Season ticket confiscated

[furlong]

the police can take my flatmate to court for theft

Are you familiar with the legal definition of theft? If not, look it up (Google) and consider how closely what you know about what happened would match against that definition.

 

[maniacmartin]

It's interesting how different TOCs have different ways of dealing with things. Since I brought up the police thing as a possible way that things may end up, I would like to add that this is because in another similar thread a different TOC insisted on it lest they conclude the original ticketholder was complicit.

However, as FCC aren't taking that line, I don't think it will be necessary.

 

[bb21]

The reason I am reluctant to make a report it because I don't want to land my flatmate with another charge of theft if the TOC aren't prosecuting for that anyway, I fear that once I report it the police can take my flatmate to court for theft and it will be out of my hands, he would much rather just pay for my train fares, if there was a way to get the ticket with no charge of theft for my flatmate I would take that but it doesn't look possible

Another?

Perhaps you need to consider carefully what might be "borrowed" next time.

 

[Anon136]

Another?

Perhaps you need to consider carefully what might be "borrowed" next time.

I didn't mean another theft charge, he currently has a clean record but I'm aware that he is likely to get a conviction under railways act, I don't want to add theft to the list!

 

[island]

If the OP reports the ticket as stolen and gets the crime reference number, then the OP can probably begin to seek to get a replacement season ticket legitimately. The TOC can still continue to take its action against the flatmate caught with it.

It is unclear whether a crime of theft has been committed. Theft requires, inter alia, an "intent to permanently deprive" another of an item and "dishonest appropriation" (s1 (1) Theft Act 1968). If the OP and his flatmate had an understanding (implicit or explicit) that they could share property (as Nick W alludes to, then there was no dishonest appropriation. If the flatmate intended to give the ticket back that evening, there was no intent to permanently deprive.

But this is not the case. The OP and his housemate have a mutual understanding that they may borrow each other's property without explicit permission. In this case, however, the property concerned was not the OP's, but the TOC's property. Therefore, the crime is not against the OP, but the TOC.

This is going along the right path (a crime has been committed of travelling without the payment of fare) although the ticket belongs to the OP for the purpose of the Theft Act as he had possession or control of it (s5 Theft Act 1968).

 

[Nick W]

It is unclear whether a crime of theft has been committed. Theft requires, inter alia, an "intent to permanently deprive" another of an item and "dishonest appropriation" (s1 (1) Theft Act 1968). If the OP and his flatmate had an understanding (implicit or explicit) that they could share property (as Nick W alludes to, then there was no dishonest appropriation. If the flatmate intended to give the ticket back that evening, there was no intent to permanently deprive.

I have no doubt that the police would simply log it as "no action taken, case closed".

 

[Tetchytyke]

I have no doubt that the police would simply log it as "no action taken, case closed".

Indeed, but with a crime reference number it may be easier to argue that the ticket was "lost or stolen", allowing return of the ticket using the TOC's procedures.

As it stands, FCC clearly think the OP was complicit in the situation, otherwise he'd be getting his ticket back. If it had been a stranger stopped with the ticket the TOC wouldn't be objecting to the issue of a replacement.

 

[jon0844]

I have no doubt that the police would simply log it as "no action taken, case closed".

Standard procedure for most things these days then! (Ducks)

 

[island]

Surely the police can't issue a crime reference number for something that was not a crime?

 

[Emyr]

"crime reference number" is probably a misnomer, but I'd expect one to be assigned to identify a formally-recorded event.

 

[telstarbox]

Surely the police can't issue a crime reference number for something that was not a crime?

They will give you a Police Incident Number for anything 'reported' eg a lost wallet - sometimes this is needed for insurance claims, etc.

 

[DaveNewcastle]

As I tried to say back in post #14 of this thread, there is no real point in involving the Police in this. No point for either party. it isn't helping the OP to continue that discussion.