GWR Prosecution note

[mensi]

Hello everyone ,

I was caught travelling with a discounted ticket at the Oxford station today , I usually travel from Birmingham to Oxford and back. I admitted to not having a rail card when asked and the GWR lady pulled me aside for questioning , she went through my past tickets and started writing down ticket codes for tickets I used a railcard on and took pictures as well . Her boss whispered something in her ear after I asked to leave because I was running late for work. she began the interview under caution. I obliged and admitted to travelling without the rail card, she referenced my past tickets and asked how many times I used the railcard ( I said 4 times during questioning) - which is a lie , I have been using it for a while because it automatically applies a 25-30 discount on my trainpal app without me adding any details.

After she made me sign her notebook she handed me a GWR prosecution card and a ticket to complete my journey . That was when I began to panic , I asked to pay but she refused and said they will write to me.

I am panicking because I have read that I would be convicted, I absolutely do not want a criminal record , I am willing to pay a fine. My anxiety is through the roof , I can't breathe, I just want to know what will happen to me. Please advice me ,I don't want to go to court please!

 

[Hadders]

Welcome to the forum!

I'm afraid it's not your decision whether or not this goes to court. GWR are entitled to take the matter to court should they decide to do so. That said, GWR are normally one of the more pragmatic companies to deal with when it comes to this sort of thing. They will write to you asking for your version of events before deciding how to proceed. The letter could take a couple of months to arrive. It is very important that you reply to this letter.

In your reply you might want to mention that:

- 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

GWR are normally prepared to offer an out of court settlement to people who have not come to their attention before and who co-operate with their investigation. They are likely to research your online ticket purchasing history and will quickly discover if you have done this before, and how many times you have done it.

If you are offered a settlement expect to pay the cost of the fares avoided at the full Anytime rate with no discount for the tickets you did purchase. In addition you will have to pay GWR's admin fees in dealing with the case which is likely to be around £150. You need to be in a position to pay this in full within a few days of being offered teh settlement so I suggest doing your own research to estimate how much you are likely to have to pay so that you can start saving.

Also, on a pedantic not you don't want to pay a fine - only a court can impose a fine as a punishment followng a conviction. What you want to pay is an out of court settlement which is a sum of money you pay to GWR in return for them not sending the case to court. Paying a settlement might feel like a fine but technically it isn't a fine!

FWHen it arrives, feel free to post a redacted copy of the letter from GWR in this thread along with you draft replay and forum members will be happy to proof read it for you.

 

[ikcdab]

A lot will depend on what GWR find when they research your ticket buying. You said its more than four times - do you know roughly how many? If its (say) 10 or a bit more times, then GWR will probably offer an out of court settlement. If the number of times reaches large double figures, then they may decide to prosecute. But there is no hard and fast rule - we have seen people who have evaded a very large number of fares settle and the opposite is also true.
An out of court settlelement is likely to be the anytime single rate for every journey with maybe £150 admin fee added on.
The anytime single rate Birmingham New Street to Oxford looks to be £50 so you can work out how much a settlement is likely to be. It soon adds up.
All you can do now is wait for the letter. You can also work out how many times you have done this and so what any liley settlement might be. If they offer a settllement, then you will have to pay it all quickly, so you might want to have money ready.
As said above, a settllement is likely and even if it does go to court, a conviction for fare evasion should not be disasterous - apart from the obvious reasons, is there a particular reason you need to avoid court such as you working in a job which relies on trust or something else?
Try not to worry too much and wait for the letter. When it arrives, come back here and people here will help.

 

[mensi]

Thanks so much for the information , I will let you know when I hear from GWR. Fingers crossed for an out of court settlement

Thank you for the advice . I would like to avoid a conviction at all cost mostly because of my work.

It's horrible to not know my fate and I just have to wait and see .

The card stated " Reported for prosecution" . Makes me think I will be prosecuted without a chance to settle out of court . Does anyone have any experience with people who were handed cards

 

[Brissle Girl]

Based on our experience the next step will be a letter threatening prosecution but asking for your side of the story. When you get that come back on here and you can get some good advice on how to draft your response. Until then I’m afraid it’s a waiting game.

Also, if you are eligible for a railcard then do buy one. If not then make absolutely sure that any future purchases don’t include it, to avoid any further complications.

 

[WesternLancer]

Thanks so much for the information , I will let you know when I hear from GWR. Fingers crossed for an out of court settlement

Thank you for the advice . I would like to avoid a conviction at all cost mostly because of my work.

It's horrible to not know my fate and I just have to wait and see .

The card stated " Reported for prosecution" . Makes me think I will be prosecuted without a chance to settle out of court . Does anyone have any experience with people who were handed cards

Have a read of the get revenue protection policy pdf doc on their website. It is useful in terms of what you can expect.

 

[mboy7]

Hey

Have you had any response/letter from the gwr since? And if yes can you please tell what have they offered. Really would appreciate your response bro as I am in same situation really worried and depressed cant sleep..

 

[SteveM70]

Hey

Have you had any response/letter from the gwr since? And if yes can you please tell what have they offered. Really would appreciate your response bro as I am in same situation really worried and depressed cant sleep..

If you need advice, please start your own thread and explain your situation. No two cases are the same, so having your own thread will mean you get the right advice for you

 

[aviationgeek]

The card stated " Reported for prosecution" . Makes me think I will be prosecuted without a chance to settle out of court . Does anyone have any experience with people who were handed cards

This was a ticket withdrawal card and on it should have been a couple of QR codes for you to source further information on. One is about how they store your details safely, the other about their revenue protection policy, and how they deal with incidents like yours. The card will also give you information on the date you were stopped and who interviewed you.