Accused of altering my ticket - how can I resolve this?

[matt_72]

I have received a letter from First Capital Connect saying that they intend to take me to court for travelling without a valid ticket AND allegedly altering my ticket with intent.

 

My ticket was in very poor condition and approaching its expiry date (so I thought!). The magnetic stripe no longer worked and the print on the front had become smudged and worn out. Glancing at it in my travel wallet I genuinely thought that the expiry date was the 18 March - however FCC staff urged me to look more closely and said they believed that it expire on 10 March.

 

I explained that this was an honest mistake on my part and that I would pay any fare required for my journey that day. However, this offer was not accepted and I was asked to give a statement and told I might receive a letter at a later date.

 

I now plan to write back to FCC to reject the allegations and explain that the age and condition of the ticket meant that I made a reasonable and honest mistake.

 

However, is this going to be enough to avoid a court case? Should I repeat my offer to pay a fine out of court or hold off?

 

Is it worth contacting them by phone at this stage to try and come to a settlement?

 

Any help or advice gratefully received!

[rebel11]

Hi matt_72

 

Welcome to CAG

 

We've got industry experts on this site who will advise as soon as they are available. Try not to worry.

 

Did you use a pen to trace over the date on the card? I'm trying to figure out why they say 'altered'.

 

'I have received a letter from First Capital Connect saying that they intend to take me to court for travelling without a valid ticket AND allegedly altering my ticket with intent'.

[matt_72]

Hi rebel11

 

Thanks for responding so quickly.

 

As I say the date on the ticket had been almost entirely worn away, along with much of the other text. So yes, I traced over it in pencil. In hindsight probably not a very clever thing to do without double checking the date, and presumably the basis of the allegation.

 

Should I mention this explicitly in my written response?

[rebel11]

Hi matt_72

 

Wait for some advice from the industry experts, they can advise from their experience and best way to deal with your situation.

 

Hi rebel11

 

Thanks for responding so quickly.

 

As I say the date on the ticket had been almost entirely worn away, along with much of the other text. So yes, I traced over it in pencil. In hindsight probably not a very clever thing to do without double checking the date, and presumably the basis of the allegation.

 

Should I mention this explicitly in my written response?

[Old-CodJA]

I have received a letter from First Capital Connect saying that they intend to take me to court for travelling without a valid ticket AND allegedly altering my ticket with intent.

 

My ticket was in very poor condition and approaching its expiry date (so I thought!). The magnetic stripe no longer worked and the print on the front had become smudged and worn out. Glancing at it in my travel wallet I genuinely thought that the expiry date was the 18 March - however FCC staff urged me to look more closely and said they believed that it expire on 10 March.

 

I explained that this was an honest mistake on my part and that I would pay any fare required for my journey that day. However, this offer was not accepted and I was asked to give a statement and told I might receive a letter at a later date.

 

I now plan to write back to FCC to reject the allegations and explain that the age and condition of the ticket meant that I made a reasonable and honest mistake.

 

However, is this going to be enough to avoid a court case? Should I repeat my offer to pay a fine out of court or hold off?

 

Is it worth contacting them by phone at this stage to try and come to a settlement?

 

Any help or advice gratefully received!

 

 

 

 

The best course of action is to wait until you receive a letter from the TOC and then reply truthfully in writing. It is necessary to wait until they write to you for a number of reasons, not least because it is an albeit remote chance that the RPI has lost the notes and no report will then be made.

 

 

More seriously, once you get the letter from the TOC you will have the unique reference number allocated to your case and can ensure that your reply goes to the right place.

 

 

There will be other information on the front of the ticket that will confirm the date of expiry too.

[matt_72]

Thanks Old-CodJA.

 

To be clear, I have already received a letter which is a 'notice of intention to prosecute'.

 

My query is really how much information I should include in response - and whether I should try and reach a settlement with them now, or wait until they take the matter further.

 

Thanks again.

[Old-CodJA]

Thanks Old-CodJA.

 

To be clear, I have already received a letter which is a 'notice of intention to prosecute'.

 

My query is really how much information I should include in response - and whether I should try and reach a settlement with them now, or wait until they take the matter further.

 

Thanks again.

 

 

If your ticket bears evidence that the expiry date has been written over, or altered by you and that the rewritten date appears to extend its' provable validity, you have very little chance of avoiding a conviction if this proceeds to Court in my view.

 

 

You may be best advised to write apologising for the inconvenience caused to the rail company and the staff involved, sticking only to the facts as perceived by you and ask if the company will consider allowing the matter to be disposed of without Court action by accepting the unpaid fare/s and any reasonable costs incurred by the TOC

 

 

They are not obliged to agree, but you lose nothing by asking.