Caught with husbands railcard

[emr1]

I went to London today and used my husbands railcard, I thought that it wasn't a problem as it was a paid ticket. When the ticket inspector came around he asked for the photo card, I immediately said that it belonged to my husband. I offered to buy a ticket, but couldn't find my money in time as we were pulling into my stop. The ticket man said he was confiscating the ticket and asked for my name, which I wrote down for him, he told me to leave the train at the next stop, which I was going to do anyway. My husband does not know I used his card, obviously I will tell him. The ticket man said that the matter would be sent to the revenue department, I asked to pay a fine but he said that they didn't do fines.

 

What will happen next and what should I do, I went to London to deal with an outstanding medical issue, I never go otherwise and I have never used his card before, I have no previous convictions. I am a stay at home mum. I am a bit scared, I don't expect any sympathy I didnt intend to break the law, but with research I can see that I did. I didn't give my address, will they just get that from my husbands records. I could have given a false name but I didn't want to.

 

Can I offer an amount to settle out of court, as I don't want a criminal conviction as it might affect my ability to get a new visa to live abroad.

 

I am grateful for any advice.

[Old-CodJA]

I didn't give my address, will they just get that from my husbands records. I could have given a false name but I didn't want to.

 

Can I offer an amount to settle out of court, as I don't want a criminal conviction as it might affect my ability to get a new visa to live abroad.

 

I'm a little intrigued as to why the inspector did not ask you to write down your address. Did he ask you to show any ID ?

 

Obviously, he may assume that you and your husband live at the same address and the season ticket record should confirm the address for his report.

You did the right thing in not giving a false name of course, that could have made things much more serious.

 

There is clear case precedent in the case of Browning & Floyd (1946)

 

The best course of action that I can suggest is to wait until you receive a verification letter from the TOC and then you will have the relevant case reference allocated to this report. Whilst I cannot condone the action of attempting to avoid payment of a fare by this or any other method, you have asked how this might be mitigated. When you get the letter write back promptly with an apology

 

The main points of your letter should be as follows:

 

i) Offer an unreserved apology to the company and staff concerned,

 

ii) Stress that this was an out of character action for which you are genuinely sorry and that your husband was unaware that you had taken his ticket

 

iii) Explain that if you are prosecuted and convicted this will have a wholly disproportionate effect on your future employment etc.

 

iv) Offer to pay any unpaid fare/s and all of the reasonable costs incurred by the company in dealing with this matter , all of which you recognise arise as a result of your actions

 

v) Give a written undertaking not to travel without a valid ticket on any journey in future.

 

The company are not obliged to accept your offer, but will give your letter consideration.

 

The prosecution costs applied for in any successful prosecution are normally in the region of £120 - £150 plus any unpaid fares so you might consider making an offer based on that knowledge. If they agree this will need to be paid in full immediately.

 

 

 

 

 

 

Edited April 17, 2012 by Old-CodJA

[SRPO]

Sounds like a conductor rather than an inspector, they will probably call you both in for an interview.

If you can show that it was just an innocent mistake you may be ok.

[Old-CodJA]

If you can show that it was just an innocent mistake you may be ok.

 

Now I'm not poo-pooing the idea, it's worth a try, but I think it worth remembering that suggesting an 'innocent' mistake was made is always hard to justify if the traveller has taken only the ticket and not the photocard too.

 

If it were a wholly innocent misunderstanding, why do that?

 

Anyone conducting a PACE interview will undoubtedly have that question in mind.

[emr1]

Now I'm not poo-pooing the idea, it's worth a try, but I think it worth remembering that suggesting an 'innocent' mistake was made is always hard to justify if the traveller has taken only the ticket and not the photocard too.

 

If it were a wholly innocent misunderstanding, why do that?

 

Anyone conducting a PACE interview will undoubtedly have that question in mind.

Hi and thanks everyone for the responses. I Idid show them my husbands photo card, it was behind his oyster card, which I had put money on via pay as you go earlier, that is why it was not at the front. . I think that from what everyone has said, and the fact that it is strict liability, I am probably guilty The fact is I did intend to use his card, the fact I didn't think it was an offence is seemingly irrelevant. He did not ask me for any ID, but he did ask me if I had a photo card myself, which I said I did have one at home. This is true although I doubt I could find it.

 

My husband buys a monthly ticket, this one had a week to run. He actually thought he had lost it because I took that and his phone, without seeing him. he went and got a new photo card and a new ticket. We are moving anyway so he won't be using Southern much longer.

 

I don't think the ticket man was impressed that I couldn't get to my money to pay quickly, it actually transpired that I had my purse stolen whilst I was in london, Karma I suppose. I was very respectful to him, as I had been to London for a pre-op appointment and I was extremely upset anyway, so that sort of kept it in perspective at the time, although I was a bit taken aback that he yelled 'fraudster' at me from over his shoulder down the train. Too bad I guess.

 

I think that if interviewed I will just have to be totally honest and take the consequences.

 

I am wondering however, when I write to them to ask to settle out of court, should I tell them the whole story, of why I was in London, , my state of mind etc. no doubt they have heard it many a time?

 

My main concern obviously is avoiding conviction because it may hinder my visa application, I am frightened that they may be able to live in a country with my husband and I won't be able to go.

 

I was thinking of offering £300 to settle, is that a reasonable figure?

 

I am also worried that I have got my husband into trouble, he didn't know, but they only have my word for it. The only reason he didn't know was because I left in a rush and didn't see him, had I seen him he may have warned me of potential consequences.

 

How long will I have to wait to hear anything? I would rather get on with it now.

 

Sorry this is a bit incoherent , I have tried to have a positive day with the kids, but my mind is all over the place.

 

Thanks again

[Old-CodJA]

Given that you have said you did not give your address, you should do nothing until you receive a letter from the TOC.

 

Why remind them that they need to charge you if their inspector has not collected all the information?

 

How long this takes is dependent on how busy the processing office is, but typically it can be 3 to 6 weeks before a letter arrives

 

You say that your your husband 'actually thought he had lost it because I took that and his phone, without seeing him. he went and got a new photo card and a new ticket.'

 

Did he report the ticket lost or stolen?

[emr1]

Given that you have said you did not give your address, you should do nothing until you receive a letter from the TOC.

 

Why remind them that they need to charge you if their inspector has not collected all the information?

 

How long this takes is dependent on how busy the processing office is, but typically it can be 3 to 6 weeks before a letter arrives

 

You say that your your husband 'actually thought he had lost it because I took that and his phone, without seeing him. he went and got a new photo card and a new ticket.'

 

Did he report the ticket lost or stolen?

 

Thanks again for your response, he reported it lost, but he didn't get a replacement he bought a whole new ticket on a whole new photo card, apparently you have to when there is less than a week to run - it was only a weekly or monthly ticket anyway that is why I thought I could use it as it wasn't a season ticket. We have absolutely no intention of trying to say the ticket was lost.