Rail Prosecution Letter

[dc11111]

I would really appreciate some guidance / advice with regard a situation I am in.

 

I was travelling on a Carnet ticket issued by my company and the inpsector suspected that the date had been amended. When I wrote the date on the ticket you couldn't see the date so I did rewrite over the date with a different Biro to make it clearer which in hindsight made it look worse! (I had previously used the old style Carnets which were never a problem as they were paper not the shiney tickets that are now issued - anyway I beleive this is irrelevant).

 

The date I travelled was the 26th and the 6 looked like it could have been changed from a 5. However on the 25th I was out of the country and can prove this, is there any benefit in trying to prove this as part of my defence. When interviewed I answered all the RPI questions but did not mention I was just back in the country so couldn't have previously used the ticket (I was in shock and worried about them contacting my company).

 

Will the Rail company notify my company that I am suspected of this offence as the ticket would have been purchased by them?

 

Also I have now received a letter from the prosecutions department saying that they are reviewing my case with a view to prosecution and I do not know how to respond. Also it does not state what they are thinking of charging me with. I genuinley had never used that ticket before but I don't know how to prove this. However I do recognise that the date written on the ticket was not clear and stated this in the interview.

 

I would be really grateful for some advice as this is really stressing me out and I am struggling to sleep at night! I am woirried how this incident could affect my job!

 

Any comments much appreciated!

[marmaris30]

If you have proof that you could not physically have travelled on the date they are alleging, this is certainly worth telling them. I suppose they might accuse you of having obtained the ticket from someone else but without evidence, that is just speculation as far as a court would be concerned, and certainly outweighed by your documentary evidence of an alibi.

[firstclassx]

I would really appreciate some guidance / advice with regard a situation I am in.

 

I was travelling on a Carnet ticket issued by my company and the inpsector suspected that the date had been amended. When I wrote the date on the ticket you couldn't see the date so I did rewrite over the date with a different Biro to make it clearer which in hindsight made it look worse! (I had previously used the old style Carnets which were never a problem as they were paper not the shiney tickets that are now issued - anyway I beleive this is irrelevant).

 

The date I travelled was the 26th and the 6 looked like it could have been changed from a 5. However on the 25th I was out of the country and can prove this, is there any benefit in trying to prove this as part of my defence. When interviewed I answered all the RPI questions but did not mention I was just back in the country so couldn't have previously used the ticket (I was in shock and worried about them contacting my company).

 

Will the Rail company notify my company that I am suspected of this offence as the ticket would have been purchased by them?

 

Also I have now received a letter from the prosecutions department saying that they are reviewing my case with a view to prosecution and I do not know how to respond. Also it does not state what they are thinking of charging me with. I genuinley had never used that ticket before but I don't know how to prove this. However I do recognise that the date written on the ticket was not clear and stated this in the interview.

 

I would be really grateful for some advice as this is really stressing me out and I am struggling to sleep at night! I am woirried how this incident could affect my job!

 

Any comments much appreciated!

 

The "smooth" RSP9599 ticket stock used for carnet tickets has been broadly the same since around 2006-07. It will not help your case in mentioning this fact.

 

I am also taking an educated punt that this is First Capital Connect. That's bad news...

 

You've put yourself in a bit of pickle by admitting you have re-written the date, presumably you admitted this at the time, under caution.

 

Whilst being out of the country doesn't change the fact you used an altered ticket, (again, regardless of any intent), it could offer some mitigation, if it were to go to court. You would have to demonstrate clearly that it was IMPOSSIBLE for you to have been in the UK on that date entirely. You would also have to ensure they can't claim the carnet tickets were used by somebody else.

 

It is worth remembering that every time you put a ticket through an automatic ticket gate, it is recorded to a remote server. They can check whether that specific ticket has ever been used through an ATG.

 

Whilst I doubt your employer will be told by FCC, if you are convicted, you may be obliged to declare this.

 

The offence will be one of the following:

 

Entering a train for the purpose of travel on the railway without holding a valid ticket entitling travel, contrary to Byelaw 18.1 of the Railway Byelaws, created by Section 219 of the Transport Act 2000 by the Strategic Rail Authority (the “Authority”) and confirmed under Schedule 20 of the Transport Act 2000.

 

Intentionally altering a ticket in a manner that an Operator would be defrauded or prejudiced, contrary to Byelaw 20.1 of the Railway Byelaws, created by Section 219 of the Transport Act 2000 by the Strategic Rail Authority (the “Authority”) and confirmed under Schedule 20 of the Transport Act 2000.

 

Travelling upon a railway without having previously paid his fare, and with intent to avoid payment thereof, contrary to Section 5(3a) Regulation of Railways Act 1889.

 

Regardless of any morality issues, if you send them an apology letter with £200 or so as a "settlement fee" FCC usually won't prosecute you and the case will be closed. If you believe you are innocent then tell them why, but be prepared to go to court - but don't pay any "settlement" if you believe you are innocent.

[dc11111]

Thanks for both of your comments.

 

I have not been accused of using the ticket on another date specifically was just summising after looking at the ticket with the RPI.

 

The operator involved is Greater Anglia (think the previous company used paper Carnet's), does this change the stance or how they are likely to act?

 

I do not want this to go to court and would be willing to pay a fine to make this go away, however if any offer of settlement is declined assume this is an admission of guilt and I will be found guilty in court?

[firstclassx]

Thanks for both of your comments.

 

I have not been accused of using the ticket on another date specifically was just summising after looking at the ticket with the RPI.

 

The operator involved is Greater Anglia (think the previous company used paper Carnet's), does this change the stance or how they are likely to act?

 

I do not want this to go to court and would be willing to pay a fine to make this go away, however if any offer of settlement is declined assume this is an admission of guilt and I will be found guilty in court?

 

If you are wanting to pay to make it go away, then just send them a cheque for £100-£200 with a simple apology letter and explaining it won't happen again. Don't put in any snide comments or protest etc. Tell them the cheque is to cover their administrative costs.

 

They don't have to accept, but if you appear sincere, they usually will. If you've been caught by them before for whatever reason, it makes it difficult.

 

I've never seen a Greater Anglia carnet ticket sorry!

 

If you aren't guilty of anything, you shouldn't pay anything.