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Possible prosecution for using an expired railcard

xundor

New Member
Joined
15 Feb 2024
Messages
3
Location
zebilanshon
This happened last week when I was traveling on the Stansted Express (Greater Anglia).

I was asked to show my ticket to the officer at the station exit, and although I had a valid ticket, I didn't realise the 16-25 railcard included discount was actually expired by 5 months (I booked through Trainline so it doesn't check, and I rarely use the train).
I then got asked to step aside and go talk to another officer. He was busy, so I decided to renew the railcard while waiting.
When that other officer got back, he immediately pulled up a £71 penalty and asked me to pay for "not having a ticket". I mentioned that I actually had a ticket, but I accidentally used an expired railcard that I'd just renewed, and whether I could just pay the fare difference or even purchase a new ticket entirely.

He then got really angry and started using threatening words like "I'm not playing games with you" and "I will make this very difficult now", he then pulled out his police badge and started asking me questions under caution: my name, address in the UK, whether I intended to travel without a ticket, and whether I had enough money to afford a ticket.

Then he took pictures of my ticket, old railcard, new railcard, and said he's filling out a form to the train company, and they will send me a letter through post to prosecute, which will end up as a criminal offence.
I found similar cases in this forum and figured it's a common issue, but I had a few more questions:
  • It's been 10 days and I haven't received anything yet. Would it be a good idea to reach out directly to Greater Anglia and try to solve the matter myself?
  • It seems for most cases they offer an out of court settlement, but it's ultimately up to their discretion to take it to court or not, If in the worst case, they decided to take this to court, and I was found guilty with a criminal offence. What exactly does this imply? I'm on a skilled worker visa, would that possibly risk my visa getting terminated?
  • In addition to being threatened for asking a seemingly innocent question, the officer also claimed I lied saying my railcard expired two weeks ago (which I never did) -- can I somehow use that incident in my favour in court? I obviously don't have any proof of that happening.
Thanks a lot in advance.
 
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WesternLancer

Established Member
Joined
12 Apr 2019
Messages
7,240
This happened last week when I was traveling on the Stansted Express (Greater Anglia).

I was asked to show my ticket to the officer at the station exit, and although I had a valid ticket, I didn't realise the 16-25 railcard included discount was actually expired by 5 months (I booked through Trainline so it doesn't check, and I rarely use the train).
I then got asked to step aside and go talk to another officer. He was busy, so I decided to renew the railcard while waiting.
When that other officer got back, he immediately pulled up a £71 penalty and asked me to pay for "not having a ticket". I mentioned that I actually had a ticket, but I accidentally used an expired railcard that I'd just renewed, and whether I could just pay the fare difference or even purchase a new ticket entirely.

He then got really angry and started using threatening words like "I'm not playing games with you" and "I will make this very difficult now", he then pulled out his police badge and started asking me questions under caution: my name, address in the UK, whether I intended to travel without a ticket, and whether I had enough money to afford a ticket.

Then he took pictures of my ticket, old railcard, new railcard, and said he's filling out a form to the train company, and they will send me a letter through post to prosecute, which will end up as a criminal offence.
I found similar cases in this forum and figured it's a common issue, but I had a few more questions:
  • It's been 10 days and I haven't received anything yet. Would it be a good idea to reach out directly to Greater Anglia and try to solve the matter myself?
  • It seems for most cases they offer an out of court settlement, but it's ultimately up to their discretion to take it to court or not, If in the worst case, they decided to take this to court, and I was found guilty with a criminal offence. What exactly does this imply? I'm on a skilled worker visa, would that possibly risk my visa getting terminated?
  • In addition to being threatened for asking a seemingly innocent question, the officer also claimed I lied saying my railcard expired two weeks ago (which I never did) -- can I somehow use that incident in my favour in court? I obviously don't have any proof of that happening.
Thanks a lot in advance.
You need to wait to hear from them in writing (assume you gave an accurate postal address where you can be contacted for some time up to several months into the future) - then head back here for advice on how to respond to that to get the best outcome achievable.

When that other officer got back, he immediately pulled up a £71 penalty and asked me to pay for "not having a ticket". I mentioned that I actually had a ticket, but I accidentally used an expired railcard that I'd just renewed, and whether I could just pay the fare difference or even purchase a new ticket entirely.

It's unfortunate and no way for you to know this - but if that was Penalty Fare (sounds like it was), had you agreed to pay it it would have been much better and simpler to deal with than what will happen now - and would have cost you less financially.

Unfortunately a ticket bought with a Railcard when you no longer have the valid railcard is not considered to be a valid ticket at all - but it is regrettable that the member of staff (I doubt it was a police badge, but probably Railway Revenue Protection Staff) did not explain this to you in a considerate way that you would not have found threatening.

What you also need to know is that they can easily check your on line ticket purchasing history, so if you have bought other discounted tickets since your Railcard expired, there is a strong possibility that they will find evidence of those and seek payment for replacement tickets. You may want to check your on line purchase records to see if there are instances of that.

In any case, there is a strong chance you can resolve this without being prosecuted with help from this forum, so head here for advice as and when you need it.
 

spag23

On Moderation
Joined
4 Nov 2012
Messages
793
I'm on a skilled worker visa, would that possibly risk my visa getting terminated?
Only certain authorised professionals are allowed to advise on immigration and visa matters. So you need to seek them out elsewhere, and not expect an answer on this forum about this aspect.
 

xundor

New Member
Joined
15 Feb 2024
Messages
3
Location
zebilanshon
Update:
I just got a letter today where they offered an out of court settlement straight away, thanks everyone for your help! :)
 

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