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Being taken to court by first capital connect


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Hi, I'm hoping someone can help. A perk of my job means I and my OH get free travelcards. He boarded a wrong train at finsbury park and ended up going all the way out to welwyn garden city which was the first available stop. He'd phoned to tell me and I arranged to collect him from Potters bar. When he got the train back to potters bar his travelcard didn't work as it was outside of the allowed zones. He explained that he'd got on the wrong train and asked to buy a ticket and was told be couldn't. He asked if he could pay the fine and they said he couldn't. They took his pass number and then wrote to him saying they were taking him to court but he could write in with his side of the story. After writing in and explaining things, we've now recieved a letter saying that due to further evidence they're taking the case forward. Really worried now because I'm thinking the further evidence is that he has a staff nominee pass which obviously didn't and wouldn't allow him to go to Potters bar, and I'm worried that as a consequence my employers will revoke our travelcards. Can he still appeal this? He had no intention of evading the fare and for all the aggro and cost a court case would cause just seems mad! Is there anything we can do?

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I wonder if there are details that you haven't told us. A lot of railway prosecution teams don't enjoy 'doing their own'. Don't give specifics in open forums, but is it possible that you live nearer to Potters bar than the edge of the zones where the staff Oysters are valid? Is it possible that there was a row between you/you partner and the ticket examiners?

 

Is it possible that the Oyster shows a history of 'failing to touch out' which might suggest to the ticket examiner that this is a regular habit?

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Not accusing you & your 'OH', but a common trend in these threads is a first post that makes him as innocent as 'The Lamb', and then a slow progression to a point where even Rumpole would say 'hang him'.

 

Staff travel privileges may be revoked if there is a clear abuse of them, and prosecution is a possibility, if the evidence is solid. At this point of the thread, 'we' don't have a particularly full picture.

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Hi

As far as my OH has told me he wasn't aggressive although he would have argued his point I know he would but he hasn't said anything more. In terms of where we live, were technically in London not too far from the underground, but we use FCC an have had our tickets inspected numerous times and there's been no problem. Im going to check the pass guidelines when I get to work today as I haven't looked at them since i got it and until earlier this year I lived in central London. No we don't tend to touch out andeven before we and I had the pass we never touched out anyway.

 

I'll check the pass guidelines. I've already told my boss about the fine because I wasn't sure whether to approach staff travel myself but only because I was concerned that he'd get in trouble for going to Potters bar, even though it was an honest mistake on his part, not because I thought we could have been abusing our cards in general. Ive sat in on fact finding meetings at work where ppl have been caught using their partners staff pass and I really don't want to go through that and wouldn't knowingly abuse it, it's too valuable to lose :-( so I will keep my boss updated and my OH will contact FCC today by phone and letter.

 

I will report once I've looked at the pass rules today

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Hi again

 

Ok ive checked the pass use guidelines, were actually not allowed to use them on FCC apart from finsbury park to moorgate. So am in the poo there big time! I don't get why it never flagged it up when we've Bern stopped before? And what's really annoying is that we cools have just been getting a straight tube from home to work with one less changeover each way! So big only is there an issue with being prosecuted, I could now face disciplinary action which could lead to dismissal! I live my job, I don't want to lose it! Am actually pretty distraugt right now, need to speak to my manager. What makes it all worse is that I work in a department which implements and oversees disciplinary action and they'll probably want to make an example out of me

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Hi Help

 

I think the important thing to do is keep your boss informed, if your good at your job and you add value to the company or organisation then I don't think it will come to that. I think you just need to be honest with these guys. Other people probably use the Travel Cards in the same way. If you'd been pulled up about it before then

you would of been made aware. I think you need to keep everything in perspective.

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Hi again

 

I spoke to my manager and he's noted it, and said that he doesn't think it needs to be escalated as I've told him the situation. My OH spoke to FCC and they've offered to settle for £300 so were going to do that. Hopefully it means that there will be no flagging up about our staff passes and were going to change our route into work by getting the tube the whole way there. So thanks for your help , seems to have been sorted out :-)

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Hi again

 

I spoke to my manager and he's noted it, and said that he doesn't think it needs to be escalated as I've told him the situation. My OH spoke to FCC and they've offered to settle for £300 so were going to do that. Hopefully it means that there will be no flagging up about our staff passes and were going to change our route into work by getting the tube the whole way there. So thanks for your help , seems to have been sorted out :-)

Hi,

 

That looks to be a good result then! I'm sure you'll agree that £300, although alot of money to anybody, is better in the long run than the same amount in a court fine and a conviction (not to mention the reprocusions for employment!)! It might have been that on previous occasions the staff saw it was a staff/spouse pass and either ignored the fact that your OH was unable to use it ion certain services, or simply didn't know the rules & regs for that type of pass. Guards and Conductors would usually tell you about it, if just to earn their commision in a ticket sale, unfortunately it looks like an RPI saw th OH this time round!

 

I work for a TOC and only when my job role changed to that of more of an enforecement role, did I actually have a looksy at the smallprint on my staff pass. I also checked the print on the reverse of my staff parking permit. I would erge everybody to do the same, because companies tend to issue these passes and have you sign for them, but don't really emphsise on the rules and regs!

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