wife used my season ticket

[Papas1]

Dear Sir/MadamMy wife was caught using my train season ticket 10 days ago, she was travelling to Glasgow city centre. I ve tried to find other cases involving Scotrail but I have not managed to find any on the forum. The ticket inspector confiscated her card and the ticket and she was asked to provide a name and address and a telephone number to return the ticket once "they dealt with it". She paid the full fare for the journey. She did not sign anything or cautioned. She is not a regular traveler (3-4 times per year). I really wanted to ask the experts in your forum if they have any experience dealing with Scotrail (what`s their usual policy on this matter?). We have not not received any official communication from anyone yet. I would really appreciate any help or advice on this matter. I got really worried reading the other mails from the other rail companies.Kind regards

[Old-CodJA]

The legislation is the same in Scotland as in England & Wales, but in my experience Scot Rail are frequenlty prepared to at least consider alternative disposals if there is no compelling reason to prosecute.

 

North of the border the prosecution (if that's what follows) will normally be done via Police & CPS. Although there is no obligation to always go through the Police and the TOC could bring a private prosecution, the case would be put by a lawyer who has right of audience under the slightly different Court system.

 

If I were you, I would do nothing until you receive a letter from Scot Rail. Although your wife paid the full fare after being detected, this does not prevent a prosecution if Scot Rail are so minded.

 

Section 5 of the Regulation of Railways Act [1889] makes clear that the rail users fare must be previously paid and legal precedent in the case of Browning & Floyd (1946) ruled that, although the rail company may not have lost money, the traveller, Browning was using his wife's season ticket, had not previously paid his fare.

 

It is also an offence to knowingly transfer a ticket with intent that one person assists another traveller to avoid paying their fare. Aiding and abetting an offender in this way can have serious repercussions and is a prosecutable offence in its' own right contrary to National Railway Byelaw 22.2 [2005].

 

The best advice that I can give is to wait until you hear from Scot Rail, then you will know what you have to respond to and where the report is being dealt with.

Edited December 18, 2012 by Old-CodJA

[Papas1]

Thanks very much for your kind reply and all the information. We are going to wait and see if anything happens. I will keep you up todate if we hear anything back.Thanks again