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I was cautioned over the weekend for boarding a train without a valid ticket.
My friend is the train manager/conductor for the service I wanted to board. As the train company is a private company then should it not be up to the manager/conductor who they allow on their trains?
I didn't jump the barrier or purchase a false low cost ticket, I purchased a platform ticket to get onto the platform then the train manager allowed me to board the train. Then the rail staff came on board and asked me to leave. The train manager even told the staff that I had every right to be on the train yet they proceeded to take my details and caution me. A letter is meant to be in the post.
Do you think i will be able to contest this decision? From what I can it should be up to the train company who is allowed on the train and I do not feel I have done anything wrong.
Also does this mean I could have a criminal record or pay a hefty fine?
No you wont be able to change the decision, all train travel is covered by National Rail Conditions of Carriage http://www.nationalrail.co.uk/system...misc/NRCOC.pdf.
When you get the letter read through it may simply be a caution as you seem to suggest it is.
Should it contain a charge, which it may occur if your station is in a Penalty Charge area I expect it will be £20.00.
I'm not sure how you can challenge it, as you purchased the platform ticket with an intention to travel on a train service , by doing so you committed an offence.
You may argue that you agreed in advance with the conductor/train manager that you could travel on his/her train without paying.
Unfortunately there is a name for above its conspiracy, in addition you would have to exit the destination station how can you do that without a ticket.
This is one type of offence that I find very distasteful.
Rail staff do not have authority to waive or amend The National Conditions of Carriage.
Take the scenario you describe ie:
You bought a platform ticket intending to board a train and to travel without paying the appropriate fare.
Having been caught out, this is most likely to result in a charge of 'intent to avoid a fare'
This is contrary to Section 5.3.a of The Regulation of Railways Act 1889.
The incident you describe sounds as if the Train Manager is complicit in aiding and abetting an offence whereby he or she assists you to steal the fare that is due to the Rail Company.
What view do you think your employer might take if you were found to be guilty of stealing from them?
I wonder if you can also justify to all of those honest, fare paying passengers, why you think it is OK to travel free just because your friend happens to work for a rail company?
It is worth remembering that Section 5.3.a of the Act that I refer to above is very clear in determining that the action you describe is an offence. That section states 'if any person travels, or attempts to travel on a railway without having previously paid his fare, and with intent to avoid payment thereof, he may be liable upon summary conviction to a fine....'
This is not a Penalty Fare matter. It is intentional fare evasion. A Penalty Fare will only be relevant where an authorised person issues a numbered Penalty Fare Notice at the time. This would not be the appropriate action in the case described
Loggerhead, you say that you were cautioned and questioned (rightly so in my view ) so I suggest that you can expect to receive a Summons in due course.
I would be very surprised if some action is not considered against the Train Manager too.
Cautioned but felt it was unreasonable
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