Son caught without renewed railcard

[TFW221]

Hi all, we had a letter a couple of weeks ago but son has been at Uni and only just opened it as he is at home this weekend.

Notice of intended prosecution. He was caught in July with no up to date railcard - it had expired 2 weeks earlier and hadn't realised. He bought another one there and then in front of the inspector and was told it would all be passed on to the appropriate people.

So we sent an email today apologising for the late response and attaching a picture of his railcard. We just sent one quickly as today was the date they needed to hear back from him.

I am thinking we should send a follow up one as the letter asks for any mitigating circumstances. He has ADHD and though he tries hard to be organised - he is forgetful/ loses things and he was in the middle of getting himself sorted for Uni and this just slipped through the net. He is furious with himself for being so stupid.

Any advice of whether he should send a follow up email would be appreciated, and how to word things. I haven't been in this situation before so not sure how to go about it.

Thank you for reading

There's been a lot in the news about this recently so a google may help you assess whether it's worth appealing.

How much is the fine?

Similar situation with my son last year. Son must reply to email and apologise unreservedly,explain ADHD and pay the fine. Anything to avoid prosecution.

No fine has been put in the letter, just the Notice of Intended Prosecution

Are the courts so free of workload that they prosecute people for not having railcards? What a waste. An on the spot fine and sorted.

We only emailed them proof of his new railcard, but the letter said to email old ones too.

Should he do this or will this only confirm that his old one had run out and he definitely was travelling without an up to date one?

Though I suppose they have it all on file anyway...

I don't know if you can appeal on basis he bought a card on the spot. Worth asking about now if you can find a way.

I wouldn't suggest you appeal after a fine has been levied, the fine escalates to too much. Try now to appeal for mitigation that he bought the card there and then when he realised the mistake.

it's only a mistake. A fine is the usual penalty. Not worth being furious at self about.

Big furore about this at the moment, and the huge number of private prosecutions that railway companies have been bringing - as a PP says, worth looking at current news.

And what if people don't have the means to pay it on the spot? This also puts rail staff at risk of violence.
It's an offence at the end of the day. It needs to have consequences. Fare evasion is a criminal offence.

OP needs to send in the mitigating circumstances first sure as it may help. ADHD makes it so hard to manage life admin. Reminders, calendars, journals etc all help.

Good luck OP.

Thanks all, I really appreciate your replies. Am googling about the situations too, didnt know it was a current news thing.

So he has written the following draft

Dear Mr X

Following on from my email, I wish to explain that I am very sorry for the situation.

I have ADHD and this results in me often not being as organised as I would like to be and forgetting things. In June/July I was getting my life sorted to move up to Manchester as I was starting a course there in September. With my ADHD I had a list of things to do and was working through this, including trying to get a job up there, visiting the place to help with not feeling overwhelmed with it all and getting accommodation sorted.

The railcard situation was a genuine oversight and I am really sorry for this. As your inspector saw - I bought one there and then and thought this sorted out the situation.

Again, I apologise for this situation.

Yours sincerely

Does this sound ok?

So many people 'forget' to renew the card or 'forget' to buy a ticket (or didn't have change, were going to pay at the other end), if they were all let off, if they have an excuse (and buy the ticket) no one would buy a ticket until they were caught. Some people are genuine, but so many routinely don't pay until they are caught it's impossible to know who really did just forget this once. Apologise and pay the fine.

@twomanyfrogsinabox what fine?

My understanding is that the 'ongoing' cases in the news relate to Young People using their cards for tickets and travelling before the 9.30/10.00 am cut off when tickets aren't for the minimum £12 fare. Other railcards don't have those restrictions (except for commuter trains in the SEast).
That is an entirely different situation to the one OPs DS finds himself in.

Ridiculous waste of public resources to prosecute for this. A fine would be a much more proportionate response.

I'd say that letter is perfect op.

If you haven't sent it yet, could you also add you thought it was sorted also because no fine was issued?

I would send the old rail card or at least screen shot of it with your email - shows he did have one that had expired very recently.

I think the letter is good OP.

Sadly it's a criminal offence.

Thanks @ssd

Good points @chocorabbit and @Tulips543 he can add those things

If I'm being honest if an 18 year old sent me that email I'd think it was a bit of an excuse to be honest and a load of ....

Can he attach proof of his ADHD too x

It is there a professional he works either who could explain this is typical of a challenge he faces due to his ADHD

What is your view then as "mitigating circumstances" as the letter we had asks if there are any? Helpful advice welcome!

But he did have a recently exprired railcard with him so it is believable that he had forgotten. Thank God I don't use a railcard because I tend to forget a lot and my calendar is full of reminders.

@Blanketyre yes, massive lesson learned for him that's for sure

@thismummydrinksgin that is a good thought, the Uni seem helpful for people with ADHD.