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Everything posted by MrGates

  1. You have to be caught on the act of course to be prosecuted but you certainly dont need to be cautioned or issued a PFN to be prosecuted. The caution just acts as security so you cant say you didnt say that etc
  2. Then i guess on this occasion you have nothing to worry about!! One bit of advice, the ticket by the sounds of it had been used before, these tickets are intended for ONE use only, using an undated ticket is in fact rendering that ticket used and useless. If you are stopped again and are found to be using a ticket used before and they can check quite easily for exact date and time to within 4 minutes then you are liable for prosecution. I personally dislike them this very reason.
  3. When you say valid was the box filled in? Sounds to me like the gate had detected that the ticket had been used before. An error code appears on the gate pod to inform gateline staff or rpi the problem with the ticket. These carnet tickets cause nothing but trouble and can be exploited easily.
  4. So if i ignore it will it have any further implications in the future regarding my permit to park there?
  5. I moved in to a new flat on the 16/10/12 which has underground parking for residents with permits that are issued by the buildings manager but supplied by PPS, when i signed my rental agreement and handed my permit i was told that i was to park in the yellow bays as my flat is operated by yellow key fobs anyway to my surprise on the Wednesday morning i come down to find a PCN for £100 for un-authorised parking. I spoke with the buildings manager who has informed me i am to park in the blue bays, now my questions are, am i best trying to appeal based on the fact that it was my first time and miss informed or pay up? i find it odd that even though i have a permit to park in the building they have still issued a ticket. any advice greatly appreciated.
  6. Indeed the posts are correct, the discount only applies to the ticket if the holder can present a valid railcard, the railcard cannot be transfered either. The ticket will have to be excessed up to the full fare required.
  7. I think as has already been pointed out that the issue of the penalty fare is quicker and cheaper than dragging you to court for the matter, the railway byelaws are a criminal offence and are 'strict liability' which means they dont have to prove anything. Its also worth pointing out that penalty fares are issued to give people an opportunity to appeal the decision if not happy, your appeal was not up-held which is entirely correct in this circumstance, my advice is to put this down to experience and move on.
  8. You would have signed to accept that what he had written was a true account of the questioning and your answers, you should have also been given the opportunity to add any further information to the inspector, as has been pointed out this is the evidence they will use in court to prosecute. I also note that a few others and myself have asked where you started your journey, can you confirm where your origin station was as this may help clear things up a little bit more.
  9. Does not matter if there was as this applies to the start of the journey, if for instance there was no method of purchasing a ticket at origin station then the op should have sought to buy a ticket at earliest opportunity, im not familiar with northern areas so not sure on tvms etc. We also do not know stations that op is refering to so is hard to give definitive answers, but i would imagine the more serious case of RRA sec 5.3a would apply if caught outside the station without a ticket.
  10. He would have more than likely admitted liability under caution, unfortunately like stigy has pointed out he was stopped AFTER the last point of buying a ticket would have been possible, also depends on other station facilities such as tvm, the op is best to wait for their response in first instance.
  11. your uploads are too small, unable to read.
  12. Will be interesting to see what swt say in their intial letter, there is always the chance that it could have been a tip off etc from a fellow traveller or any info gathered but we will see.
  13. Not entirely correct here and leads to confusion for the op and future readers.
  14. Could still potentially hear from them, its upto 24 weeks not 12.
  15. 21 days is not a maximum time limit, the norm is about 4-6 weeks before you usually hear from them, its almost certain that you will charged with a more serious offemnce under the Regulations Of Railway Act in this case, either for having no funds or false details or both. I fail to see why you took your chance to supply false details to the BTP, they more than likely wanted your number to clarify it was correct, theres no reason for BTP to be passed your number.
  16. I would suggest you speak with your daughter and ask her to give a full account of the incident as the story she has given has changed twice. 1st post about barriers and then 2nd post relate to putting money in the machine. If as Old-CodJA has pointed out you can prove a transaction occurred then a sertlement may be agreed BUT if it proceeds then they have a solid case on this incident.
  17. It would appear that using my mobile has meant i have commented after yourself.
  18. Not in this instance no. Your daughter failed to present a valid ticket, byelaw 18., unfortunately these are strict liability offences and no intent needs to be shown. What offence are FGW pursuing? FGW handle transpennine cases in house. Also again how old is your daughter and did the letter contain a summary of facts?
  19. If paid for on debit card check statements and see whether a transaction took place. Did they confiscate the receipt, if so can your daughter remember the receipt value?
  20. The receipt is always last to be printed on ticket vending machines TVM, may it have been a receipt from previous useage from another customer and a fault with the machine?
  21. If you are relating to ticket barriers they cannot eat tickets, if it was a failure the gate would not have opened to allow access, so i have to ask how did she enter the platform, was she with a friend? how old is your daughter, as if she is an adult it will be best she tries to resolve the issue with the train operator herself.
  22. You are correct that Conductors aren't authorised collectors, however, for the benefit of reporting a person for an offence, they become an Officer of the railway. It's just not practical for them to deal with such situations as they won't have been trained, plus have other, safety critical duties to take precedence. Any employee of a rail company is able to submit an MG11 witness statement, there's just no point in train all staff and giving everyone the facilities and time to do it, when there's people whose duties are to specifically target fare evaders and other law breakers.[/quote Yes that is what i meant to write stigy, i was just trying to imply in relation to inspectors and was trying to keep it simple.
  23. If it was so useless why ask for advice in the first instance!!!!!!!!!!!!!!!!!!!!!!!!!!
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