Report For Prosecution

[jwmeckni]

Please help me - Report For Prosecution

I was traveling from Salisbury to Clapham Junction with South Western Railway with an advanced single ticket for 19:26 at 16:26.

The Guard requested for my ticket and I showed him. I explained I had to leave Salisbury earlier. He asked how I entered the gate and I said with the advanced single ticket but I don't think he believed me.

He asked for my ID and I told him I did not have ID.

He took my name with name on my ATM card and my address and gave me a printed paper titled South Western Railway Report For Prosecution.

Please what can I do. I don't want to have a criminal record.

 

[NSE]

Experts will be along to explain the process and give you guidance on what to do. Essentially, from being on these forums a while, the advice will be to keep calm, don’t panic, and follow the guidance you’re given. This will include you being factual and apologetic.

You’ve not stated why you chose to travel early, but traveling on the wrong timed train makes your ticket invalid. The reason they are so cheap is because they have no flexibility. By travelling at the wrong time, you did not have a valid ticket, which is an offence.

Hang tight, the experts will be along shortly to help you try and reach a suitable resolution.

 

[furlong]

This is another area where some train companies can be a bit naughty in not just selling a new walk-up ticket.

The terms and conditions for advance tickets clearly say (on https://www.nationalrail.co.uk/tick...tickets/advance-tickets-terms-and-conditions/ ):

7.2 Changes to tickets cannot be made on-board the train. If you board a train without a ticket and reservation for that service, a new ticket must be purchased. Depending on the Train Company you are travelling with, you may be liable to a Penalty Fare if you board the train with an invalid ticket.

So as you weren't given a Penalty Fare, you could argue that the contract says you should simply have been asked to purchase a new ticket. The National Rail website is regarded as definitive and the failure to mention prosecution as an option ought to be taken as excluding that possibility: Someone who looked at the T&Cs might have decided to accept the described outcome of their actions (paying a Penalty Fare or buying a new ticket on board) - but if it had included the possibility of prosecution they would have acted differently.

Further, the Advance Tickets FAQ (for staff) says:

Q: If customers are found to be travelling not on their booked train (but on the correct date and correct Train Company), what fare will they be required to buy on board the train?
A: The fare that would have applied had they purchased it at the station for travel on that train immediately before the start of the journey. If required a return fare can be sold.
Railcard discounts are allowed if the original Advance fare was Railcard discounted and the Railcard is held at the time of travel.

Or in other words, unless there is more to this than you've said, you should be able settle this with them for the amount of a new fare - including making use of any railcard. (If they try to add on some 'admin' fee you might consider pushing back against this assuming you had offered to pay the new fare on board.)

 

[jwmeckni]

This is another area where some train companies can be a bit naughty in not just selling a new walk-up ticket.

The terms and conditions for advance tickets clearly say (on https://www.nationalrail.co.uk/tick...tickets/advance-tickets-terms-and-conditions/ ):



So as you weren't given a Penalty Fare, you could argue that the contract says you should simply have been asked to purchase a new ticket. The National Rail website is regarded as definitive and the failure to mention prosecution as an option ought to be taken as excluding that possibility: Someone who looked at the T&Cs might have decided to accept the described outcome of their actions (paying a Penalty Fare or buying a new ticket on board) - but if it had included the possibility of prosecution they would have acted differently.

Further, the Advance Tickets FAQ (for staff) says:



Or in other words, unless there is more to this than you've said, you should be able settle this with them for the amount of a new fare - including making use of any railcard. (If they try to add on some 'admin' fee you might consider pushing back against this assuming you had offered to pay the new fare on board.)

I didn't know I could have bought a ticket on the train else I would have. He signed the ticket, asked for my ID which I did not have on me and presented my debit card for my full name.

 

[WesternLancer]

I didn't know I could have bought a ticket on the train else I would have. He signed the ticket, asked for my ID which I did not have on me and presented my debit card for my full name.

You’d have been better going to the ticket office before getting on the train and sorting it out there with a new ticket. This might be helpful for next time this situation happens.

 

[jwmeckni]

You’d have been better going to the ticket office before getting on the train and sorting it out there with a new ticket. This might be helpful for next time this situation happens.

Right! Thank you

 

[WesternLancer]

Right! Thank you

Obviously main priority now is to help you resolve this going forwards. Basically in due course possibly in a few weeks they will write to you about this in quite threatening way.

It’s vital you get that letter and reply to it promptly so watch for post or email and check spam.

Then head back here for advice on how to respond.

In the meantime have a look at some other threads involving SWR to get an idea of things.