Caught on Train with Manufactured Ticket

[bizzle50]

Hi Guys,

 

I made a HUGE mistake in thinking I could get away with a manufactured ticket as I have been facing money problems.

 

 

I always buy a weekly train pass when I have meetings at Warwick

but decided not to on this occassion and simply manufctured my own (such a stupid idea).

 

 

I was travelling from Leamington to Wolverhampton (£18 fare at best)

 

I got caught and after asking the train guy to fine me on the spot he decided to take my details and send off to the rails company.

 

I am so stressed as I am already being made redundant from work and now I face the possibility of going to caught for Fraud!

 

Has anyone faced a case like this and what was the outcome?

 

 

I have never committed any crime before and I regret this offence 100%

although I know that this isn't going to change what I have done.

 

I havent yet received anything but after reading a few stories I am absolutley bricking it!

 

Any help or advice would be great!

[rebel11]

Hi bizzle

 

Welcome to CAG

 

First thing is stop panicking, calm down. You will need to wait for the letter to give them your version of events.

 

Is this the first time you've manufactured a ticket? If so it isn't great, but might not be as bad as you think.

 

When you write back you can state mitigating circumstances, i.e. financial pressure -due to being made redundant etc.

 

You have proof that previous travel has adhered to rail regulations, that will be a plus, bank statements etc. Once you get the letter update the thread so we can advise further.

 

In the meantime keep calm.

[bizzle50]

Hi Rebel,

 

Yes this is the first time I have ever done this..Biggest mistake ever!

 

 

I even have proof of purchase of my previous 4 or 5 tickets from when i have needed to get the train.

 

 

It was such a stupid thing to do and now I am stressing about a letter that will most likely be a court summon!

 

 

I know this could even result in a criminal record and that really will ruin my career in projects as I was hoping to find a job working in the banking..

 

Have you experience many people with this case before and what can i expect to happen?

[rebel11]

Stop stressing, they will more then likely ask you to tell them what happened in the letter, so they can take into consideration what you say. So I don't think they will be sending a court summons next.

 

Stop thinking the worst. There is a case, type in 'manufacture' in search.

 

Hi Rebel,

 

Yes this is the first time I have ever done this..Biggest mistake ever! I even have proof of purchase of my previous 4 or 5 tickets from when i have needed to get the train. It was such a stupid thing to do and now I am stressing about a letter that will most likely be a court summon! I know this could even result in a criminal record and that really will ruin my career in projects as I was hoping to find a job working in the banking..

 

Have you experience many people with this case before and what can i expect to happen?

[rebel11]

They are 'unique', just like your case.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?429605-Caught-with-a-manufactured-ticket.&highlight=manufacture+trains

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?338989-Caught-on-train-with-own-manufactured-train-ticket&highlight=manufacture+trains

 

There are others.

[firstclassx]

If you've been stopped by an operator who is part of the Arriva Group (Chiltern, CrossCountry or Arriva Trains Wales), they will likely prosecute, as for some offences, like this, prosecution is almost inevitable unless there are exceptional circumstances.

 

If you travelled with one of the above TOCs, they will refer you to their prosecutor, Transport Investigations Limited who will write to you and ask for your signed version of events. It is important to be honest, and this document may be produced in court later.

 

If you've been stopped by London Midland, they will liaise with you directly.

 

All operators have 6 months to deal with the offence, so this isn't normally a quick process, and may be a few months before you hear anything, but you should NOT contact them first.

 

You have committed a variety of offences, but the most likely summons will be for:

 

Regulation of Railways Act 1889 Section 5

 

3 - If any person:

 

(a)Travels or attempts to travel on a railway without having previously paid his fare, and with intent to avoid payment thereof;

 

he shall be liable on summary conviction to a fine not exceeding (£1000), or, in the case of a second or subsequent offence, either to a fine not exceeding (£1000) or in the discretion of the court to imprisonment for a term not exceeding 3 months.

 

If convicted, this does result in a criminal record for a crime of dishonesty.

 

From the prosecutor's point of view, prosecuting you should be the starting point, and only if you have some seriously good mitigation, backed with evidence, should other action be considered.

[bizzle50]

I have received the dreaded letter from the Transport Investigations Ltd asking for the opportunity to mitigate any circumstances.

 

 

Please HELP!!!!

 

 

I have been offered a new job and cannot afford to go to jail let alone receive any criminal records!

[Bandit127]

Read through the posts Rebel11 linked, especially the second one.

 

You are likely to get a criminal record. According to those threads though, you will not go to prison.

[honeybee13]

Hello again.

 

Can you tell us either what the letter says, minus personal information, or at least tell us which offence they're talking about please.

 

Are they asking for your version of events when you write?

 

And what are the mitigating circumstances that led you to manufacture a ticket?

 

If you can answer the questions, we can set about advising you. I would put prison to the back of your mind, it's rare with rail offences. Let's concentrate on getting a letter written.

 

HB

[bizzle50]

ok,

 

 

the letter outlines that I was caught without a valid ticket travelling between Leamington and Bham.

 

 

They have said that this letter gives me the opportunity to provide any mitigation that I wish to be considered. It must be signed and sent within 21 days.

 

 

It goes on to suggest that there is sufficient evidence to warranty a prosecution in accordance with current legistaion and they are currently considering whether to issue a summons for including to a magistrates court based on Rail Bylaws (2005) or Regulation of Rails Act (1989).

 

 

I need to wirte the letter ASAP to outline I was under stress having lost my job but having recently been offered a new role. they are doing background checks!

 

 

I would be happy to pay a fine but I really cannot afford to go to Court.

 

 

HELP!!

[honeybee13]

OK, so your mitigation is that you had financial problems and were worried about being jobless? Are there any other reasons that led you to manufacture this ticket? Don't make them up though, you could be caught out.

 

As has been said before, you could mention that it's the only time you did this [i think you said that's the case] and provide proof that you paid for tickets in the past.

 

The new job isn't mitigation, but you could appeal to TIL because of the effect a criminal record would have on your career.

 

You need to show remorse and say that you will never do anything like this again. Again be honest and sincere.

 

Say because of the disproportionate effect on your career that you would be grateful if they would allow you to reach an administrative settlement with them to cover the unpaid fare and their admin costs.

 

The guys will probably come up with more, or possibly the links will, but hopefully that's a start. Be honest and use your own words. If they think you've copied this from the internet, it won't go down well.

 

Once you've sent the letter, then you need to try to negotiate with TIL on the phone.

 

Maybe wait for some more comments and then if you want, you can post up what you plan to send so we can review it?

 

HB

[bizzle50]

OK, so your mitigation is that you had financial problems and were worried about being jobless? Are there any other reasons that led you to manufacture this ticket? Don't make them up though, you could be caught out.

 

As has been said before, you could mention that it's the only time you did this [i think you said that's the case] and provide proof that you paid for tickets in the past.

 

The new job isn't mitigation, but you could appeal to TIL because of the effect a criminal record would have on your career.

 

You need to show remorse and say that you will never do anything like this again. Again be honest and sincere.

 

Say because of the disproportionate effect on your career that you would be grateful if they would allow you to reach an administrative settlement with them to cover the unpaid fare and their admin costs.

 

The guys will probably come up with more, or possibly the links will, but hopefully that's a start. Be honest and use your own words. If they think you've copied this from the internet, it won't go down well.

 

Once you've sent the letter, then you need to try to negotiate with TIL on the phone.

 

Maybe wait for some more comments and then if you want, you can post up what you plan to send so we can review it?

 

HB

 

I will see what replies and get and post my letter of response this evening. To be honest it was based on the fact i had been told my contract was being terminated and i was struggling with money already. It is my first ever offence and i really want to settle out of court.

 

I will draft a letter without guidance from the net and post later tonight as I plan to send it tomorrow morning

[honeybee13]

How long do you have to reply? It would be better to cover all the relevant details and hone the letter as much as possible if you have time.

 

HB

[bizzle50]

here is my draft letter, let me know your thoughts:

 

 

Dear Sir/Madam,

TIL Reference: TI:xxxx

I am writing in regards to the letter that I received from you concerning the incident that took place on 19/11/2014 when I was reported for travelling between Leamington Spa and Birmingham New Street without a valid ticket.

I would first of all like to express my unreserved apology for my actions, which I deemed to be foolish and very unprofessional on my behalf to say the least. If I could take this time to explain my situation, I hope you may consider this to deem a mitigating circumstance. At the time of the offence, I had recently been advised that my contract of employment with National Grid was going to be terminated at the end of November, which effectively would result in my being unemployed. As I was already suffering with some financial difficulties, I took it upon myself to travel without a valid ticket in hope that I would save some money. Having been an honest commuter for all of the times I have travelled to work using the Trains, this was simply the first time that I have ever attempted to travel without a valid ticket and as you can see from the attached documents, I have always paid my ticket fare. Nonetheless, I completely understand that what I did was wrong and when I look back at the situation, I am completely ashamed of my actions and would do anything to rectify the situation.

Therefore, I would be extremely grateful if you would be willing to resolve this matter without the need of a Magistrates Court to give me the opportunity to make a mends for my actions. I hope you can recognise this situation as a very genuine and silly mistake and not one that will impact my future career prospects with the threat of a criminal record.

I am more than willing to take the time to personally apologise to anybody who I have offended with this incident if it means that we can reach an administrative settlement without the need of going to court. I believe there is an outstanding unpaid fare as well as your administration costs which need to be covered and I hope that you will allow me to make this payment pending the receipt of this letter.

I look forward to hearing from you in the near future.

Yours Faithfully

[honeybee13]

Hello again.

 

Hopefully the forum guys will be along later with comments for you and I'll have a read a bit later too.

 

I have one which I should have said yesterday. If you're offering to settle, you need to be able to pay the whole amount on the spot, so to speak. Are you going to be able to do this?

 

HB

[citizenB]

here is my draft letter, let me know your thoughts:

 

 

 

 

Dear Sir/Madam,

 

 

 

 

TIL Reference: TI:xxxx

 

 

I am writing in regards to the letter that I received from you concerning the incident that took place on 19/11/2014 when I was reported for travelling between Leamington Spa and Birmingham New Street without a valid ticket.

 

 

First of all I would like to express my unreserved apology for my actions, which I deemed to be foolish and very unprofessional on my behalf to say the least. If I could take this time to explain my situation, I hope you may consider this to deem a mitigating circumstance. At the time of the offence, I had recently been advised that my contract of employment with National Grid was going to be terminated at the end of November, which effectively would result in my being unemployed. As I was already suffering with some financial difficulties, I took it upon myself to travel without a valid ticket in hope that I would save some money. Having been an honest commuter for all of the times I have travelled to work using the Trains, this was the first and only time that I have ever attempted to travel without a valid ticket and as you can see from the attached documents, I have always paid my ticket fare. Nonetheless, I completely understand that what I did was wrong and when I look back at the situation, I am completely ashamed of my actions and would do anything to rectify the situation.

 

 

Therefore, I would be extremely grateful if you would be willing to resolve this matter without the need of a Magistrates Court to give me the opportunity to make

amends for my actions. I hope you can recognise this situation as a very genuine and stupid mistake and one that will impact my future career prospects with the threat of a criminal record.

 

 

I am more than willing to take the time to personally apologise to anybody who I have offended with this incident if it means that we can reach an administrative settlement without the need of going to court. I believe there is an outstanding unpaid fare as well as your administration costs which need to be covered and I hope that you will allow me to make this payment pending the receipt of this letter.

 

 

I look forward to hearing from you in the near future.

 

 

 

Yours Faithfully

 

 

I have made one or two amendments but others with more experience will need to advise on the content.

[honeybee13]

I think I would add a bit about being offered a new job [don't put the company name on here] and that a criminal record will have a disproportionate effect on your future career.

 

HB

[rambo]

Conviction for fraud will be on the cards.

[honeybee13]

Conviction for fraud will be on the cards.

 

Post #10 doesn't mention that type of legislation, rambo.

 

HB

[Conniff]

consider this to deem a mitigating circumstance

I don't like the word 'mitigating'. There can be no mitigation, this was a deliberate act.

[rambo]

Post #10 doesn't mention that type of legislation, rambo.

 

HB

 

What worries me is that the company may change their mind, lets hope not.

[Old-CodJA]

All TOCs consider that making a false instrument, namely a fake ticket with the intention of avoiding a fare by attempting to use it for travel is a VERY serious offence.

[honeybee13]

All TOCs consider that making a false instrument, namely a fake ticket with the intention of avoiding a fare by attempting to use it for travel is a VERY serious offence.

 

Thank you OC. The bit I don't understand as a lay person is whether the possible charges under Railway Byelaws (2005) or Regulation of Railways Act (1989) would include intent.

 

Apologies because I have probably forgotten something I've read. I do my best to remember, but my memory isn't what it was. Plus my OH recently deleted a lot of my saved information by mistake.

 

Any guidance you can give would be much appreciated please.

 

HB

[Old-CodJA]

National Railway Byelaws (2005) do not all need proof of intent for prosecution to succeed, but Section 5 of The Regulation of Railways Act (1889) does specifically address intent to avoid payment of a fare

[honeybee13]

Thank you again, OC. So I think I'm right in saying that manufacturing a ticket shows intent?

 

I'm probably being thick again, but would you know how the TOC will choose between the two offences on which to prosecute please?

 

HB

Edited January 11, 2015 by honeybee13
Word missing.