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Everything posted by Stigy

  1. Hi Surfwalkersteve, It's likely they will invite you in for a further interview to establish any other facts about your journey history. As it stands you just need to await their correspondence as has been advised already. I assume they have the ticket in their procession as evidence? I've skimmed through this thread but get the impression its a paper ticket rather than an oyster/smart card type? They will be able to find out which barriers the ticket has been through, as any ticket office can perform this check. Regarding the fine; If it goes to court, the maximum fine is £1,000 (plus costs etc.), however, this is unlikely as all fines are means tested and unless you're either very wealthy and/or very persistent, you'll usually be fined a lot less.
  2. Not going to get in to a debate about privatisation, however, things are a lot better and SAFER, than they were in BR days I can assure you. @Nystagmite regarding your query, complaints can be made to the local station management, but probably more sensible, would be to report it to the train operator who manages the station, so GWR in this case. They should have an online process, or a paper form at the ticket office. Regarding these incidents, short of raising the platform, I don't see what can be done about it? All trains that serve Bristol Parkway have a Guard/Conductor/Train Manager I believe? That being the case, they shouldn't dispatch until clear to do so and will be on hand should any incidents occur? Due to the size of this station, I believe there will also be a fair amount of staff available, often performing dispatch duties? If even the staff are advising you to complain, that begs the question as to whether they believe there's an infrastructure problem which isn't being addressed, or is it because they want to make the company consider their resourcing levels at that station?
  3. A recordable offence is one that is recorded on the Police National Computer (PNC). Those offences listed on DBS checks tend to be recordable offences, as the DBS generally use the PNC when checking an applicant's history. There have been occasions however whereby non-recordable convictions have shown up on DBS checks, presumably from court records? I would say that unless this is an offence of dishonesty, it's unlikely to be recordable, as most offences relating to travel are non-recordable.
  4. Buses aren’t my forte I’m afraid, however since it’s a Single Justice Procedure, it would suggest these regulations are on a par with Byelaws, and thus non-recordable. the Single Justice Procedure notice isn’t the offence, just to clarify. That’s what is used these days to prosecute more minor offences in order to bring a matter to court without having a prosecutor attend etc.
  5. You were of course quite within your rights to ask questions with regard to the member of staff’s authority over you etc, and all you legally have to supply is your name and address. It sounds as though he thought you were being difficult? This doesn’t help your case of course, but that’s how it sounded Reading your post. I suggest awaiting any correspondence from the train operator and go from there. You mentioned you were read your rights, or words to that effect? You were cautioned, but it sounds like you chose not to answer any questions. This is of course your right, but in refusing to answer questions, you can’t really submit any defence for your actions should the matter go to court. That’s the whole idea of the caution. reading your post, it sounds like you want to hold your hands up anyway, so is and when a letter does arrive, I’d suggest a ‘damage limitation’ approach and send the default grovelling reply asking to meet their reasonable admin charges to keep the matter out of court.
  6. You really don’t get it, do you? I have offered you experience based advice, I just haven’t spoon fed you. If you want it in black and white, then yes, I have heard of people appealing and having their PFs withdrawn. How does that help you though? That’s a rhetorical questions. Telling you about the fact that should the matter go to court, it would be a criminal matter, as far as I’m concerned is more beneficial, as you indicated you’d fight it at court as long as it remained civil. regarding your attitude; You just come across as an entitled snowflake to be honest. I’ve bulleted it nonetheless though - • Tarring staff with the same brush, indicating that the job of an RPI attracts bullies, isn’t helpful and is frankly untrue. • The need to put things in quotes, indicating that something is my view and not the truth, is a poor and uninformed assumption • The lack of a simple, “thanks” or “cheers for your help” after even my first reply, is bad mannered. • the fact that in your initial post here you have simply assumed the PF would be written off, again hints at you inability to listen to reason and an over all attitude. • The fact that I’ve found it necessary to spend 20-minutes writing these bullet points. A couple of final thoughts; I know full well some staff are unprofessional and frankly should not be in the job, but we should tar everybody with the same brush. I’d say 90% of the posts I’ve seen of this nature indicate staff were rude and aggressive, and that percentage simply doesn’t ring true. I will advise never to start an appear off in this way, as it looks like excuses...and... I don’t write anything I THINK I know. I only write about what I ACTUALLY know about. And no, the staff member wasn’t me
  7. So you come here for advice, and expect people independent of the industry to help you? That’s not how it works. You should expect people to tell you the truth here and not simply tell you what you want to hear. All I’m guilty of here is actually trying to help you, in a realistic approach. If you’re blinkered by what your daughter has said, that’s your problem as far as I’m concerned. Rather than getting on your high horse, how about a “thanks for your help”? It’s common courtesy to acknowledge somebody when they’ve advised you, not just get on the back foot. It now becomes ever more evident that this issue here probably wasn’t the member of staff, if your daughter’s attitude is anything like yours. I don’t get paid to be here, I’m doing this in my own time because I like to help where I can. Most people appreciate it. You’re welcome, by the way.
  8. Handled differently in comparison to who? Which aspect of the staff member’s attitude reduced your daughter to tears? I’m not a revenue inspector but I deal with everyone consistently, whilst also applying an amount of discretion where required. Would your daughter have been dealt with in this way with me dealing with her? Maybe, but I wasn’t there so can’t say for sure (although I don’t issue PFs I report people for offences). The penalty amount I believe is the latter, £80 or £40 within 2-weeks these days.
  9. If your daughter appeals and loses (I say your daughter because it’s her responsibility as an adult), she will need to pay the amount due. If this remains unpaid, the notice will be cancelled and it will go to court. However this will be under the original Byelaw (18(2) more than likely) which is a strict liability matter, meaning there’s no real defence to it. This is a criminal matter so won’t be kept ‘civil’ as the PF was initially. I would be very careful how you broach this, as you weren’t there. You’re quick to criticise the staff member and to be honest all revenue staff by saying they’re typically ‘bullies’, but not only is that an uneducated and unfounded assumption made by you, it won’t do you any favours having this attitude when complaining. Don’t tar all staff with the same brush. I don’t know what you do for a living, but if I insinuated you were a bully, I’m sure you’d take umbrage. You’re also stating these occurrences as fact when, again, you weren’t there. There’s good and bad in all walks of life.
  10. Hi, Bearing in mind the requirement to hold a ticket (or Oyster Card in your daughter’s case) hasn’t been met (technically), the Penalty Fare Notice was correctly issued. The whole ethos behind Byelaw 18 is that it sets the requirement to buy a ticket before travelling, and/or be able to produce a ticket on demand. The fact that one cannot produce a ticket may well be that they have lost said ticket, or it may be that they ‘lent it’ to a mate to use. I have a couple of questions here; 1. How old is your daughter? 2. In what way did the member of staff ‘read her the riot act’ and subsequently have your daughter in tears? The fact remains here that the notice appears to have been issued in-line with the set down policies etc. It’s worth noting that the Penalty Fare is a means of disposing of a matter by way of few, and is a civil remedy for an otherwise criminal matter. Your daughter had committed an offence, albeit unwittingly or so it seems. This was the most appropriate course of action. If the member of staff thought she was deliberately out to defraud them, she’d have been reported and potentially be looking as a Magistrates’ Court Simmons (assuming she’s old enough). So to Summarise; By all means appeal the notice, and I’d never dissuade anyone from doing so as it’s their right. However, bear in mind that irrespective if you have proof the card was tapped in at the start of a journey, it doesn’t Prove that the card was in your daughter’s pocession. complain to TfL if you wish too of course, but you’ll need specifics other than ‘she was read the riot act’.
  11. As has been said, the DoB alone won’t get you off this one. If you’re saying it wasn’t you, that’s another matter. But it was you, so you’d be lying. Appeal anyway if you believe you have been hard done by, or believe the notice shouldn’t have been issued, you have nothing to lose. Unfortunately though, you’ll likely not win an appeal purely based on a gesture of goodwill.
  12. Indeed. In this day and age too, it’s unlikely you’ll be required to even produce any documents to the police. We live in an electronic age, where all documents are readily available to the police before they even stop you from the like of the Motor Insurance Bureu and DVLA. Can’t remember the last time I had an insurance certificate....it’s on my ‘portal’ these days lol. In fact, the police will most likely not even ask for one at the roadside because they’re not worth the paper they’re printed on. Anyway, I digress. My Driving Licence is in my wallet....I just assumed that was the norm (I must add, my wallet is naturally kept in the glovebox)
  13. All of the above is of course good advice. I’d imagine the case will be closed pretty quickly if you follow all the steps provided. I would also consider providing them with your full description, because the RPI would have taken your impersonator’s description at the time, which may in itself close the case quite quickly depending on a) how thorough it was and/or b) how much you differ from the person who used your details physically.
  14. Hi, their investigation is in to your circumstances not your friend’s. Where it is possible the address would flag up if you’ve mentioned your friend, unless TfL have his card, there’s no real evidence to suggest any wrongdoing on anybody else’s part. This has obviously got to the stage whereby they’re considering a court summons, so I’m assuming you were thoroughly investigated and questioned under caution? The compensation here may be taken in to account on a day by day, journey by journey basis, assuming you were questioned on individual journeys. Otherwise I’d imagine they’d be seeking to get the cost of the full priced travel card out of you. This will prove costly either way, as you’ve made it necessary for TfL to pile loads of time, money and resources in to this case no doubt, so don’t be surprised IF they consider a settlement, for it to be a hefty amount (don’t want to pluck a figure out of thin air, but to be, it sounds likely it’ll be a four figure sum?). TfL historically take a hardline one Oyster misuse, so I wouldn’t like to guess your chances of appealing to their kinder side.
  15. I'd usually urge anybody to appeal as they have nothing to lose (however I appreciate that ship has all but sailed now anyway). However, as Honeybee has said, the whole idea behind having to produce the ticket itself rather than the receipt, is that tickets are non-transferable, and anybody could have been using your ticket. That unfortunately means the Penalty Fare Notice was correctly issued. I'm not judge and jury, however In this situation too, I'm reluctant to urge you to appeal, because you just seemed to want to pull a fast one anyway, and to be fair, got off quite likely. Bohemian23 won't be in any other bother as the matter has been dealt with. If it hadn't been paid in full, theoretically the train company could cancel the Penalty Fare and progress the matter to court if new evidence had come to light, but I've never known this to happen.
  16. You too, honeybee! and yes, love the new look site. Wasn’t sure if it was actually new or just that I’ve not been here for ages lol.
  17. Hi Dx, thanks...It's been a while. I'm back and ready to help where I can. can't believe it's been so long since I swung by! Anyway, I digress. Good to be back .
  18. Hi Greygoat, Just to chime in here, I personally think you're getting anxious about this too much. TfL could call you in for another interview if they believe there's more to this than meets the eye (if there's evidence to suggest this was an on-going series of offences for example, which couldn't immediately be ascertained under questioning). Cross this bridge if and when you come to it and don't give anything away in the meantime. Don't come across that you're trying to make excuses for your actions in any correspondence with TfL. You should apologise for your actions, and outline you will never do such a thing again. You should then offer meet all their reasonable costs in order to prevent the matter going to court and thus inconveniencing TfL any further.
  19. You're welcome, by the way... Oh, and I've taken it upon myself to correct your post to reflect what actually happened...
  20. Thanks for taking the time to post this, DKL111. It's so nice when people do this, especially when we've only indirectly aided them!
  21. Xeito, This will gain more of a response if you start your own thread and structure it in paragraphs (it's very aggressive on the eye in its current state!). Mods, can this be made in to another thread in any way as this is initially a 4-year old topic?
  22. Hi didntdoit, Not a great deal to add here, just that being a Byelaw offence that's being charged, this suggests that they only have evidence for this rather than that of fare evasion (contrary to more serious legislation), therefore it unfortunately doesn't matter whether this was an honest mistake or not. I suspect the RPI's suspicion was that it was deliberate, that's why he reported you. However there's more than likely only evidence to prove the Byelaw offence which, as has been said, requires only proof that you didn't have a valid ticket etc. Which you didn't, otherwise you'd not have been spoken to. I suspect if he believed it was an honest mistake, he'd have given you a Penalty Fare Notice. What you have to bear in mind here is that TfL take Freedom Pass fraud extremely seriously as these passes often get abused. I'm sure you would expect this, given your Grandfather has a Freedom Pass, which after all is a scheme that can be removed on a whim.
  23. Hi Shaun, Sorry for the late arrival...just got an SOS and here I am lol (work gets in the way sometimes!). The problem with Solicitors is that unless they specialise in railway matters, they often promise things they can't deliver. For example, some solicitors are under the impression that Railway matters are al civil ones, which is incorrect. The also don't often appreciate that a Railway Byelaw for ticketing is strict liability, meaning there's very little one can do you be found not guilty of such an offence (either you had a ticket, or you didn't...). From what I've read here in this thread, the train company aren't showing their hand with respect of which offence they'd charge you with. If it's a Railway Byelaw, you'll receive a fine at court which is means tested, but typically 200GBP plus costs and surcharge (total equates to around the 300GBP mark usually, but as I said, if you can't afford it judging by your means form, you'll get a lesser fine etc.). You won't receive a criminal record that is recorded, for a Byelaw conviction either. If you're prosecuted under the Regulation of Railways Act 1889 however, the fine is typically 400GBP plus all associated costs etc equating to nearer 600 or 700GBP sometimes. This also means a recorded conviction on the Police computer. I do believe some DBS checks also show non-recordable convictions, so if convicted of either and asked to declare for work vetting or similar, you'd be best off being up-front. That's all I can say without knowing for sure what the charge is I'm afraid, but I would NOT enlist a solicitor, especially not at that price. I have to say I do think the ball is very much in their court I'm afraid, but try not to panic. And remember, even if you're summonsed, you can offer to settle right up to and including the court date. They don't have to accept, but there's nothing that shows more remorse than showing up at court, smartly dressed, with your chequebook. I will have another look at this thread later when I have more time as I'm pushed at the moment, just in case I've been a numpty and misread anything.
  24. If they accepted the details you supplied, which it sounds like they did, I'd pay up and say no more. As long as you pay the notice, you'll hear nothing further (bearing in mind your details will more than likely be correctly logged on your Oyster record). You could also appeal, but to be fair I think quite frankly, you'd be cheeky to even consider doing so. If you were prosecuted, it would more than likely be under s5(3)a and c of the Regulation of Railways Act 1889 (intent to avoid payment and supplying an incorrect name/address) which per offence would average out at 400GBP plus all incurred costs etc. Just pay the notice.
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