Uni friend received penalty and said it wasn't him

[Croboy]

Hi, a mate from Scotland was using metro system in newcastle a few months back and got a penalty fare for no ticket. He didnt pay, received an £80 fine and rang them to say it wasnt him and someone else must have given his details. He signed a form and sent it back. Will that that be the end of it or could they look at CCTV? Whats to stop someone from saying it 'wasnt me' (shaggy defence).

Ps it was a 'friend' and not me-im just interested if he'll get any further bother?

 

[cuccir]

They certainly could choose to investigate further. It's likely that whoever interviewed your friend took a basic description of him, and might be able to identify him if required. CCTV could also be used - Nexus (who run Tyne and Wear Metro) have and record CCTV footage at all their stations.

It's up to Nexus as to whether they want to investigate. Many train operating companies would, and upon discovering that your friend had lied about being caught, they would probably seek to prosecute under the Regulation of Railways Act 1889, with the lie being taken as a deliberate attempt to avoid paying the fare.

I don't know, however, if this particular legislation applies to the Metro? Certainly, at the very least, if Nexus continue to investigate then your friend would be open to prosecution under the Metro Byelaws.

 

[ainsworth74]

I don't know, however, if this particular legislation applies to the Metro?

As far as I am aware it does.

 

[maniacmartin]

The Tyne & Wear Passenger Transport Act 1979 may be of interest. Look at section 5 (Avoidance of Fare) on page 4.

This act also states in 5(7) that section 5 (which covers avoidance of fares) of the Regulation of Railways Act does not apply to 'specified' services. Whatever 'specified' means I do not know.

 

[transmanche]

It's up to Nexus as to whether they want to investigate. Many train operating companies would, and upon discovering that your friend had lied about being caught, they would probably seek to prosecute under the Regulation of Railways Act 1889, with the lie being taken as a deliberate attempt to avoid paying the fare.

They actually use the Tyne and Wear Passenger Transport Act 1979 instead. In response to an FoI request in 2012, Nexus said:

Please note that prosecutions by Nexus were undertaken both under the Byelaws and under the Tyne and Wear Passenger Transport Act 1979. No prosecutions were undertaken under the Regulation of Railways Act 1889.

 

[island]

An £80 fine? Metro issues £20 penalty fares. Who did he ring to say it wasn't him?

 

[Croboy]

If you dont pay the £20 it then becomes £80.

 

[185]

A thorough person description is usually taken, I believe at Nexus Metro.

 

[GadgetMan]

Hi, a mate from Scotland was using metro system in newcastle a few months back and got a penalty fare for no ticket. He didnt pay, received an £80 fine and rang them to say it wasnt him and someone else must have given his details. He signed a form and sent it back. Will that that be the end of it or could they look at CCTV? Whats to stop someone from saying it 'wasnt me' (shaggy defence).

Ps it was a 'friend' and not me-im just interested if he'll get any further bother?

Very stupid strategy. If he gets summoned to court and the RPO attends then he will be recognised. Did your mate have to sign the penalty fare? Chances are the form he signed and returned denying all knowledge will have a identical/similar signature on unless he faked that too.

 

[455driver]

He is either very clever and has covered all the bases, or he is very silly and just digging a huge hole for himself!
Guess which one my money is on?

Bearing in mind how long people have been trying to get away with it, does he think he is the first one to try this?
There are many ways to catch him out and when they catch him (and they will catch him, not catching him will just encourage more people to try it) £80 will look like a drop in the ocean.

Could you keep us informed please, I like a good laugh!

 

[GadgetMan]

He is either very clever and has covered all the bases, or he is very silly and just digging a huge hole for himself!
Guess which one my money is on?

Bearing in mind how long people have been trying to get away with it, does he think he is the first one to try this?
There are many ways to catch him out and when they catch him (and they will catch him, not catching him will just encourage more people to try it) £80 will look like a drop in the ocean.

Could you keep us informed please, I like a good laugh!

When he gets caught out, he'll need help to avoid a criminal conviction due to planned career choice. Obviously this whole saga will be out of character and they are otherwise completely honest citizens and will have no idea why they behaved in such a way.

 

[455driver]

When he gets caught out, he'll need help to avoid a criminal conviction due to planned career choice. Obviously this whole saga will be out of character and they are otherwise completely honest citizens and will have no idea why they behaved in such a way.

Yoo made I larff!

 

[jkdd77]

It sounds like this may be even more serious than fare evasion- namely, an attempt to pervert the course of justice:
http://www.cps.gov.uk/legal/p_to_r/public_justice_offences_incorporating_the_charging_standard/#a03
(ask Chris Huhne and Vicky Price how well that turned out for them!).

That said, I very much doubt that that particular offence would be pursued in this case.

 

[Flamingo]

That said, I very much doubt that that particular offence would be pursued in this case.

More's the pity...

 

[Croboy]

Do you think if he went cap in hand and paid the £80 and apologised for saying it wasnt him that would make them (a) prosecute (b) accept that or (c) should he just ride it out and see if they dont follow it up.

 

[carriageline]

It's probably too late for that now? He didn't have a ticket, then he lied to them. It's a pretty open and close case surely?

 

[ainsworth74]

If he went 'cap in hand' offering to pay the £80 and any administration costs they've incurred dealing with this situation they may (and I stress may) be willing to settle the matter. However, as indicated above, this really is a slam dunk for them so they may well decide to prosecute rather than settle.

 

[DownSouth]

If he went 'cap in hand' offering to pay the £80 and any administration costs they've incurred dealing with this situation they may (and I stress may) be willing to settle the matter. However, as indicated above, this really is a slam dunk for them so they may well decide to prosecute rather than settle.

Unless a settlement would net them more cash and fewer expenses.

 

[falcon]

Hi, a mate from Scotland was using metro system in newcastle a few months back and got a penalty fare for no ticket. He didnt pay, received an £80 fine and rang them to say it wasnt him and someone else must have given his details. He signed a form and sent it back. Will that that be the end of it or could they look at CCTV? Whats to stop someone from saying it 'wasnt me' (shaggy defence).

Ps it was a 'friend' and not me-im just interested if he'll get any further bother?

If a description of the individual concerned was sent to the prosecutions department when GNER had the east coast route I know they have on occasion sent the BTP to the address to check the ID issue out.

 

[Deerfold]

Unless a settlement would net them more cash and fewer expenses.

For a case like this it'll be harder for the person involved to show they've learnt their lesson so they may still not go for a settlement.

 

[6Gman]

Unless a settlement would net them more cash and fewer expenses.

Wouldn't they balance the immediate financial benefit of settlement (they get the money, not the courts) against the longer-term benefit of a deterrent through the courts?

Could go either way - but a hell of a risk for the person involved!

He evaded the fare. He lied. He's in the ****

No sympathy.

 

[talltim]

Perhaps he's hoping that Scottish devolution will happen before they catch up with him and that there is no extradition treaty

 

[Stigy]

It sounds like this may be even more serious than fare evasion- namely, an attempt to pervert the course of justice:
http://www.cps.gov.uk/legal/p_to_r/public_justice_offences_incorporating_the_charging_standard/#a03
(ask Chris Huhne and Vicky Price how well that turned out for them!).

That said, I very much doubt that that particular offence would be pursued in this case.

That wouldn't be applicable in this instance as it's a Penalty Fare matter until they decide to cancel it and take the matter to cour. Therefore, as it stands it's a civil matter without the courts involvent. If he tried the same stunt with the court, or under criminal investigation by the Police etc, matters could, as you say, be much worse.

 

[DownSouth]

Perhaps he's hoping that Scottish devolution will happen before they catch up with him and that there is no extradition treaty

He'd also be wanting to ask the Spanish and French to veto any EU membership application from pos-secession Scotland - he wouldn't want to end up with a European Arrest Warrant and having to cower away in the embassy of a third world banana republic.