Fare prosecution, how to respond to letter? - ** SETTLED BEFORE COURT **

[Pearce1992]

Hi,

 

I have just received my prosecution letter from London Midland which reads,

 

"On the 9th May 2012 a person giving the above name and address was questioned by a member of rail staff with regard to an alleged incident on London Midland Railway. This matte has been previously authorised fr prosecution.

 

Before I proceed further, I invite you to respnd completely in full the bottom section of this letter, making any comments about the incident on the reverse, and send it to the above address within seven days.

 

Failure to respond will lead to the matter being progressed without further notification"

 

What happened is as follows. I was on my way to the University of Birmingham station from Five Ways to sit an exam. Pushed for time I only had enough in change for a child fare and so purchased one to save time. As I went through the barriers the guard asked to see my ticket and seeing it was the wrong fare commenced to prosecute me. At the time I probably didn't act accordingly because of the shock of the situation and the stress of failing to get to my exam ontime. Therefore I wasn't really taking in what he was saying and asking as I was overcome with panic. I just gave him my details and paid for a adult fare with my debit card and managed to get to my exam in time.

 

I never purchase a child fare in order to avoid paying the higher fee, apart from this exception and have used the same journey pretty much everyday for my first year at univeristy. Even in this instane it was just for convenience and not to fare dodge, but obviously the guard didn't buy that. In this situation I can clearly see that I was in the wrong, although I do feel a prosecution is slighlty harsh. Just wondering how to respond to the letter? Should I write this collection of events on the letter and offer to pay any fees to prevent it going further?

 

Any help is thoroughly appreciated.

[Old-CodJA]

In this situation I can clearly see that I was in the wrong, although I do feel a prosecution is slighlty harsh. Just wondering how to respond to the letter? Should I write this collection of events on the letter and offer to pay any fees to prevent it going further?

.

 

That seems a sensible idea. Write an apology to the TOC and ask if you can be allowed to pay their reasonably incurred costs in order to dispose of this without Court action.

 

They do not have to agree, but it is always worth a try in these circumstances.

[Pearce1992]

That seems a sensible idea. Write an apology to the TOC and ask if you can be allowed to pay their reasonably incurred costs in order to dispose of this without Court action.

 

They do not have to agree, but it is always worth a try in these circumstances.

 

How is this as a response?

 

To whom it may concern,

 

 

Firstly I’d like to apologise for my actions that have resulted in this prosecution. On the the morning of the 9th May I was to sit an exam at the University of Birmingham and had to travel from Five Ways in order to do so. Pushed for time I only had enough in change for the incorrect fare. Along with the stress of the exam, my mindset was elsewhere and I made the resulting mistake. I did have my debit card and should have used it to pay for the correct fare, but didn't in order to save time and get to my exam on time. I understand this is inexcusable and genuinely feel bad and upset at myself for what I let happen. Once again I'd like to apologise to the rail staff that this has affected, and to London Midland who have provided me with excellent service throughout my first year at university. I can assure you I will not let this happen again and would like to offer to pay any reasonably incurred costs to dispose of this.

 

 

Yours faithfully,

 

 

pearce1992

[Old-CodJA]

That seems fine to me

[honeybee13]

Hello there.

 

I'm no rail expert, but I wonder if it would be better to address the letter to the person who wrote to you rather than 'To whom it may concern'. But that may be your way of not quoting the name, in which case I apologise.

 

My best, HB

[Pearce1992]

Hello there.

 

I'm no rail expert, but I wonder if it would be better to address the letter to the person who wrote to you rather than 'To whom it may concern'. But that may be your way of not quoting the name, in which case I apologise.

 

My best, HB

 

The letter was signed with a signature on behalf of the prosecutions manager, no name was given, so I think the way I addressed is correct?

[honeybee13]

Hello there.

 

I can see if there is no name you have a problem, sorry for my assumption. Personally I would say Dear Sirs and sign it Yours faithfully as you have, but it's up to you. You've put their reference on it I imagine, so it should get to the right person.

 

HB

[Pearce1992]

Just a quick update guys. I sent off the letter and today received the TOCs response. The letter started off by warning of the consequences of fare evasion, but then went on to offer me a fee of the outstanding fare plus costs incurred to date, which I am to pay within 21 days. Legal action will proceed if the fee is not paid.

 

Just want to say thanks for the help guys, I got off lightly here but now realise the seriousness of the offence. I'll be making sure i'm not stupid enough to do this again.

[honeybee13]

Hello again. Thank you for letting us know, I'm pleased for you and will alter your thread title. Out of interest, did you find a name to write to or did you use the reference please?

 

As you say, take care in the future.

 

My best, HB

[Pearce1992]

Hello again. Thank you for letting us know, I'm pleased for you and will alter your thread title. Out of interest, did you find a name to write to or did you use the reference please?

 

As you say, take care in the future.

 

My best, HB

 

Hi,

 

I used the reference, I also altered the letter I sent too by taking out any excuses and just accepted that it was my fault. I think they appreciate it if you realise your mistakes and are genuine. On the letter I received today a name was given.

[honeybee13]

Hi,

 

I used the reference, I also altered the letter I sent too by taking out any excuses and just accepted that it was my fault. I think they appreciate it if you realise your mistakes and are genuine. On the letter I received today a name was given.

 

I think that was the right thing to be honest and contrite. It's certainly what the guys here recommend, because the TOCs have heard it all before. I'm glad it worked for you.

 

HB

[Dmp80]

You are very lucky, i also sent a letter in with my case and put my hands up and said it was genuine mistake but they are having none of it. Im glad it worked out for you though.

[Old-CodJA]

I also altered the letter I sent too by taking out any excuses and just accepted that it was my fault. I think they appreciate it if you realise your mistakes and are genuine.

 

 

It is refreshing to see that comment.

 

Reading perhaps 50 cases a day, I sometimes wonder how many of the writers think that they are giving a unique reason for the matter in hand. I once said if I genuinely heard a new excuse I would let them off!

 

Sometimes, there are valid reasons for ending up wrong side of a rule, but in my experience these cases are always dealt with compassionately and no action ensues, but when someone gets it wrong and has the decency to admit it, it restores faith in human nature.

 

Well done and thanks for letting us know.