Son was cautioned before he even set foot on train!

[Bargaingirl]

Hi, I have disabilities not that it really matters in this case, but my son purchased a child ticket of £2.10 instead of adult £4.20 due to insufficient funds, he needed to get home to me quickly. The Collections Officer asked his name, age at first he did say he was younger, but panicked and said No I am sorry I am 18 but didn't have enough money for a adult ticket and need to get home to my mum. He was then asked his name and address and cautioned. By this time my son was in a real state and asked what it meant, the guy just chanted the caution again and said sign for your name and address and gave him slip of paper. All this before he even set foot on the train!. He was stopped at the barrier!

 

Is this fair should you get taken to court before even being told you have to pay a penalty fine.

[Old-CodJA]

Hi, I have disabilities not that it really matters in this case, but my son purchased a child ticket of £2.10 instead of adult £4.20 due to insufficient funds, he needed to get home to me quickly. The Collections Officer asked his name, age at first he did say he was younger, but panicked and said No I am sorry I am 18 but didn't have enough money for a adult ticket and need to get home to my mum. He was then asked his name and address and cautioned. By this time my son was in a real state and asked what it meant, the guy just chanted the caution again and said sign for your name and address and gave him slip of paper. All this before he even set foot on the train!. He was stopped at the barrier!

 

Is this fair should you get taken to court before even being told you have to pay a penalty fine.

 

 

I understand that as you were not present, you can only go by what your son has told you.

 

You don't say which rail company this happened on, so we cannot say for certain whether this is an area where Penalty Fares can be applied, however in a case where an attempt to avoid the correct fare is evident, a penalty fare is not the appropriate response from any inspector.

 

Harsh though it may seem to some and I fully understand the financial difficulties that may face many people, but it is not the rail company's responsibility to carry any traveller who cannot pay the correct fare that is due.

 

An adult, over 18 years who attempts to avoid the correct fare in this way does commit a criminal offence. The legislation makes this very clear and Section 5.3 of The Regulation of Railways Act (1889) opens by saying 'If any person travels, or attempts to travel without having previously paid his fare and with intent to avoid payment thereof.......'

 

An attempt by an 18 year-old to use a child rate ticket, (valid only for persons from 5 to 15 years old inclusive) in order to travel, is an attempt to avoid his fare.

 

Any P.A.C.E trained inspector who detects an adult traveller attempting to avoid a fare is right to caution, question & report that matter.

 

You say that your son initially 'did say he was younger' and any attempt to mislead the inspector with incorrect details would further confirm the evidence to report the offence.

Edited September 30, 2013 by Old-CodJA

[Bargaingirl]

Thank you for reply even though I didn't want to hear that answer, in black and white I know it is so

 

It was a Fcc train. Anyway I have called them and arranged an out of court settlement I certainly do not wish my sons life ruined by a lack of funds to pay £2.10

[Stigy]

Sounds like a good result in the end. Please also bear in mind, that most staff have heard all the excuses under the sun including being told they have to urgently get somewhere. The correct thing to do would have been to speak to staff and see if they could help, rather than evading the correct fare. They might be more accommodating that you or he believes they'd be.

[gigs]

Just curious, and apologies for asking a theoretical if it's unwarranted but what happens if you get on a bus that doesn't move, get caught by a ticket inspector. You want to get off the bus before it moves but are forced to stay on board until it moves and thus have used services between stop A-B.

 

If you where allowed off but hadn't used any services does it still count (as a valid appeal against a fine)?

[bg5067]

Just curious, and apologies for asking a theoretical if it's unwarranted but what happens if you get on a bus that doesn't move, get caught by a ticket inspector. You want to get off the bus before it moves but are forced to stay on board until it moves and thus have used services between stop A-B.

 

If you where allowed off but hadn't used any services does it still count (as a valid appeal against a fine)?

 

I think once you get on the bus you showed intent on using there services