bb21
Emeritus Moderator
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- 4 Feb 2010
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Please use the appropriate area to arrange meets 
Meanwhile please keep on topic here.
Meanwhile please keep on topic here.
Please use the appropriate area to arrange meets
Meanwhile please keep on topic here.
This would take about 4 seconds to deal with in court - it's not in the least significant and it will almost certainly be immediately written-off as a minor clerical error.It does make me wonder if my signing or not the PFN is actually an important thing for the Prosecution to have put down on paper - as it was stressed that I did when it plainly can be shown I didn't it could be taken that there was some motive for doing that. Or it could have been an error, I would accept, if told so.
Well, it may be relevant if there was a notice at the origin station which says something like 'buy on board when ticket office is closed'.The display or not of posters (or leaflets, paintings, murals, &c.) is completely irrelevant to the success or not of a prosecution for joining a train without a ticket
The display or not of posters (or leaflets, paintings, murals, &c.) is completely irrelevant to the success or not of a prosecution for joining a train without a ticket. I am very confused as to why members continue to make reference thereto.
I'd guess the defence solicetor will have no problem riding a coach and horses through it, then.I have read this thread with interest. Two blacks don't make a white - if indeed samshoot did commit a byelaw offence, it is unsatisfactory to say that fabrications in an inspector's statements should be disregarded.
I am fundamentally against the sloppy standards employed by some elements of the railway industry where it comes to revenue protection. Some Train Operating Companies have people in revenue protection jobs who can barely put together a legible report, let alone ensure that their reports are articulate, objective and factual. I've read some reports written by inspectors and the quality has been shocking. If enforcing the law against somebody, the TOC should first ensure that their own house is in order.
If the facts alone are sufficient to secure a prosecution, it begs the question of why some revenue staff feel the need to embellish their reports with fanciful fabrications. If what samshoot says about the report is true, I should hope that the entire report is deemed inadmissible and the case proceeds on sound evidence, should it reach court.
If the facts alone are sufficient to secure a prosecution, it begs the question of why some revenue staff feel the need to embellish their reports with fanciful fabrications. If what samshoot says about the report is true, I should hope that the entire report is deemed inadmissible and the case proceeds on sound evidence, should it reach court.
I have read this thread with interest. Two blacks don't make a white - if indeed samshoot did commit a byelaw offence, it is unsatisfactory to say that fabrications in an inspector's statements should be disregarded.
I am fundamentally against the sloppy standards employed by some elements of the railway industry where it comes to revenue protection. Some Train Operating Companies have people in revenue protection jobs who can barely put together a legible report, let alone ensure that their reports are articulate, objective and factual. I've read some reports written by inspectors and the quality has been shocking. If enforcing the law against somebody, the TOC should first ensure that their own house is in order.
If the facts alone are sufficient to secure a prosecution, it begs the question of why some revenue staff feel the need to embellish their reports with fanciful fabrications. If what samshoot says about the report is true, I should hope that the entire report is deemed inadmissible and the case proceeds on sound evidence, should it reach court.
Once I chose to dispute the PFN the cost went up - giving more incentive to fight it. The reasons given not to pay the PFN were good enough to show non-compliance - stating "no signature - lost right of appeal" invalidates the PFN, for a start, so why no civil claim for £20/40/60 instead of a 'surprise' summons because of an unstated £3.40? Why be less than candid and completely explanatory of their intentions at all times? Why not say "pay £3.40 to avoid the Magistrates and we'll have to County Court you for the rest"?
Because you've refused to pay the penalty fare to dispose of this they have cancelled the penalty fare / admin costs. The amount they are asking from the court is the price of a Standard Day Single from Birmingham New Street to Longbridge. I believe this is standard procedure
So why didn't they say they wanted £3.40 before issuing the summons?
Hang on a minute how do we know the RPI embellished the report or fabricated anything??
Because they didn't want you to pay £3.40 if they did they would have stated that. You were liable to pay a £20 Penalty Fare but refused to then the admin charges racked up.
Because of that they have went to the court wanting the original fare due + costs (over £100) and they'll probably be a Victim Surcharge (about £20) added on and this is before we get to the fine (which goes to the court not London Midland)
Because they didn't want you to pay £3.40 if they did they would have stated that. You were liable to pay a £20 Penalty Fare but refused to then the admin charges racked up.
She wrote 'New Street' - a lie.
She said 'verbally gave address' - a lie.
Said 'given copy of PFN' - a lie.
She said 'signed' PFN - a lie.
They say 'no response' - a lie.
If you don't know something to be true then why say it is? Because you can't be bothered to check your own facts which you wrote down?
They obviously must have wanted £3.40 as they are now asking a court to order payment of it. Asking first wasn't possible, then?
--- old post above --- --- new post below ---
Not refused to pay - disputed validity of PFN which was incorrectly issued.
Operators may only charge penalty fares to people who are a travelling by, present on or leaving a train which is named as a penalty fares train by an approved penalty fares scheme;
18. Ticketless travel in non-compulsory ticket areas
(1) In any area not designated as a compulsory ticket area, no person shall enter any train for the purpose of travelling on the railway unless he has with him a valid ticket entitling him to travel.
(2) A person shall hand over his ticket for inspection and verification of validity when asked to do so by an authorised person.
(3) No person shall be in breach of Byelaw 18(1) or 18(2) if:
(i) there were no facilities in working order for the issue or validation of any ticket at the time when, and the station where, he began his journey; or
(ii) there was a notice at the station where he began his journey permitting journeys to be started without a valid ticket; or
(iii) an authorised person gave him permission to travel without a valid ticket.
Birmingham New Street is not a lie that's where you joined the train for purposes of the PFN (Penalty Fares are based where you joined the train not where you started your journey).
She did not write the facts down they are pre printed. You would have been offered a copy if you didn't accept then that's your own fault and would make you look worse in court. Forgetting to state "refused to sign on the statement" is a mistake but again do you think that's going to make you look good in front of a judge / magistrates and the TOC will have a copy of the Penalty Fare Notice
You had more than one chance to pay for your journey and refused, you were offered a chance to atone by paying a legitimate penalty fare (Ticket machines ignored at Sandwell and Dudley, chance to pay at Birmingham New Street not taken) again this was refused. To be honest in court they don't really need to mention the Penalty Fare as this isn't what they are asking for they just have to ask
Did you board the train from Birmingham to Longbridge without a valid ticket?
Was there an opportunity to buy at the start of your journey?
Were there any notices, signs or did anybody permit you to travel without a ticket for your journey in particular the service from Birmingham to Longbridge?
If the answer to the first two is yes and the answer to the third point is no then sorry you'll be found guilty if you carry down this path and you'll just be looking at damage limitation
No opportunity to buy ticket at "start of journey" - but was at New Street. So one "no" - does that help?
Admitting the offence should make me look better, all facts considered, but even if they all were, I wonder if would matter to the court that I didn't just ignore it all as incorrectly stated?
I am disappointed to see that the discussion is still going down rabbit-holes and minutiae of validity of penalty fares.
The offence charged is not failure to pay a penalty fare. It is failure to have a ticket when joining a train. Any defect in process in issuing a penalty fare bears no relevance to whether this offence has been committed or not.
Nothing obliges a Train Operating Company, having detected a crime, to accept payment of any amount, whether that be £3.40, £20, or anything else, in return for ceasing to pursue the matter.
It would be most helpful to (and for) the OP to concentrate on the prosecution issue and the reliability of witnesses rather than continuing to discuss the finer details of a penalty fare notice which has in any case almost certainly been cancelled.
I am disappointed to see that the discussion is still going down rabbit-holes and minutiae of validity of penalty fares.
The offence charged is not failure to pay a penalty fare. It is failure to have a ticket when joining a train.
It would be most helpful to (and for) the OP to concentrate on the prosecution issue and the reliability of witnesses rather than continuing to discuss the finer details of a penalty fare notice which has in any case almost certainly been cancelled.
Sorry I'm a bit lost here, so my question might be incorrect, but how did you appeal the PF if you never received a copy? I'm pretty sure you are meant to send a copy of your PF to the appeals address
Why not just tell the whole truth, in other words? If they asked for £20 then why say later that they expected payment of £3.40?
Once I chose to dispute the PFN the cost went up - giving more incentive to fight it.
Why not say "pay £3.40 to avoid the Magistrates and we'll have to County Court you for the rest"?
So why didn't they say they wanted £3.40 before issuing the summons?
I'll stir the brown stuff and say that there was also an opportunity to pay onboard the Virgin Train as all TMs carry Avantix machines.Anvil1984:1800766 said:No opportunity to buy ticket at "start of journey" - but was at New Street. So one "no" - does that help?
Admitting the offence should make me look better, all facts considered, but even if they all were, I wonder if would matter to the court that I didn't just ignore it all as incorrectly stated?
There was an opportunity at the start of the journey, we've demonstrated now by various methods that there is a ticket machine there (not seeing it is not a defence unless you can prove it was unfairly hidden in a place no one could see it). You've had more than 1 opportunity to pay before boarding the Birmingham to Longbridge train once at Sandwell and another at Birmingham
Have heard nothing since posting so hopefully that's the end of the matter.
Thanks for all the advice - very much appreciated.
I'm not sure how long they have after issuing the original summons before they can issue a new one. I wouldn't think you're out of the woods just yet.