caught borrowing my friends 16-25 railcard

daftchik

Ive I've I've I've I've I've I've I've I've I've

Quentin

Yes both of you can get done. (Unless you stole it from her!)

Expect fines (and a criminal record too!)

Livingthedream

Right lets get the sarcasm out of the way first;

daftchik wrote: »

Ive stupidly been caught using my friends 16-25 railcard

Fail x1

daftchik wrote: »

(which was out of date)

Fail x2

daftchik wrote: »

I'm worried about the consequences-they have taken away the railcard and all my details. I've read on here you can get upto 1000pound fine or go to court as it is fraudulent but I can't find what people usually get fined once it's been all resolved. I'm also really worried for my friend who's card it was, will she be prosecuted too as its my fault not hers? Any help from someone who's been though this would be appreciated!!

£1000 is for serious serial fare dodgers, for a first time offence your looking at £100 to £150ish but you could get a criminal record, best option is to try and keep it out of court by crossing the Train companies' hand with lots of silver.

Wait for the Train Company to write you, normally a couple of weeks but can take up to 6 weeks. Once you get the 'notice of intent of prosecution' write them a letter back explaining how foolish you were and how you would like to keep this out of court by paying all costs and any administration fees. Hopefully the Train Company will see this as a better opportunity to make a bit more cash rather than pursue it through court for less cash.

Your friend will be OK, it would be to difficult/cost worthy for the Train Company to try and prosecute her, but the best way to safeguard this, was if the Train Company do press for a prosecution state that you took it without her knowledge.

Make sure that the letter you write back admits no guilt.

Valli

daftchik wrote: »

Ive been caught stupidly using my friends 16-25 railcard

It was the use that was stupid - not being caught. And it was out of date?


Other than that do what living the dream says. Don't, under any circumstances delay replying; keep copies of all mail. And you might want to do the decent thing by keeping your friend out of it - but what was she doing with an out-of-date railcard anyway, one wonders.

Livingthedream

Do a search on the CAG Public Transport Forum I'm sure you'll find what your looking for there.

david39

If the rail company do not escalate the case into one of fraud, but keep it as a case of avoiding paying the full fare then, if it goes to court, you will be made to pay the loss that the railway company has suffered in not getting the full fare from you. You will also have to pay their costs and the court's costs and the other add-ons that get thrown in these days. (Victim support charge, etc)

All-in-all, you are looking at the full price of the fare that you would have paid at the booking office on the day, less what you did pay, plus approximately £250 to £300 - plus any expenses that you might incurr personally.

Of course, if they do go for fraud, you will get the above and probably more costs and the cost of a solicitor to act for you and a criminal record.

The rail companies are not lenient with fare dodgers so, if you can come to an agreement out of court, it would be to your distinct advantage.

Notmyrealname

daftchik wrote: »

Thanks guys, your advice is really appreciated, keep it coming!! I know it was stupid thing to do and I've never done it before-and had no idea the card was out of date, expired a few weeks ago I think.

Has anyone else been in the same situation? What happened to you??

You don't actually grasp what you've done wrong do you? You think you've just used an expired card.

You haven't. You have deliberately committed fraud by using someone elses card. Getting done for that won't look good on a job application will it?

Quentin

The person who's railcard you took is in the clear if you took it without her knowing!

Can't you read between the lines (see post #2).

The person who's the railcard holder would be breaching their contract if they had let you use the card (as it's non transferable!)

Mike1901

OK, it sounds like you may have been given whats known as a MG11, which basically means the TOC concerned is considering prosecuting you. Here's what I would suggest:

1. Go over to a specialist rail forum, such as RailUK, and post there exactly what you have here.

2. Add to what you have already posted:
a) whether any paperwork was given to you, and if so, what is it headed
b) whether you were spoken to under caution
c) the TOC (train company) concerned
d) how long ago this was

3. Someone who is a specialist in dealing with instances like yours should hopefully reply and offer to help.

Thanks,

Mike

Livingthedream

OP, one last question, 16-25 railcards have a photo of the holder on. So how were you planning to get around this obstacle when asked to show the railcard to the guard/TE.

Unless you bear an uncanny resemblance to you friend.

Livingthedream

david39 wrote: »

If the rail company do not escalate the case into one of fraud, but keep it as a case of avoiding paying the full fare then

TBH I think the Train Company will keep it simple and go for either a RA1889 or a Breach of a Byelaw offence, as these are tried and tested.

david39 wrote: »

Of course, if they do go for fraud, you will get the above and probably more costs and the cost of a solicitor to act for you and a criminal record.

RA1889 also gives a criminal record.

david39 wrote: »

The rail companies are not lenient with fare dodgers so, if you can come to an agreement out of court, it would be to your distinct advantage.

I forgot to say that if you write a letter to the Train Company offering to settle out of court, they don't have to accept it, they can still decide to prosecute you instead.

Best advice, wait and see what comes through the post, then post back and I'm sure more advice will be forthcoming from a multitude of posters on this forum.