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Old-CodJA

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Old-CodJA last won the day on December 17 2017

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  1. It is a little while since I have responded to matters of this nature on here, but I have been asked to take a look at this to see if there is anything that can be done to expedite a successful outcome for the OP in resolving this One thing that strikes me immediately from a quick read through of the thread is that there is some very real misunderstandings in some of the suggestions made by some people who I realise are well meaning posters. Until my retirement, my working life was as Prosecution Manager for multiple TOCs, these matters are not BTP cases, but I do reali
  2. Firstly, you need to await the letter that the TOC is likely to send you, because then you will know the unique reference allocated to this report and will be certain that your response will get to the right person I have to refer to this quote from your original message: "all set...my husband told me to take his ticket. At first I said no but because I was rushing I just took the travel ticket in the end." This suggests that you were well aware that you should not use your Husband's travelcard and that it was wrong to do so. Please don't rush into trying to force th
  3. Yes, the inspector's account will be assessed against your account. If as you say you admitted having used your husband's season ticket in the morning and did intend to use it again that evening at the time you were questioned, the allegation and your admission will match, because the notes will reflect both what you did and what you said I suggest this has parallel with the occasion of delivering a verdict at the Appeal Court when Lord Denning once said 'a man will be judged on his words and actions'. The description that you have given suggests sufficient evidence for a prose
  4. Yes, dx100uk is right, the first thing you will get normally is a 'verification letter'. If an offence is evidenced they can move straight to Summons, but it is never really in anyone's interest to do so. You'll get a letter seeking your version of events and although this is serious, it is not completely beyond the realms of possibility that you may be able to avoid a Court appearance.
  5. The case in this thread has clear parallels with the Appeal Court case of Arthur Browning (1946). Convicted of attempting to avoid payment of his fare by using his spouse's season ticket contrary to Section 5(3)(a) of The Regulation of Railways Act [1889]. Appealed, and appeal rejected. The Appeal Court decided that whilst the rail company may not have lost any money, the traveller had not paid THEIR fare
  6. There are no guarantees, but a concisely worded letter of apology may be sufficient to allow the company to dispose of the matter by administrative settlement It is really important not to waffle in your letter. Long rambling and pleading letters can lose the support of the reader. It is important to apologise, but remember that the reader may have a huge pile of similar correspondence to go through every day and the ones that are most likely to succeed are the ones that show clear remorse for their behaviour and apologise. Never seek to put any of the blame on others, that's a cer
  7. It is clear that you recognise this is a serious matter so far as the TOC are concerned, whatever the motivation behind your action, the evidence makes clear that you did 'alter the date on a previously used ticket with intent to avoid the correct fare due.' As dx100uk says, you may be able to convince the TOC prosecutors office to allow you to settle this without Court action. There are no guarantees, but a concisely worded letter of apology may be sufficient to allow the company to dispose of the matter by administrative settlement It is really important not to waffle in your
  8. There are no passenger services on Arriva Trains Wales that are driver only operated. Department for Transport agreement with the franchise holder confirm that the TOC has a Conductor Guard on all services. Arriva Trains Wales Revenue Enforcement Policy The ethos of Arriva Trains Wales is to collect the correct revenue that we are contractually due from all our passengers. We recognise however there is a small minority of passengers who will deliberately attempt to evade payment. This document sets out the process of how we will deal with these passengers and the steps we would put i
  9. Honeybee is absolutely right, keep your letter only to the details that the train operating company are concerned with Whilst it may seem uncharitable to some, your management of your affairs are your concern. The company are not concerned with this, what they have is evidence that you attempted to use someone else's pass to travel on that day. You say that you picked up the wrong card in error, do you have one of your own? Make sure you send evidence that you held a VALID pass of your own if you did have one, then apologise and ask if they will consider letting this be de
  10. Exceedingly unlikely. All that is necessary is for the prosecutor to identify the 'typing error' and ask to amend the application to read 'Chingford' instead of 'Cheshunt' All Court staff are fully conversant with the modernisation of admin processes and with 'drop-down' menus pre-filling forms as they are created these days it is very easy to see how such an error occurs. Typing in 'CH...' will have pre-filled the first alphabetical location in the drop-down list unless spotted and corrected.
  11. Hi HB and thanks for the kindness, time is in short supply as always, but trying to keep abreast of things
  12. Yes, definitely wait until you get your letter, but the point that I have highlighted below is the area that you will most likely have difficulty with This makes perfectly clear to any member of revenue or prosecutions dept. staff reading it that your pass had run out on 17th and that you took your husbands discounted season and used it on 18th to avoid paying your fare that morning The payment of fares, whether on Oyster, or any other form of travel ticket is timed so payment on to your Oyster can be tracked. Wait until you get your letter and see what they allege
  13. What exactly did you appeal against and what was the judgment?
  14. What intrigues me is that if you were reported by a Revenue Protection Inspector, which Train Operating Company were you travelling with and how did you come to call IRCAS ? IRCAS do not undertake prosecutions for all TOCs This is an important question and will have a bearing on the outcome for you
  15. This is very dangerous advice for other travellers who may be tempted to travel from stations without paying their fare within Penalty Fares areas as well as areas where Penalty Fares cannot be charged. There is never an obligation of an inspector to levy a penalty charge or offer a Penalty Fare Notice where the evidence suggests that a traveller intended to avoid a fare, or intended to pay the fare only if challenged. (Appeal Court judgment, Corbyn 1978.) Section 5.3 of the Regulation of Railways Act (1889) is the primary legislation in this instance, but the OP has made clear that
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