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Everything posted by RPI

  1. I know this has no bearing on this case now but GWR are now in the process of installing machines at St Ives, St Erth, Camborne and Redruth so in future hopefully any incidents like this will be less frequent
  2. Reading the info provided I'm assuming she travelled to Redruth? When the RPI'S do a check there they stand outside the station entrance out of view so that anyone who has travelled still has the opportunity to pay at the ticket office where they would also have someone with an avantix, it's important that we know exactly where the op's daughter was stopped.
  3. You cannot remain in any part of a first class carriage unless you have a first class ticket.
  4. Every FCC Inspector i have encountered has been friendly and helpful and smart in appearance despite the abuse they get from some of the people that we would call "respectable" at first glance (only to find out that they are bankers.....), on all FCC trains that have first class there are numerous notices stating in great detail the consequences of occupying that area without a first class ticket so ignorance cannot be a defence here, however, the OP does accept that they were in the wrong. I would wait until they write to you and try to state your case, chances are they will settle out of court anyway.
  5. Surfboards have never been carried by the railways, the only exception is FGW who charge £5.00 but only on certain routes, i think the person who is at fault here is the Conductor on the outward journey who allowed the OP to board the train giving incorrect advice and passing conflict onto one of their colleagues. I think that maybe the guard on the return journey could have allowed the OP to return if there was room available but this highlights the issue of all staff not singing from the same hymn sheet and the one who does what they're meant to be doing looks the bad guy!
  6. The majority of "First time" offences are usually dealt with by way of an out of court settlement so the big fines will usually be because the offender decides to ignor all correspondence and they get found guilty in their absence with no plea, generally the person who pleads guilty by post will recieve a much lesser fine and someone who appears and pleads guilty will usually get a very light sentence such as a conditional discharge.
  7. yes, holding a lighter under a faded railcard is a common method of showing up the date and it seems universal amongst TOC's.
  8. Hmmm, are you sure that the train manager didn't go through the train after St Erth saying "Does anybody need to purchase a ticket.....", I think you may just find that he did.
  9. I'm assuming that you are under 18? Any tickets that were previously issued by the SWT conductors should carry a warning on the back of the ticket in red writing warning that if an Inspector had been checking tickets then you would be issued a Penalty Fare, there are also warning signs at the stations. If you are under 18 then it would seem that the Inspector has completed a Travel Irregularity Report (TIR) which means they will write to you or your parents requesting the fare plus an admin fee (£35 with FGW, not sure about SWT), as long as that is paid then that will be the end of the matter.
  10. Unfortunately for you TfL are usually very reluctant to settle out of court, you could offer to pay their cost's whilst saying sorry and you won't do it again but don't hold your breath, if they do allow you to settle out of court then great, if not then you will need to enter a plea, if you are guilty and accept that then appear in court and plead guilty and show remorse, this will severely reduce any potential fine and cost's.
  11. You used someone elses child oyster? are you a child? Is straightforward transfering of tickets to start with which is a byelaw offence for a start and you obviously used it in order to avoid your correct fare.
  12. Although Firstclassxx's answers are correct, it is unprofessional for an inspector to fail to identify himself properly when not in uniform if what you said is correct, sounds like a straight forward Byelaw 18 prosecution so you are best waiting until FCC write to you and then offer to pay costs in order to keep it out of court. As for the issues such as the inspector not identifying himself then you need to complain to FCC's customer service department if you believe that you were not treated correctly. As an RPI myself i am always very concious of correctly identifying myself when not in uniform and always show my warrant badge and keep it visible whilst I speak to any passengers.
  13. So I assume that instead of us offering advice that will (and does) in effect "limit the damage", you think that we should advise people to plead not guilty (when they are), go to court and flutter their eyelashes at the Magistrate and say how broken the sytem is etc etc etc..... and you think they will get off? Get real, we offer advice here to help people, just because we work on the railway does not mean that we agree with every byelaw and every litlle section of the Conditions of Carriage and also does not mean that we are not human, people who get into bother with tickets etc are here because they have in some way fallen foul of the law, whether we agree with that law or not is a discussion for a different place. We have helped numerous people avoid going to court and getting a criminal record for minor offences by offering (what you call) biased advice, and it is generally people who, until they came here and were confronted with the various legislation, thought they were in the right and had done nothing wrong and usually didn't realise the seriousness of their actions. You asked for advice and people have given it, you don't like that advice and thats up to you and I wish you luck in your conquest and if you do win then you can come back here and help others in the same situation. One thing that myself and others have always said to people is that if you genuinely believe that you have done nothing wrong then plead not guilty and go to court and Old Cod-ja has on many occasions advised people to never plead guilty just for an easy life.
  14. If past experience is anything to go by then this sounds like one of those cases where the person represents themselves, always fun to watch.
  15. If you could define "Reasonable" then you would be very rich, good luck to you in your quest and let us know how you get on so that it may help other people in the same situation in future
  16. Obviously it's up to the OP whether they decide to continue with this and good luck if they do but my own personal opinion is you're onto a loser, the "Contract" in this case is the NRCoC, the TOC are contracturaly obliged to get you from point A to point B as stated on your ticket which is effectively your contract of travel, they do not have to convey you in any time scale or by any particular means of transport.
  17. This is something that has been tested before and the TOC's have never lost, but for the life of me cant actually find a link to an incident! As pointed out the NRCoC covers situations like this and if it were overhead line problems then this isn't down to the TOC most of the time unles it was a faulty train that brought the wires down.
  18. Like others have said, it is down to the customer to ensure that they have a valid ticket and it appears that the Train Manager has attempted to show some sympathy by simply allowing the passenger to pay the difference in fares whereas they would normally sell a whole new ticket in accordence with the National Rail Conditions of Carriage (NRCoC) as if no ticket were held, the Train Manager was simply asking her to pay the fare she should have paid in the first place, no extra. Unfortunately now this could be a straightforward prosecution under RoRA 1889 as the passenger failed to pay the correct fare upon demand or a straightforward Byelaw 18 prosecution for failing to show a valid ticket. The TOC will be able to tell whether the ticket was sold at a ticket oiffice or whether it was purchased from a self service ticket machine, the only way that any damage can be limited now is if the OP can get the booking clerk who it is claimed sold the ticket to say so in writing.
  19. Sorry, not something that I have knowledge of I'm afraid but no doubt some of the other regulars will be along soon
  20. The whole thing doesn't sound right, surely if everyone else bar the other lady had managed to swipe their Oyster then the reader must have been working, best you can do is pay the £40 and try a second appeal if they will let you, I do find it very hard to believe that the inspector didn't tell you that you were being issued with a PF at the time.
  21. So basically your Oyster had insuficient funds for the journey you had made? If that is the case then then it is your responsibility to ensure you have suficient credit before you travel therefore you have been correctly issued a Penalty Fare, if my assumption of the course of events is wrong then correct me.
  22. Only way you can "Object" a summons is to plead not guilty and attend court, TfL are renowned for not offering out of court settlements so if I were you I would pay the Penalty Fare whilst you still can, if the 21 days has passed then the PF will have risen to £80. Can you outline the details behind the PF? We may then have some idea of what offence TfL will summons you for if it goes that far.
  23. Yes this is normal, if you have settled out of court then the prosecutor from FCC will simply inform the court on the day, the reason for this is that FCC will no doubt have several cases to prosecute on that day so they still have to attend court for those. Hope this gives you peace of mind.
  24. Nope, once the 21 days has passed then you can't appeal, and if it hasn't been paid then TfL will soon cancel it and issue a summons for prosecution.
  25. I doubt you can take action against FGW, any crime MUST be reported to the British Transport Police, was this done? as a log number would need to be generated and then it will be investigated by the BTP who can download CCTV etc, it is not up to the staff to call the BTP particularly if the victim has not made a complaint to the police.
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