WITNESS STATEMENT RECEIPT

[teebobby]

I got a witness statement receipt yesterday, I traveled with a 16-17 railcard discount (I don't have a railcard and I'm not 16). I panicked and played ignorant to the officer that I forgot my railcard which I honestly don't have, I know this is wrong but I'm unaware of the consequences. In the paper the officer gave me, it stated that I could upload my railcard and I would be contacted. Having read through all the comments here, I'm now aware of the consequences of my actions and I need help on what to do, What to expect, and how to respond. I want to avoid court and I want this to be settled as soon as possible.

My concerns and questions are:

1. Am I getting an Intent to Prosecute Letter or a Fare Penalty Notice?
2. Do I need to wait, or I can Just send a letter admitting and letting them know I'm willing to settle out of court even before I get any letter?
2. Will I still be able to pay the Penalty fare?
3. Is the Penalty fare Amount the same as the out-of-court settlement fee?


Please any advice and help will be greatly appreciated. I'm very disappointed in myself for causing this pain upon my self and would advise anyone to stay away from these as the mental consequences aren't worth it. I've learned my lesson

 

[clagmonster]

Anything involving a penalty fare is now off the table.

The odds are that you will get an intention to prosecute letter.

The chances of getting the opportunity to settle and the settlement amount vary depending on which train operating company you were stopped by.

What I would do now is take actions to prevent yourself from reoffending. If eligible buy a Railcard, if you travel often enough get a season ticket. Actions like this, whilst not altering your guilt for the offence, may make the train operating company more inclined to offer you a settlement.

 

[Titfield]

When you receive the letter from the Train Operating Company please upload here with your name, address and reference number obscured.

Forum members will then be able to advise how best to respond to the specific issues the letter raises.

We do not advise contacting the TOC before you receive the letter as (1) it may not be correctly matched up to the incident (2) it may not fully address the issues the TOC has.

An out of court settlement, if offered, is typically the fares avoided plus an administration fee of between £100 and £200. An out of court settlement is usually offered if you have not come to the attention of the TOC before (for a similar offence) and is not part of systematic fare avoidance or fraud. TOCs vary in their level of response.

Engaging with the TOC is essential to minimise the level of action they will take. Ignore the letter and matters can escalate to a much higher level of financial penalty and other consequences.

 

[teebobby]

Thanks so much for your response, the train operating company is Thameslink, and the paper the officer gave me has Govia on top of it.

When you receive the letter from the Train Operating Company please upload here with your name, address and reference number obscured.

Forum members will then be able to advise how best to respond to the specific issues the letter raises.

We do not advise contacting the TOC before you receive the letter as (1) it may not be correctly matched up to the incident (2) it may not fully address the issues the TOC has.

An out of court settlement, if offered, is typically the fares avoided plus an administration fee of between £100 and £200. An out of court settlement is usually offered if you have not come to the attention of the TOC before (for a similar offence) and is not part of systematic fare avoidance or fraud. TOCs vary in their level of response.

Engaging with the TOC is essential to minimise the level of action they will take. Ignore the letter and matters can escalate to a much higher level of financial penalty and other consequences.

Thank you for your response, in the paper given to me, it said i can upload my railcard which i dont have, i just wanted to know if i should contact them to let them know this or just wait for the letter as I don't know when it will come.

 

[notmyrealname]

As Titfield says, if you write to them before your case is allocated a reference number, it's likely they won't be able to match up the papers.

Best to wait and tell them later that you didn't have a railcard.

 

[WesternLancer]

Thanks so much for your response, the train operating company is Thameslink, and the paper the officer gave me has Govia on top of it.


Thank you for your response, in the paper given to me, it said i can upload my railcard which i dont have, i just wanted to know if i should contact them to let them know this or just wait for the letter as I don't know when it will come.

I think they will write to you asking you to provide evidence of having that Railcard on the date of travel - which from what you say you will not be able to do, so you will have to engage with apologising and asking them if they will look sympathetically at your case and not prosecute you for evading fares.

ref your questions:

1. Am I getting an Intent to Prosecute Letter or a Fare Penalty Notice?

It does not sound like you were issued with a Penalty Fare when you were stopped (but if you upload any paperwork you were given with personal details removed people can check it and clarify what it was). AFAIK they do not send Penalty Fare notices out later, so it's more likely to be a version of the former, but letter may start by asking for the Railcard proof you said you had.

2. Do I need to wait, or I can Just send a letter admitting and letting them know I'm willing to settle out of court even before I get any letter?

General advice is you need to wait (but this could depend on what the paperwork you were given says - hence my suggestion you upload it) - assume you gave a correct postal address and that you can be contacted there for the next 6 months at least. You need to watch out for hard copy post as the time to respond to it is short. No response will result in automatic escalation of the case which will create greater problems for you. When you get a letter from them post an anonymized copy of that here for people to advise you on how to respond.

4. Will I still be able to pay the Penalty fare?

Not unless you were issued with a Penalty Fare when stopped

4. Is the Penalty fare Amount the same as the out-of-court settlement fee?

No. A Penalty Fare is much cheaper as it is £50 if paid promptly. See post #3 for an idea about out of court settlement sums.

Be aware that if you buy tickets on line from any retailer they will be able to check your purchase history to see if you have bought tickets like this that you were not entitled to on pervious occasions. So unless this was the 1st time you have ever done this they will be looking into that too.

You mentioned that you were given some paperwork when you were stopped - it might help people check what that is for you if you can post a copy with all personal details and ref numbers blanked out.

 

[Hadders]

Welcome to the forum!

You're in a spot of bother here. It's probably sortable but it's going to cost you a bit of money and effort. The good news for you is your are dealing with Govia Thameslink Railway who are one of the more pragmatic train companies when it comes to dealing with ticketing irregularities.

I would send a short, concise letter to GTR explaining that you do not have a 16-17 Saver railcard. I would also mention:

- 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

GTR are usually prepared to offer out of court settlements to people whi haven't come to their attention before. Expect to pay anything up to £150 plus the fare avoided. An out of court settlement might appear to be a fine, but it isn't and you won't have a criminal record as a result of accepting one.

 

[Mcr Warrior]

@teebobby. Welcome to the forum. Was this genuinely a "one off" incident, or will inspection of your online ticket purchasing history (assuming you have one) show any previous occasions when you may have purchased (and then used) inappropriately discounted rail tickets?

 

[teebobby]

@teebobby. Welcome to the forum. Was this genuinely a "one off" incident, or will inspection of your online ticket purchasing history (assuming you have one) show any previous occasions when you may have purchased (and then used) inappropriately discounted rail tickets?

This is not a one time, done this few times

So Notice of intention to prosecute letter came today and I have drafted this, I would like to ask for advice if this draft is enough, anything to add or remove.

All advice is welcome.

Thank you

my draft:

On Saturday, Jan xx I made a journey from xy to xx using a ticket that was not valid for my journey. I would like to apologize for this behavior as I have no excuse for my actions.

I would appreciate it if it would be possible to settle the case without the need for court action and I am willing to pay the outstanding fare in addition to the administrative costs in dealing with this matter.

I appreciate the importance of adhering to Govia Thameslink’s rules and regulations when traveling and I have taken time to be aware of these rules and regulations to ensure this never happens again.

As a sign of this, I have ensured to use valid tickets for all my journeys. I am fully committed to cooperating and resolving the issue promptly

I look forward to hearing from you and resolving the matter promptly.

 

[30907]

This is not a one time, done this few times

Is this mentioned in their letter? If so, your reply should acknowledge it, if not you may still find that their admin fee reflects the results of their search of your history.

Your draft feels a little brief but covers the basics - far better than AI. You could perhaps mention the cost of fare evasion to the railway and thence to taxpayers (of whom you will in due time be one!)?

 

[MotCO]

Agree that the letter seems a little short, but it does cover the basics and shows an appropriate level of remorse. The only thing to add maybe is say how you "have ensured to use valid tickets for all my journeys", or maybe 'ensured' is the wrong word here. If you have a season ticket or appropriate railcard, say so (and make a reminder note on your phone when they expire).

 

[Brissle Girl]

Paragraphs 3 and 4 do feel AI generated, and as a result are rather clunky, and not written in particularly good English.

How about:-

I now understand how important it is to ensure I have the correct ticket for my journey, and will ensure I do so in future, having learnt a valuable lesson from this experience.

And then add something that covers @MotCO's point above.

Also, I would replace "I am willing" with "I would be very grateful for the opportunity", as it makes the big ask to avoid court clearer.