’t trained to operate the gateline. They’re required on platforms to assist with dispatch and to manage passengers with reduced mobility.

Yes, even during large events, the gateline is 100% operated by VT staff. Birmingham New Street NR staff as someone said are announcers, passenger assistance, platforms - but not ever gatelines.

 

[Paddy10688]

Update - Settlement of £116.70 has been offered which I have accepted.

Regarding the NR staff - They were helping the flow of customers behind the ticket barriers. The barriers were down so no staff regardless of company were manning the ticket barriers.

 

[najaB]

Update - Settlement of £116.70 has been offered which I have accepted.

That sounds about right based on similar cases, thanks for letting us know.