Travel Fraud Investigation

[Any123321]

Hello today I received a mail from Travel fraud investigation and I don’t know what to reply can please help me.
We have recently been handed a file relating to an incident on 15 of April 2024 when staff were carrying out their revenue duties, you were asked to show your ticket, the ticket you offered had been purchased after departure contravening the conditions of carriage.


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.




We look forward to hearing from you.

 

[skyhigh]

You're going to need to provide details about why you've got this email to get any advice - have you been buying short/Railcard/child tickets you're not entitled to? Or refunding lots of tickets?

What happened on the day you were stopped?

 

[Any123321]

You're going to need to provide details about why you've got this email to get any advice - have you been buying short/Railcard/child tickets you're not entitled to? Or refunding lots of tickets?

What happened on the day you were stopped?

Actually I been buying short tickets for the journey for around 2 months and on that day I was not aware that they were checking tickets so I brought the ticket just one minute ago but they caught me that the ticket was just brought and they started questioning then I told them that I have traveled from tamworth to Wolverhampton without because I was getting late so I thought I would buy it from the train conductor but I didn’t see any conductor and I was getting late so I brought the ticket now but the thing is that I brought the ticket from Trainline and the ticket I brought was from the next station only and it was not the full ticket from were I travelled. And email they have that they will check the ticket record also what should I do.
And now I am panicking what should I do.

 

[Fermiboson]

Actually I been buying short tickets for the journey for around 2 months and on that day I was not aware that they were checking tickets so I brought the ticket just one minute ago but they caught me that the ticket was just brought and they started questioning then I told them that I have traveled from tamworth to Wolverhampton without because I was getting late so I thought I would buy it from the train conductor but I didn’t see any conductor and I was getting late so I brought the ticket now but the thing is that I brought the ticket from Trainline and the ticket I brought was from the next station only and it was not the full ticket from were I travelled. And email they have that they will check the ticket record also what should I do.
And now I am panicking what should I do.

What you need to realise is that:
- you have been fare evading
- the train company knows you have been fare evading
- trying to lie will only dig yourself in deeper and deeper holes
In short, you should be truthful, and apologetic.

Others will be able to come along to offer more detailed advice, but in your reply, you should aim to convince the train company that you will not be fare evading again - and also make sure you are actually not fare evading currently!

You want to show that:
- You are very sorry for what has happened and understand it is a criminal offence
- You understand the public interest argument against fare evasion, i.e. it costs the taxpayer millions of £s per year
- You have taken measures to ensure you do not fare evade again, e.g. buying a season ticket, railcard where applicable, paying correct fares for your regular commute
- You would be very grateful for the opportunity to settle the matter out of court, and are prepared to pay the outstanding fares plus any administrative costs incurred

Make sure everything that you mention in the letter is completely honest. You do not need to incriminate yourself (e.g. by stating exactly how many times you have fare evaded) but do not try to hide things or obfuscate facts either. Don’t mention personal circumstances or sob stories - frankly, the train company doesn’t care!

TOCs will generally offer you an out of court settlement if you are cooperative. This means that you will not be getting a criminal conviction, in return for paying a sum of money to the TOC. This sum will include the Anytime Single undiscounted fare for any journeys you have fare evaded on, plus an administrative fee of £150-200. You want to gather this sum quickly, as once the train company offers the settlement, they will want it paid within 2 to 3 weeks.

If the TOC chooses to prosecute you (and to be clear, this is entirely their choice, even if they generally do not do so if you are willing to pay because out of court settlements make them more money), it will likely either be under Railway Byelaws 18 or Regulation of Railways Act 5(3). In either case, you will get a conviction which will normally not show up on DBS checks, but will be a good idea to declare to any employer regardless; plus a victim surcharge consisting of the fares you have avoided, plus a fine based on your income. This is highly unlikely to be cheaper in either the short or long term than an out of court settlement.

 

[Any123321]

What you need to realise is that:
- you have been fare evading
- the train company knows you have been fare evading
- trying to lie will only dig yourself in deeper and deeper holes
In short, you should be truthful, and apologetic.

Others will be able to come along to offer more detailed advice, but in your reply, you should aim to convince the train company that you will not be fare evading again - and also make sure you are actually not fare evading currently!

You want to show that:
- You are very sorry for what has happened and understand it is a criminal offence
- You understand the public interest argument against fare evasion, i.e. it costs the taxpayer millions of £s per year
- You have taken measures to ensure you do not fare evade again, e.g. buying a season ticket, railcard where applicable, paying correct fares for your regular commute
- You would be very grateful for the opportunity to settle the matter out of court, and are prepared to pay the outstanding fares plus any administrative costs incurred

Make sure everything that you mention in the letter is completely honest. You do not need to incriminate yourself (e.g. by stating exactly how many times you have fare evaded) but do not try to hide things or obfuscate facts either. Don’t mention personal circumstances or sob stories - frankly, the train company doesn’t care!

TOCs will generally offer you an out of court settlement if you are cooperative. This means that you will not be getting a criminal conviction, in return for paying a sum of money to the TOC. This sum will include the Anytime Single undiscounted fare for any journeys you have fare evaded on, plus an administrative fee of £150-200. You want to gather this sum quickly, as once the train company offers the settlement, they will want it paid within 2 to 3 weeks.

If the TOC chooses to prosecute you (and to be clear, this is entirely their choice, even if they generally do not do so if you are willing to pay because out of court settlements make them more money), it will likely either be under Railway Byelaws 18 or Regulation of Railways Act 5(3). In either case, you will get a conviction which will normally not show up on DBS checks, but will be a good idea to declare to any employer regardless; plus a victim surcharge consisting of the fares you have avoided, plus a fine based on your income. This is highly unlikely to be cheaper in either the short or long term than an out of court settlement.

Actually I am a student and don’t even have a part time job and struggling with my rent and other things so i don’t know what to do.

 

[Fermiboson]

Actually I am a student and don’t even have a part time job and struggling with my rent and other things so i don’t know what to do.

Your best option, both in terms of financials and in terms of your future and career, is unquestionably to pay the settlement with any legal means at your disposal.

While this is a very recent development we have started to see some cases of TOCs agreeing to a payment plan. This used to not be the case; you may consider asking them for such a plan, but don’t rely on it.

Ask friends, family, etc for any money you will be able to scrounge up, and speak to your student union rep, who should be able to offer confidential advice for these kinds of situations.

Again, a criminal conviction will nearly definitely not be cheaper even in the short term. If you are a student, they will assume you have income of £120 per week and calculate the fine based on that.

Situations like these are still resolvable, so stay calm - but you need to act quickly, and talk to the right people.

 

[Any123321]

Your best option, both in terms of financials and in terms of your future and career, is unquestionably to pay the settlement with any legal means at your disposal.

While this is a very recent development we have started to see some cases of TOCs agreeing to a payment plan. This used to not be the case; you may consider asking them for such a plan, but don’t rely on it.

Ask friends, family, etc for any money you will be able to scrounge up, and speak to your student union rep, who should be able to offer confidential advice for these kinds of situations.

Again, a criminal conviction will nearly definitely not be cheaper even in the short term. If you are a student, they will assume you have income of £120 per week and calculate the fine based on that.

Situations like these are still resolvable, so stay calm - but you need to act quickly, and talk to the right people.

should I just accept that I made the mistake of not buying ticket only on that day on which I was caught or I should accept the 5 times I didn’t buy tickets.

 

[Fermiboson]

should I just accept that I made the mistake of not buying ticket only on that day on which I was caught or I should accept the 5 times I didn’t buy tickets.

You do not need to incriminate yourself, so you do not need to give them a full travel itinerary. Simply say that you admit to having fare evaded, and let them do the math.

Edit: Do wait for other more experienced forum members to come along and double check what I have said before sending anything out.

 

[Any123321]

You do not need to incriminate yourself, so you do not need to give them a full travel itinerary. Simply say that you admit to having fare evaded, and let them do the math.

Should I also mention that I am student and that I don’t know about the ticket system and how to buy them that I am new here and don’t know that much.

 

[Fermiboson]

Should I also mention that I am student and that I don’t know about the ticket system and how to buy them that I am new here and don’t know that much.

No. It may be harsh, but they do not care.

Relatedly, if you are an international student, definitely speak to about your student union rep and the relevant qualified people at Citizens Advice(?) about how this may or may not affect your student visa (if you get a conviction). We here are legally not allowed to give any advice or suggestion relating to visa matters, but it appears to be a valid concern.

Also, it does seem like you were intentionally buying when challenged, and short faring - admitting to clearly intentional behaviour like that while also pleading ignorance is unlikely to work in your favour.

 

[skyhigh]

that I don’t know about the ticket system and how to buy them

You bought a short ticket to save money so don't lie and make up excuses because they won't help you.

You clearly do know how to buy a ticket, as you bought one (albeit short) on the day you were stopped. The fact you have a Trainline booking history will also show this is a lie. As a student they will probably think you should be intelligent enough to deduce that the ticket should be bought from your origin to destination, even if you are new to it.

 

[Any123321]

You bought a short ticket to save money so don't lie and make up excuses because they won't help you.

You clearly do know how to buy a ticket, as you bought one (albeit short) on the day you were stopped. The fact you have a Trainline booking history will also show this is a lie. As a student they will probably think you should be intelligent enough to deduce that the ticket should be bought from your origin to destination, even if you are new to it.

Can they check my booking history.

 

[Fermiboson]

Can they check my booking history.

Yes.

Do not assume you are capable of hiding anything from them.

 

[Any123321]

Yes.

Do not assume you are capable of hiding anything from them.

Will they check my history and then calculate how much fine they want.

 

[AlterEgo]

Will they check my history and then calculate how much fine they want.

Yes, but it will not be a fine, rather a settlement to keep things out of court.

 

[Any123321]

Yes, but it will not be a fine, rather a settlement to keep things out of court.

But sometimes I travel from different stations to different stations and is unusual will they consider that also a fraud.

 

[electrostar357]

Would Aston to Birmingham New Street be one of these journeys?

 

[TrainLover79]

Needless to say that you should have not done that. You will have to be honest with them and admit to each time you evaded the fair, apology for it and offer to pay it back,

I assume that you have provided your details as they have sent you an email?
If you provided the wrong details , that is a much serious offence itself.

Also, have you always bought your tickets from the trainline app account ?

 

[Any123321]

Needless to say that you should have not done that. You will have to be honest with them and admit to each time you evaded the fair, apology for it and offer to pay it back,

I assume that you have provided your details as they have sent you an email?
If you provided the wrong details , that is a much serious offence itself.

Also, have you always bought your tickets from the trainline app account ?

Yes I brought through Trainline but some time I also brought it offline and online website.

 

[Fermiboson]

But sometimes I travel from different stations to different stations and is unusual will they consider that also a fraud.

It's quite simple, really: If you have evaded fares, you will know. You don't need to mention all the occasions you know you have evaded fares to them, but you also most definitely should not lie and say that you have not fare evaded on journeys you know you have fare evaded on.

If they come back, and the settlement amount is unexpectedly high, then you can request a breakdown of the calculations and provide evidence to justify the legitimacy of journeys you have made and hash it out with the company then. This is not something you should be thinking about at this stage.

To reiterate: Do not hope to hide anything. Assume they will know everything. Have them do the math, then correct them if and only if they are wrong.

 

[TrainLover79]

Yes I brought through Trainline but some time I also brought it offline and online website.

Have you provided your details ? Or did they find them out by scanning your e-ticket? As I said, it’s very important that you provided the real details if and when they asked.

 

[Fermiboson]

Have you provided your details ? Or did they find them out by scanning your e-ticket? As I said, it’s very important that you provided the real details if and when they asked.

OP's already received a letter from the TOC, so we can assume that's all well and sorted.

 

[Any123321]

OP's already received a letter from the TOC, so we can assume that's all well and sorted.

I have questions that how much time I have to reply them.

 

[skyhigh]

I have questions that how much time I have to reply them.

Does the email say?

 

[Any123321]

Does the email say?

No the email doesn’t say.

 

[Titfield]

From memory I think we have seen date ranges of 7 - 10 days for emails from Digital Fraud Teams.

 

[Any123321]

From memory I think we have seen date ranges of 7 - 10 days for emails from Digital Fraud Teams.

In the mail it was written that that ‘Will look into this and get back to you’ or Please investigate the claim’ and ‘Thanks for the mail’.

 

[30907]

In the mail it was written that that ‘Will look into this and get back to you’ or Please investigate the claim’ and ‘Thanks for the mail’.

Which mail are you referring to?

The one you received yesterday is a standard email, have you replied and received another?

 

[Any123321]

Which mail are you referring to?

The one you received yesterday is a standard email, have you replied and received another?

In the same mail that I received at the bottom there were this reply to mail.

 

[Fermiboson]

In the mail it was written that that ‘Will look into this and get back to you’ or Please investigate the claim’ and ‘Thanks for the mail’.

If, as I take it, the TOC have written back to you after you sent them a reply, and said they will look into it, then you can wait.