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

Hi

My friends daughter was in a very similar situation just 2 weeks ago. I’m a solicitor so helped her draft a letter and a positive outcome was received this week confirming no prosecution.

Just explain the situation, offer to pay the fine/difference in ticket and explain it won’t set precedent for future fines ☺️

Can’t hurt!

If he's 16 with a disability wouldn't it be parental responsibility to make sure important things are kept up to date?

He’s at uni, so at least 18, not 16

And no, not parental responsibility

Buying it on the spot is not a mitigating factor. Everyone would do that if they got caught, wouldn't they?
I think he will get a fine. The punishment for the prosecution is a fine. But I don't know how much.

I would be inclined to take legal advice (there are firms specialising in this..). He otherwise could end up with a criminal record..

Your son hasn't actually stated in the email that he had a railcard but he hadn't noticed that it had expired. That is the crucial point. If you don't include that fact, it doesn't make sense.

Oh I bet she was so relieved!! I just feel sick 😨

Someone previously asked why he gave his correct details - because he just would. It wouldn't enter his mind to lie (I see the irony of this re the current situation)

I have always taught my kids to just try and be honest - we can deal with whatever as long as they tell me the truth.

Sadly it hasn't always worked! But generally does

It's a private prosecution by the railway company, not a criminal one brought by the CPS, so wouldn't show up on your record.

It's a process designed to get the desired result, payment of a fine and avoidance of repeated offending, put others off.

Its what is called a Single Justice Procedure, by in large these are not recorded and don't show up on your record, CRB etc..

Really, don't feel sick, it's OK

Its a Single Justice Procedure prosecution brought by the railway company, just pay the allotted fine and that's it.

They don't get recorded on the Police National Computer and don't show up on criminal record checks.

Think of it like a speeding ticket, but with less consequences, as that does count as points.

Its a slapped wrist for failing to comply, no big thing.

I would add a line noting that the railcard had expired two weeks earlier.

It makes it clearer simple oversight if it was only a matter of a couple of weeks, versus for example him travelling on a railcard that was a year out of date

Why bother writing, he was caught bang to rights without a valid railcard, pay the fine, get on with your life.

@Citrusandginger

It doesn't help your son OP but I don't understand why railcard don't email you when your card is about to expire like every other company that wants your money does!

They do, if they have your email address that is.

What fine has he been asked to pay?

It is reasonable of them to sell him a new railcard. Once he’s bought that the ticket is now valid. What he’s being prosecuted for is the bit where he attempted to travel with an invalid ticket even though it wasn’t intentional. The other option would be to charge the difference between what he paid and the full price ticket.

He will be asked to pay a fine, that's how SJP works, he will get a form, plead guilty or not guilty, if he pleads guilty he gets a fine, that's it.

So he would've been given the option to pay the full ticket price?

I think I'm just confused about what options and information he was given on the train, because he chose one option that didn't really help the situation (although I guess he might have been thinking about the return trip if he'd booked that already).

Either way, set out the details clearly - he had a railcard, he had thought it would be valid when booking the tickets but didn't realise it had expired so had fully intended to travel under a valid railcard, explain what he was told on the train, then see what your options are.

There isn't a fine at the moment.

I suspect what happened is that the inspector did what has worked for customers in the past to avoid fines/prosecution ie he noted both the incorrect action (boarding without valid railcard) and the remedy (buying new railcard).

But for whatever reason, the train company itself is being stricter on such circumstances and has hence issued this letter.

Pay what fine - he wasn't issued one. If he was he would have paid it. They have gone straight to Intended Prosecution.

He had bought a ticket, he wasnt trying to evade paying, just forgot to renew the railcard

It does show on your record. Its a criminal conviction...that;s why its important to get some advice. There are some may instances of this sort of thing ruining people's plans because of the criminal element to it....(its all unfair)

They are making a lot of money is probably why.

Giving people a criminal record for travelling on a slightly out of date railcard is a ridiculous over reaction. Paying the difference + penalty fare for a first offence seems far more reasonable.

Totally agree!

@Rosebud987 - I am confused with some replies, is it a criminal conviction / will it show on his record? Thank you

It's ridiculous.

Using an out of date Railcard makes you a criminal but charging £400 to travel from Manchester to London is just dandy, apparently. Fuckers.