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While I was working from home one day recently (a rare occurence), a friend came over to leave their car at my house while they got the train. They said to me: "If you're not going to work today, would I be able to use your season ticket?". Without thinking it through, I stupidly handed it over - it seems so obviously assinine now... Of course, my friend got stopped and the season ticket was confiscated. My friend gave their details and paid the fare for the journey telling the railway official the truth and expressing remorse. Initailly they tried to protect me by saying that I had no knowledge of them having the ticket, but when the railway official threatened to call the police about an alleged theft, they quickly changed their mind and told the truth. The railway official implied that this was the end of the matter as far as my friend was concerned. I wonder whether anyone can help me with what happens next, both to me and to the person who used the ticket. I have read through some of the threads on this subject and many talk about what happens to the person who used the ticket, but not the original owner. I have never loaned my ticket before and will obviously never do so again. Will we both be written to with the intention of prosecution? In other threads, the advice given to the individual using the ticket is to write showing remorse for utter stupidity and a first offence and offering to cover costs etc.. Would this approach also be recommended for the individual who owned the ticket? I would be grateful for any help or advice please as I am pretty mortified and worried about what will happen. Thanks

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A person convicted of the offence referred to below may be subject to a fine of up to £1000. This is a strict liability matter

 

 

National Railway Byelaw 22. Fares offences committed on behalf of another person

 

(1) No person shall buy a ticket on behalf of another intending to enable another person to travel without having paid the correct fare.

(2) No person shall transfer or produce a ticket on behalf of another person intending to enable that other person to travel without having paid the correct fare.

 

 

Now, having said that I should qualify it immediately by saying, DO NOT WORRY UNDULY

 

If you do not receive a letter from the company, you are unlikely to face any action, BUT under the terms & conditions of issue, the season ticket will have been confiscated for misuse given that your friend has admitted that you were complicit in their attempt not to pay. You could face a charge of breach of Railway Byelaw 22.2 (2005)

 

I expect that you will get a letter shortly, I would not do anything until you receive that correspondence and then come back and tell us exactly what the letter says.

Edited by Old-CodJA

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Thanks very much for the rapid reply, I will come back once I have received a letter.

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You've pretty much lost your season ticket though. You won't get a replacement, regardless whether they prosecute you or not.

 

There is actually case law where someone got prosecuted for "aiding and abetting" the avoidance of a rail fare by transferring a ticket.

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Hi, it's now been over 6 months since this occurred and I have heard nothing. Is this likely to mean the ToC decided not to take it any further?

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Yes, it would seem that they probably feel the retention of your season is sufficient ticket action in this instance

 

In very rare cases it may be that the TOC does not apply for a summons until the six months are almost up, but I doubt that is the case in this instance

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