Used an expired railcard for a ticket

On Friday, I was travelling from Penmere (Cornwall, Falmouth) to St Austell. On my first train, I got checked for my ticket, nothing new. They then proceeded to ask for my railcard which I went to show. However, my railcard app was logged out, rather peculiar because that never happens. I tried logging it back in, but to no avail none of my password variations were working. I attempted to request a password reset, but no emails were coming through. I'm not sure if the signal was effecting this.

The conductor then asks "do you have a railcard" and I plead that I do, because I know I do. I even asked if they didn't believe me that I'm okay with purchasing a new ticket without the railcard discount. Instead they got me to fill out a form, regarding a lot of information about me and recording me visually and through audio whilst doing this. They even read out the rights to remain silence, anything you do say can be used in court etc! Which got me spooked a bit. However they said I'll get a letter in the mail from my train company stating I'll just have to show evidence of my railcard, which I thought was fine. I can do that.

Got home today. Sorted out the whole password debacle. I log in to see "Card Status: EXPIRED", which ran out on the 16th April 2024. I had no idea that my railcard expired. I don't take the train that frequently, so it wouldn't be a thing I check often, but even so I thought I would've got an email regarding it being expired or for it to be soon expired before the date.

Anyone know what the procedure will be after this now? I'll confess to my mistake, but will that mean I'll get fined because I didn't actually have a valid railcard? After frantically Googling, I've seen that this is a serious criminal offence, and I really don't want this on my criminal record for an honest mistake. The railcard discount only saved me £2.95 (Original ticket costs £8.60, with a railcard £5.65), and I went onto my GWR app and the last ticket I bought before this was before my railcard had expired, so it's not like I have been skimming loads of tickets. I know a rail company may not see it like this, but this has got me a bit worried now, because I don't want a minor mistake like this to be on my record permanently

GWR basically settle almost everything. They will probably write to you and ask for your explanation of events but if you engage with them they'll probably settle for the full fare due plus around £100-150 in admin fees.

You'll be looking at a settlement of £100-200, as far as the railway are concerned you lied about having a valid Railcard. It's unlikely to go to court. You should renew your Railcard now naturally.

The first point is that the reference to you being OK if you could subsequently show the card you couldn't show at the time (as per what the ticket checker said) relates to a concession that allows a genuine railcard holder to forget their physical card (or be unable to produce an electronic one for some technical reason) once a year without penalty (or get what they were charged on the train refunded), providing they can subsequently show their card. But you didn't/don't have a valid card so that's no help in your case.

You'll get a letter from the rail company at some point asking for your side of the story, and probably threatening to prosecute you in court for travelling without a valid ticket if you don't produce evidence of having had the railcard you claimed to have had (and of course you can't do that). However, if you send them an appropriate reply they're likely to offer to let you pay an out-of-court settlement which will mean you avoid a court case and a criminal conviction. People here will help you with advice on how to respond once you receive the letter from the railway (which you could post here with all identifying details redacted).

The settlement direct with the rail company, to avoid them taking you to court, is likely to be the £100-£200 referred to above (for the rail company's costs in dealing with this), plus the full price of the ticket(s) you should have had (ignoring whatever you'd paid, as the ticket was invalid and is ignored for this purpose).

Since your railcard expired some weeks back, then if you buy electronic tickets rather then physical ones [that's not obvious from your message, even though your railcard was electronic], the rail company - having got your details from this one instance - will be able to trace (via wherever you buy your tickets) all other rail tickets you've bought in recent times. If this investigation did suggest you've travelled with wrongly discounted tickets on other occasions, then it would complicate your situation; but you say this isn't the case, which makes it very likely that you can settle this without it going to court.

To help persuade the railway that it was a genuine oversight that you claimed a discount after your railcard had expired, it will help if you renew your railcard now, so you can show them you're taking steps to avoid this situation happening again.

The time it takes for the letter from the railway to be received [I assume you gave them an accurate name and address] can vary; but you're likely to get it within a couple of weeks; though it occasionally takes a lot longer.

Remember to head back here if you need help replying once you get the letter.

PS: You asked whether you'd "get fined". Technically, only a court can fine you (if you plead guilty to an offence, or are found guilty); what you obviously want is to avoid a court case and a fine by agreeing to an "out of court settlement" - ie paying money to the train company, as explained above. Money paid to them might feel like a fine, but it isn't (it's a private deal between you and the railway to settle the matter without going to court); if you go down that route, there's no court involved, no actual fine in the legal sense, no conviction, and no criminal record.