Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Hello. I'm new to this. I was wondering would anyone be able to answer a few questions for me about something that has worried me today, and also because I don't want someone I care about getting into trouble.
One of my best friends told me that he had been cautioned by southern rail last week, he had bought a ticket which had a railcard discount but what had happened was that he had accidently left his railcard at home (genuine mistake, I made it once with advance tickets that I had bought, luckily for me before I boarded the train I spoke to the train manager and explained my situation, this was only because I was travelling from major stations where the train started its journey. All the inspectors were understanding, I showed them that I had a massive collection of past tickets that I had bought with a railcard which had been stamped by the ticket inspectors on those trains (I travel frequently on trains on quite a lot of major routes) In my case the inspectors were understading and appreciative that I had asked them before I boarded the train, as one of them did say that if I had just boarded the train and not explained prior to commencing the journey that he would have charged me the correct fare full fare). Ok, sorry I had to insert a story and share my personal experience, it's just that I don't think all inspectors are bad, and that they are just doing their job.
Basically he was asked to show his ticket by I think a revenue inspector, who also asked for his railcard when he arrived at the station that he was getting of at. He didn't have it and explained what happened, and the lady cautioned him. He gave his name and address and showed some of his ID. When they phoned up and checked with whoever they check with whether the address he gave was genuine, they said that he wasn't registered at that address, he then gave the name of his landlord who is registered at that address, and then the inspector concluded that that was indeed a genuine address despite him not being registered there.
He moved out of where he was living at the weekend (this has been arranged for 2 months, basically he didn't give his new address as he states it didn't cross his mind because he wasn't living there, again I think this can be an honest mistake) What has happened is that when he went to collect his mail from his old address, a letter had came through for him this week from Southern rail just asking for an explanation with regards to the incident, and the new tenant sent a reply back saying that my friend is no longer a resident at that address. My friend is considering not getting into contact with Southeren rail regarding this matter, as technically he wasn't registered at that address and they won't have a forwarding address for him. I think this is a bad idea, but that's just because it seems as though he is running away from it all. What would happen to him if he does decide to pursue this option as opposed to the being honest option. Would he get a criminal record if found out? Would they just drop everyting as it may involve to much effort, as on technicallities the inspector didn't check properly? And should have asked for an address that he registered at such as his home address? I think he should go for the honesty option, everyones opinions please.
Welcome to the site.
Its likely that its someones job to follow up issues like this.
IMHO you was shown (or your friend was shown ) trust understanding and something thats rare to find these days-discretion.
The inspectors had faith in your explanations-thats why there was no penalties.
I think the least your friend can do is return that trust and faith.
It will cost nothing to just tell the truth and be honest.
In the absence of doing that-maybe there wont be a lot that can be done to trace your friend-but maybe it will be a disappointment to those who gave the benefit of doubt-and they are far less likely to be doing that again.
It all depends if your best friend gave any sort of identifying number, i.e. NI number or passport/Driving Licence number. Or the number of the ID.
They can and often will trace you from your 'ID numbers'.
If none of these numbers were taken, even on the form or in the notebook I would ignore them.
Of course however if those numbers were taken, I would write in and explain the new address and the honest mistake.
Remember that under the magistrates courts act they have 6 months to bring a case to the court, if its 6 months and a day then the case must be struck out as overdue.
Hello. I'm new to this. I was wondering would anyone be able to answer a few questions for me about something that has worried me today, and also because I don't want someone I care about getting into trouble.
One of my best friends told me that he had been cautioned by southern rail last week, he had bought a ticket which had a railcard discount but what had happened was that he had accidently left his railcard at home (genuine mistake, I made it once with advance tickets that I had bought, luckily for me before I boarded the train I spoke to the train manager and explained my situation, this was only because I was travelling from major stations where the train started its journey. All the inspectors were understanding, I showed them that I had a massive collection of past tickets that I had bought with a railcard which had been stamped by the ticket inspectors on those trains (I travel frequently on trains on quite a lot of major routes) In my case the inspectors were understading and appreciative that I had asked them before I boarded the train, as one of them did say that if I had just boarded the train and not explained prior to commencing the journey that he would have charged me the correct fare full fare). Ok, sorry I had to insert a story and share my personal experience, it's just that I don't think all inspectors are bad, and that they are just doing their job.
Basically he was asked to show his ticket by I think a revenue inspector, who also asked for his railcard when he arrived at the station that he was getting of at. He didn't have it and explained what happened, and the lady cautioned him. He gave his name and address and showed some of his ID. When they phoned up and checked with whoever they check with whether the address he gave was genuine, they said that he wasn't registered at that address, he then gave the name of his landlord who is registered at that address, and then the inspector concluded that that was indeed a genuine address despite him not being registered there.
He moved out of where he was living at the weekend (this has been arranged for 2 months, basically he didn't give his new address as he states it didn't cross his mind because he wasn't living there, again I think this can be an honest mistake) What has happened is that when he went to collect his mail from his old address, a letter had came through for him this week from Southern rail just asking for an explanation with regards to the incident, and the new tenant sent a reply back saying that my friend is no longer a resident at that address. My friend is considering not getting into contact with Southeren rail regarding this matter, as technically he wasn't registered at that address and they won't have a forwarding address for him. I think this is a bad idea, but that's just because it seems as though he is running away from it all. What would happen to him if he does decide to pursue this option as opposed to the being honest option. Would he get a criminal record if found out? Would they just drop everyting as it may involve to much effort, as on technicallities the inspector didn't check properly? And should have asked for an address that he registered at such as his home address? I think he should go for the honesty option, everyones opinions please.
Thank you
Whats the problem? produce the discount card and you have no problems. dont worry about the address, it will take months for the train company to write to your friend. As long as your friend keeps his discount card, If your friend has lied about the card then he will be found guilty. Dont make things up that will make it worse.
That's quite right and if the rail company traces him from the ID shown and subsequently proceeds to prosecution, because in reality there was no valid discount card held, there are two separate charges that might then be considered.
As your message suggests 'genuine mistakes occurred' I hope you will not mind if I suggest hypothetical alternatives in the hope that the explanation will help other people too.
If the rail company believes that your friend gave the address at which he was not registered knowing that he was moving out and intending that the owner / occupier would send the letter back marked 'Not known at this address', as many people mistakenly think will be an end of it, then he potentially faces a further charge.
In very simple terms, Section 5.3.a of The Regulation of Railways Act 1889 makes it an offence to intend not to pay a fare.
Section 5.3.c of the same Act makes it an offence to give false details with intent to avoid a fare and the maximum penalty on summary conviction is a level 3 fine and/or 3 months.
If the rail company investigation reveals evidence to suggest that your friend gave a different address to that which he knew was his correct residential address knowing that he would not be living there and intending to avoid a liability, they might consider that second charge too.
If he has a valid discount card it is far better to do as blazer666 suggests and produce the railcard and send a clear photo-copy with the letter in reply.
If he does not have a valid railcard, it is still best to respond truthfully and get the matter dealt with by the rail company as painlessly as possible.