Fare Evasion/Using Someone Else's Travel Pass

[skiesthelimit1234]

Please help. I know this is the most stupidest thing anyone can do and I'm not making any excuses for it, however need some advice.

 

I offered my monthly travel pass to my husband as he was running late and I did not want him to miss his train, he took it without hesitation.

 

This morning he was caught using my monthly travel pass on the c2c with his own photocard. The inspector took both his photocard and the pass itself and said that he would be getting a letter about being fined and prosecuted for using someone else's pass.

 

We are both terribly concerned that he may get a criminal record, we will take on any penalty that comes our way as we know that this was a big mistake to do and the transport people take this offence very seriously. Can someone please advise on how he can avoid getting a criminal record as he doesn't want to have to lose his job and face embarrasement.

 

Please do not critiscise, we both know that this was a big mistake and regret it terribly. Any advice given is much appreciated.

[maroondevo52]

Hello and Welcome,

 

I'll move this thread to the appropriate Forum.

 

Regards.

 

Scott.

[Old-CodJA]

Yes, the TOCs do take this offence very seriously.

 

Unfortunately, this is one of those offences that was tested by the Appeal Court a very long time ago and the decision made that 'although the rail company has not lost any money, the traveller who uses another person's season has not paid their own fare'. (Browning & Floyd. 1946.)

 

The best course of action is to wait until you receive a verification letter from the rail company. This can take a few weeks sometimes because these offices are very busy, and then write back immediately to the office from whence the letter came.

 

Your husband should give a truthful account of what happened and why, ask if the company will accept a written apology and allow him to pay the full fare that is due and all of the reasonable costs incurred by c2c in dealing with your husband's misdemeanour, as an alternative to Court action..

 

They do not have to agree this, but may do if there is no record of any previous matter.

 

Good luck

 

.

Edited July 21, 2010 by Old-CodJA

[s.bridge]

Fair evasion may seem a trivial thing to the passenger, but in law you are technically commiting the offences of Fraud & Deception wich are serious offences.

 

Here in Greater Manchester, the Police continually travel on public transport with inspectors and will not hesitate to arrest offenders.

 

As trivial as it seems, these offences are taken seriously.

[Old-CodJA]

Fair evasion may seem a trivial thing to the passenger, but in law you are technically commiting the offences of Fraud & Deception wich are serious offences.

 

Here in Greater Manchester, the Police continually travel on public transport with inspectors and will not hesitate to arrest offenders.

 

As trivial as it seems, these offences are taken seriously.

 

Yes, fare evasion is a serious matter, and it does not fall just to the Police to arrest in respect of serious cases. PACE trained RPIs also have a power of arrest for offences under Section 5.3.C of the Regulation of Railways Act (1889) too, but the answer I gave was in relation to the OPs question about the effect of any criminal record.

 

In the scale of criminal matters, conviction for this offence remains low level.