Travel Fraud Investigation

[adviceplease9]

Hi,

I am after some advice please after I was recently caught by an inspector whilst travelling with a partial ticket, roughly 4 weeks ago.

This morning I received an email from WM Rail fraud investigations team:

"We have recently been handed a file relating to an incident in March 2024 when approached by staff carrying out their revenue duties, you were asked to show your valid ticket you offered a ticket that was not valid for the journey you had completed, possibly committing short journey fraud.

Further investigations into this matter have been carried out, including a review of the ticket records. It would appear, at this stage, that this may be a case of fraud. West Midlands Trains take travel fraud extremely seriously and is committed to prosecuting all cases of fare evasion to the full extent of the law. Travelling on the railway with the intent to avoid paying the full fare is an offence under the Regulation of Railways Act 1889. Such an offence carries a maximum fine of £1,000 and/or three months’ imprisonment and, in either case, a criminal record. It must also be considered whether this matter amounts to a much more serious offence under the Fraud Act 2006.

At this stage we would be grateful if you would provide any evidence to support the claim that none of the above legislation has been contravened to prevent further action being contemplated".

Please find my drafted response:

"I am writing in response to your email regarding the incident on 28th March 2024 involving the examination of my ticket during a journey.

First and foremost, I want to express my sincere apologies for any inconvenience or concern caused by this matter. After reviewing the details provided in your email, I feel it necessary to clarify the circumstances.

While it is true that I am a regular patron of [REDACTED] gym and do regularly travel from Aston Station to New Street Station, I must clarify that I did not undertake that journey on the specific date in question, and as such accept that I made an error.

Typically, I purchase return tickets for these journeys, as it is a convenient route for me due to the availability of free parking near Aston Station and the proximity of the gym, which is approximately a 5-minute walk away. However, on the date in question, circumstances led me to forego that journey and I therefore am guilty of having only a partial ticket. However, please note I did purchase an additional ticket covering my travel for the rest of the journey whilst already on-board of the train.

I understand the seriousness of the situation would like to express my preference to resolve this matter swiftly and amicably.

In compliance with your request for evidence, I have enclosed documentation provided by one of the personal trainers, verifying my regular attendance at the gym during weekdays, often before or after work.

Once again, I apologise for any inconvenience caused".

Please feel free to comment any advice, and thank you in advance!

 

[ainsworth74]

However, please note I did purchase an additional ticket covering my travel for the rest of the journey whilst already on-board of the train.

Did you buy this ticket before or after the train left the last station at which the ticket you already held was valid?

 

[adviceplease9]

Did you buy this ticket before or after the train left the last station at which the ticket you already held was valid?

Hi,

So I saw the inspectors aboard the train and purchased an additional ticket there and then covering the rest of the journey, however the train was already in motion and if I am honest it was a reaction to seeing the inspector. Essentially I chanced it as I was two stations away from my home station.

Thanks for the reply!

 

[alholmes]

Your draft makes no sense. You state that you”did not undertake that journey”. But you were caught by an inspector. I think you need to be clearer - what journey did you make on the day you were stopped? What ticket did you have? And what extra ticket did you buy?

 

[GadgetMan]

The obvious question that comes to mind is... If you were on Aston to New Street trip, you'll have known you needed a ticket from further away.

If you were traveling New Street to Aston, why would you over travel if your car is parked near Aston station?

If it was genuinely a one off, then you're probably going to need more evidence than just a personal trainer saying you visit a particular gym.

 

[adviceplease9]

Your draft makes no sense. You state that you”did not undertake that journey”. But you were caught by an inspector. I think you need to be clearer - what journey did you make on the day you were stopped? What ticket did you have? And what extra ticket did you buy?

Hi, thanks for the response.

I meant that I did not undertake my usual journey (Aston to New St return) on that day.

I usually travel between Aston and New St (open return ticket). I decided not to get off at Aston that day, so was essentially travelling further than my paid ticket.

They will have seen that I purchase this ticket 2-3 times per week, which is why they believe I am committing fraud over an extended period but as stated I usually do travel between these destinations.

 

[alholmes]

Hi, thanks for the response.

I meant that I did not undertake my usual journey (Aston to New St return) on that day.

I usually travel between Aston and New St (open return ticket). I decided not to get off at Aston that day, so was essentially travelling further than my paid ticket.

They will have seen that I purchase this ticket 2-3 times per week, which is why they believe I am committing fraud over an extended period but as stated I usually do travel between these destinations.

That’s a helpful clarification- you need to cover this in your response.

 

[adviceplease9]

The obvious question that comes to mind is... If you were on Aston to New Street trip, you'll have known you needed a ticket from further away.

If you were traveling New Street to Aston, why would you over travel if your car is parked near Aston station?

If it was genuinely a one off, then you're probably going to need more evidence than just a personal trainer saying you visit a particular gym.

Thank you for your reply. I think you raise a good point.

Please see revised:

"I am writing in response to your email regarding the incident in March 2024 involving the examination of my ticket during a journey.

First and foremost, I want to express my sincere apologies for any inconvenience or concern caused by this matter. After reviewing the details provided in your email, I feel it necessary to clarify the circumstances.

While it is true that I am a regular patron of [REDACTED GYM] in Aston and travel between Aston and New Street Station, I must clarify that on the specific date in question, I did not undertake my usual journey and therefore only had a partial ticket and was rightly questioned by your inspectors. Typically, I car-share with another gym-goer who parks his car at the gym in Aston. This arrangement allows us to access the gym conveniently, given its close proximity to Aston Station, and then travel to New Street Station without paying for parking in Central Birmingham. However, on the date in question, circumstances led me to forego that journey and I decided to travel further than Aston regrettably without the correct ticket.

I understand the seriousness of the situation and I would like to express my preference to resolve this matter swiftly and amicably.

In compliance with your request for evidence, I have enclosed documentation provided by one of the personal trainers, verifying my regular attendance at the gym during weekdays, often before or after work.

Once again, I apologise for any inconvenience caused".

 

[AlterEgo]

Hi, thanks for the response.

I meant that I did not undertake my usual journey (Aston to New St return) on that day.

I usually travel between Aston and New St (open return ticket). I decided not to get off at Aston that day, so was essentially travelling further than my paid ticket.

They will have seen that I purchase this ticket 2-3 times per week, which is why they believe I am committing fraud over an extended period but as stated I usually do travel between these destinations.

Aston is often the first stop out of New Street so is an obvious hotspot for short faring.

So your assertion is that you travel from New Street to Aston and back by train. Where were you travelling to when you were stopped, and does this station have a connection with the address you gave? Will it look like you were going home?

Does your personal trainer know they are setting themselves up to be a witness?

 

[adviceplease9]

Aston is often the first stop out of New Street so is an obvious hotspot for short faring.

So your assertion is that you travel from New Street to Aston and back by train. Where were you travelling to when you were stopped, and does this station have a connection with the address you gave? Will it look like you were going home?

Does your personal trainer know they are setting themselves up to be a witness?

Hi,

To clarify, on this occasion I am not disputing that I was short faring. I was. I thought it was harmless as I was two stops away. Naturally this was a mistake on my part which I regret.

Additionally, my personal trainer is simply stating that I am a member of his gym and that I do train there in the week often straight from/before work.

Please don't take this in the wrong way, as it is a genuine question, but should I be proving my innocence here or should the onus be on WM Rail to disprove my version of events? I am happy to admit that I was in the wrong on this occasion and I did take a silly risk which didn't pay off...

 

[30907]

They've sent a generic mail.

You were travelling without a valid ticket beyond Aston, so you cannot "prove your innocence." You need to admit your wrongdoing.

The sentence about the gym reads as if it is a reply to a question, so needs changing. "I regularly park near Aston station (because I also visit a gym there) and travel to Birmingham from there" seems to cover it. No need to name it!

I still don't understand why you didn't get offt9 collect your car....

 

[adviceplease9]

They've sent a generic mail.

You were travelling without a valid ticket beyond Aston, so you cannot "prove your innocence." You need to admit your wrongdoing.

The sentence about the gym reads as if it is a reply to a question, so needs changing. "I regularly park near Aston station (because I also visit a gym there) and travel to Birmingham from there" seems to cover it. No need to name it!

I still don't understand why you didn't get offt9 collect your car....

Please see revised reply:

"First and foremost, I want to express my sincere apologies for any inconvenience or concern caused by this matter. After reviewing the details provided in your email, I feel it necessary to clarify the circumstances.

While it is true that I am a regular patron of a gym in Aston and usually travel between Aston and New Street Station, I must clarify that on the specific date in question, I did not undertake my usual journey and therefore only had a partial ticket and was rightly questioned by your inspectors.

Typically, I car share with another gym goer who parks the car at the gym in Aston. This arrangement allows us to access the gym conveniently, given its close proximity to Aston Station, and then travel to New Street Station without paying for parking in Central Birmingham. However, on the date in question, circumstances led me to forego that journey and I decided to overtravel further than Aston regrettably without upgrading my ticket before travelling.

I understand the seriousness of the situation and fully acknowledge my mistake in not ensuring valid fare for the journey. I have learned from this lapse in judgment and can assure you that I will not take such a risk again in the future.

I would also like to express my preference to resolve this matter swiftly and amicably.

In compliance with your request for evidence, I have enclosed documentation provided by one of the personal trainers, verifying my regular attendance at the gym during weekdays, often before or after work.

Once again, I apologise for any inconvenience caused."

 

[AlterEgo]

Hi,

To clarify, on this occasion I am not disputing that I was short faring. I was. I thought it was harmless as I was two stops away. Naturally this was a mistake on my part which I regret.

Additionally, my personal trainer is simply stating that I am a member of his gym and that I do train there in the week often straight from/before work.

Please don't take this in the wrong way, as it is a genuine question, but should I be proving my innocence here or should the onus be on WM Rail to disprove my version of events? I am happy to admit that I was in the wrong on this occasion and I did take a silly risk which didn't pay off...

The likelihood is that WMT has evidence to prosecute you for the single instance of short faring. They have audited your purchases and find how many other tickets you have bought for the same journey, and use this to calculate a settlement, a possibility you have already considered as you are now looking to explain your travel pattern. However, giving a detailed reason for your regular trips to Aston, but a vague one "circumstances led me to forgo" is not especially convincing.

Your personal trainer is now at the stage of giving evidence to support your defence against potential criminal charge. Have you asked them if they would be willing to repeat that in court, under oath, and be questioned on it? It may be you haven't, but if you then decide not to invite this person as a witness, it weakens your case.

It would further weaken your case if they found, for example, on the day you were stopped, you were travelling to Sutton Coldfield, for example, and your home address was in Sutton Coldfield. They might reasonably suspect you are simply a habitual short farer. The circumstances of your case will either increase or decrease their suspicion of you.

If you are unable to reach a settlement with WMT, they will just prosecute you for the single offence anyway, and be done with it.

 

[adviceplease9]

The likelihood is that WMT has evidence to prosecute you for the single instance of short faring. They have audited your purchases and find how many other tickets you have bought for the same journey, and use this to calculate a settlement, a possibility you have already considered as you are now looking to explain your travel pattern. However, giving a detailed reason for your regular trips to Aston, but a vague one "circumstances led me to forgo" is not especially convincing.

Your personal trainer is now at the stage of giving evidence to support your defence against potential criminal charge. Have you asked them if they would be willing to repeat that in court, under oath, and be questioned on it? It may be you haven't, but if you then decide not to invite this person as a witness, it weakens your case.

It would further weaken your case if they found, for example, on the day you were stopped, you were travelling to Sutton Coldfield, for example, and your home address was in Sutton Coldfield. They might reasonably suspect you are simply a habitual short farer. The circumstances of your case will either increase or decrease their suspicion of you.

If you are unable to reach a settlement with WMT, they will just prosecute you for the single offence anyway, and be done with it.

Thank you for your response.

Am I correct in saying you believe my best course of action is to reach an out of court settlement with WMT.

And if so, what would you recommend I do from here?

 

[Fermiboson]

Thank you for your response.

Am I correct in saying you believe my best course of action is to reach an out of court settlement with WMT.

And if so, what would you recommend I do from here?

It depends - did you actually only short fare on this one occasion?

If you are able to offer compelling evidence that your regular destination is actually Aston, then likely the TOC will be willing to just offer an out of court settlement for the one instance of short faring.

If you aren’t, and you did in fact regularly short fare, then well ”fair cop”.

Either way, you will want to write back to WMT. If you do so, either way, you will likely be offered an out of court settlement. You’re not compelled to agree without question to their first offer.

 

[GadgetMan]

I still don't understand why you didn't get offt9 collect your car....

Now that's been pointed out, the story has changed to them car sharing / getting lifts.

It's pretty clear OP has been short faring regularly, and now caught is trying to come up with a story to convince WMR it was a one off and they happened to get caught the first time they short fared.

 

[Mcr Warrior]

Another example of an OP road-testing an explanation / excuse? Best advice, is likely to be, to stick to the truth.

 

[electrostar357]

Why do I have a feeling you've signed up as two separate accounts asking for advice on two different fraud investigations (Any123321)?:

I find it very coincidental that two new users appeared today starting two new threads with the same title asking for advice about two incidents on West Midlands Railway.

Call me cynical, but I think somebody is in very big trouble here.