• Our new ticketing site is now live! Using either this or the original site (both powered by TrainSplit) helps support the running of the forum with every ticket purchase! Find out more and ask any questions/give us feedback in this thread!

Invalid Carnet Ticket Nov 2015

Status
Not open for further replies.

Mas250

New Member
Joined
21 Dec 2015
Messages
2
Need Advice!

It was early November since the incident happened I received the letter from the prosecution office for not having a valid ticket.

I bought carnet ticket in May between High Wycombe and London Marylebone for some of my contract work in London. As my contract work has finished and I still have one set of return ticket left, I decided to sell it to someone else before its validation period is expired on in two days. If I could not sell it then I would use them for myself.

In the morning I went to High Wycombe Station to sell the tickets. When I was trying to sell the tickets to people who were queuing at the ticket office, a male staff of the station in the ticket office asked what I was doing, I told him the reason why I was there. He then told me that the station is the private property and I was not allowed to sell tickets there and I should do it outside the station area.

I then stood outside the station area for about 10 minutes to sell the tickets. I then decided to go to the other side of the station to try my luck. After a while two station staff appeared, one was the original one who asked the questions. They told me that although I was outside the ticket office area, I was in the car park, which is still Chiltern Railway's property.

At that moment I decided that I would use the tickets for myself to go to London. I asked them if I could borrow a mask pen to write down the date on to the ticket. The two staff and the male inspector who was for the train said they did not have the pen. I then said in that case I would use my own pen to write down the date on the ticket. I did so and boarded the train.

At Marylebone Station, at the electronic ticket barrier when I was giving my ticket to the staff there, I heard some shouting from behind to stop me. It was obvious that the staff at High Wycombe had informed their colleague in London and I was also monitored by the conductor on the train. The railway staff came with the conductor on the train whom I recognise, and another gentleman. He asked me if I would talk with him, or I would be handed to the police (it turned out that the other gentleman was a plain clothed police who showed me his ID). I said I had no problem to talk to him. The police left at that point.

The inspector then accused me of trying to sell the railway ticket illegally and I was using an invalid ticket. He threatened me that the staff at High Wycombe had rang here and I would be brought back to High Wycombe to face charges and they have CCTV recording to prove it.

In addition I was asked to pay the penalty fee or I will be handed to the police. At that time I was very angry and refused to pay any penalty as I was having a valid ticket and as far as I understand, I have the right to transfer ticket to other people. At that time they asked another police to join us. In my impression this plain clothed police is higher in rank and was not on duty for this. He asked what the issue was and asked another younger police in uniform, who was on duty at the station (for security duty in my opinion) to help, and if necessary to report back to him, then left to board a train. The police on duty asked the detail then said it was a dispute between the railway and passenger only, and as no issue regarding the public order and safety involved, he would not interfere. I was angry but calm, no dirty word was exchanged.

As I deny to have done anything wrong and refused to pay the penalty, the gentleman staff member asked me to fill a form and said I would be handed to the police and put to prison. I filled the form, in which I was asked about my name, address, my ID (driver licence), birthday, even my height, build, hair colour, eye colour, clothing and footwear etc.. I then asked to sign the form. No reason why the ticket is invalid was given in the form and I took the photo immediately after I signed it.

To my surprise after I had signed the form I was told that I could go! I asked if I would not be handed to the police and put into prison, they said that I should just go. I wasted about 2 hours on the dispute.

On reflection the whole thing was because the railway staff were not happy that I was trying to sell the ticket (although once they told me I could not sell them in the station I followed their advice accordingly and immediately) and tried to punish and humiliate me to pay the penalty fee.

I have a photo of my ticket and the form I filled. The ticket was smudged but was so clean that a normal smudged one would have much more ink on it. The dent on the ticket was clear that the correct date was on the ticket and it was obvious I made extra effort to write down the date.

Once I received the letter I emailed the prosecution office (offices at about 0900 in the morning ) to keep the CCTV recording at platform 3 (to London) and the two ticket. There were at least 13 hours to the day the incident happened. They never replied. I asked again a week later and was told that as the CCTV recordings were kept for 30 days they have been overwritten. However as I said, at the time I emailed them in early morning they should have at least 13 hours to do that.

I would be grateful if any of you can give me advice.

P.S the train time I boarded was approximate
 
Sponsor Post - registered members do not see these adverts; click here to register, or click here to log in
R

RailUK Forums

yorkie

Forum Staff
Staff Member
Administrator
Joined
6 Jun 2005
Messages
78,325
Location
Yorkshire
...as I understand, I have the right to transfer ticket to other people....
Most railway tickets are not transferable, but in this case you're correct that Chiltern Carnet tickets are transferable:

http://www.chilternrailways.co.uk/carnet-terms
Carnet tickets are transferable, but the person to whom the Carnet is issued may be asked for details of the person to whom they have been transferred in the event that the Carnet is found to be invalid
However I'm sure Chiltern intend this to be among friends, family and work colleagues, rather than touting outside the ticket office ;) Perhaps someone else can advise on the legality of this.
--- old post above --- --- new post below ---
.... I received the letter from the prosecution office for not having a valid ticket....

...Once I received the letter ...
This is a very long post, but nowhere in the above post can I see what the letter says?

Is the letter asking you for your version of events? Does it mention any legislation, does it say what you are accused of (other than not having a valid ticket)?

Who has the original ticket (presumably they kept it for evidence) and do you have a photo of it?
 

najaB

Veteran Member
Joined
28 Aug 2011
Messages
33,627
Location
Scotland
Even if they don't go for a ticketing offence, a Byelaw 7.2 prosecution would be successful.
 

Bletchleyite

Veteran Member
Joined
20 Oct 2014
Messages
113,231
Location
"Marston Vale mafia"
Even if they don't go for a ticketing offence, a Byelaw 7.2 prosecution would be successful.

For clarification that is:

(2) Except with written permission from an Operator no person on the railway
shall:
(i) display anything for the purpose of advertising or publicity, or
distribute anything; or
7
(ii) sell or expose or offer anything for sale; or
(iii) tout for, or solicit money, reward, custom or employment of any
kind.

Indeed it would, but the OP needs to include the text of the letter to see if that is what was being prosecuted.
 

DaleCooper

Established Member
Joined
2 Mar 2015
Messages
3,542
Location
Mulholland Drive
I can well imagine that the OP's behaviour, however innocent, has been viewed with suspicion. I make it a rule never to have anything to do with a stranger who approaches in the street offering something (usually watches or designer suits) at a bargain price and would have seen the OP in that light if I'd been there. It could be they suspected that the ticket wasn't genuine.
 

Bletchleyite

Veteran Member
Joined
20 Oct 2014
Messages
113,231
Location
"Marston Vale mafia"
I can well imagine that the OP's behaviour, however innocent, has been viewed with suspicion. I make it a rule never to have anything to do with a stranger who approaches in the street offering something (usually watches or designer suits) at a bargain price and would have seen the OP in that light if I'd been there. It could be they suspected that the ticket wasn't genuine.

Quite possibly - there is also the problem of these carnet tickets in that they tend to be considered invalid if there is any kind of defacement (e.g. smudging) whether intentional or not. Normally this would involve a PF, but the OP suggests they were offered a PF and refused it. Sadly, the PF would have been the end of it, but there is no going back. It seems the OP (being "angry") may have failed the "attitude test" - had he been apologetic or simply calm, he might have avoided the issues.

But yes we do need to see precisely what the accusation is from the letter (removing any personal details obviously).
 

gray1404

Established Member
Joined
3 Mar 2014
Messages
7,617
Location
Merseyside
I'm confused as to why they would offer a PF given that the OP travelled on a valid ticket - it was his ticket. Or can we say for certain that once he attempted to sell it for money it became invalid, even though it remained unsold and used by the same person that paid for it. They certainly would not offer a PF as an alternative to dealing with a Byelaw 7.2 prosecution.
 

najaB

Veteran Member
Joined
28 Aug 2011
Messages
33,627
Location
Scotland
I'm confused as to why they would offer a PF given that the OP travelled on a valid ticket - it was his ticket.
A carnet ticket is invalid if not filled it, incorrectly filled in, or if it's used in contravention of the T&Cs.
 

Mas250

New Member
Joined
21 Dec 2015
Messages
2
Thanks for everyone! Very busy at the moment as you can understand, Just a few points,
1, The staff told me not to sell it within station,
2' I did not sell in the end,
3' I was unhappy but civil,
4' In the letter only invalid ticket was mentioned,
 

gray1404

Established Member
Joined
3 Mar 2014
Messages
7,617
Location
Merseyside
So I think the basis here is that although the ticket was valid, it became invalid when an attempt was made to sell it, this is because the T&Cs have been broken that even thought it is transferable you cannot sell it on. So hence the OP then travelled on an invalid ticket. A PF was offered but as this was rejected they are considering taking the OP to court.

I think that in light of the above the best thing to do would be to reply saying how sorry you are, you now understand your actions were wrong and you would like to reach an out of court settlement. This would cover their costs involved with dealing with it thus far, plus any fare due for the journey and hopefully keep the matter out of court.

The TOC is under no duty to offer such but you can certainly ask.
 

bb21

Emeritus Moderator
Joined
4 Feb 2010
Messages
24,458
I am uneasy with the notion you tried to sell the ticket. Although transferable, I don't think you are an accredited ticket seller so opens up a can of worms. I certainly wouldn't want CCTV footage of me trying to sell a ticket to be presented in court, on railway premises or not.

I don't think the Carnet ticket is invalidated by the attempt to sell it on, provided that it had not been tampered with.
 

gray1404

Established Member
Joined
3 Mar 2014
Messages
7,617
Location
Merseyside
I don't think the Carnet ticket is invalidated by the attempt to sell it on, provided that it had not been tampered with.

I wondered that too. Which if (and only if) correct, means that the OP did travel with a valid ticket and would therefore have been correct to not accept a PF and therefore owes them nothing.
 

Bletchleyite

Veteran Member
Joined
20 Oct 2014
Messages
113,231
Location
"Marston Vale mafia"
I wondered that too. Which if (and only if) correct, means that the OP did travel with a valid ticket and would therefore have been correct to not accept a PF and therefore owes them nothing.

I have a feeling the resale is a red herring, and the ticket was smudged or something (TOCs are *VERY* picky about such things, even more so if they are already suspicious). Was it?
 

gray1404

Established Member
Joined
3 Mar 2014
Messages
7,617
Location
Merseyside
Out of court settlement (if agreeable) might be the way forward then. don't get me wrong, I don't think these are the way forward on everything...but in thse circumstances (to avoid it getting worse)
 

najaB

Veteran Member
Joined
28 Aug 2011
Messages
33,627
Location
Scotland
I have a feeling the resale is a red herring, and the ticket was smudged or something (TOCs are *VERY* picky about such things, even more so if they are already suspicious). Was it?
Sounds like it was:
I have a photo of my ticket and the form I filled. The ticket was smudged but was so clean that a normal smudged one would have much more ink on it. The dent on the ticket was clear that the correct date was on the ticket and it was obvious I made extra effort to write down the date.
I wouldn't be surprised if the RPI's 'spider sense' was already tingling due to the attempt to sell the ticket, combine that with a smudged date and here we are.
 

DaleCooper

Established Member
Joined
2 Mar 2015
Messages
3,542
Location
Mulholland Drive
I have a feeling the resale is a red herring, and the ticket was smudged or something (TOCs are *VERY* picky about such things, even more so if they are already suspicious). Was it?

Two days ago I suggested the OP should post his photo of the ticket, for some reason that hasn't been done.

I have a photo of my ticket and the form I filled.
 

maniacmartin

Established Member
Fares Advisor
Joined
15 May 2012
Messages
5,438
Location
Croydon
Given that the staff at High Wycombe saw the ticket initially blank and unused, and witnessed the fate being filled in, there can in my mind be no basis for an allegation that the another date was wiped off.

I believe that the OP has violated Byelaw 7.2, however I see this as a separate issue unrelated to travelling without a valid ticket. Nothing in Byelaw 7.2 says that a ticket that is attempted to be sold but ultimately used by the original purchaser invalidates the ticket.
 

DaleCooper

Established Member
Joined
2 Mar 2015
Messages
3,542
Location
Mulholland Drive
Given that the staff at High Wycombe saw the ticket initially blank and unused, and witnessed the fate being filled in, there can in my mind be no basis for an allegation that the another date was wiped off.

The OP didn't say that the staff actually saw the blank ticket or witnessed it being filled in.

At that moment I decided that I would use the tickets for myself to go to London. I asked them if I could borrow a mask pen to write down the date on to the ticket. The two staff and the male inspector who was for the train said they did not have the pen. I then said in that case I would use my own pen to write down the date on the ticket. I did so and boarded the train.
 

najaB

Veteran Member
Joined
28 Aug 2011
Messages
33,627
Location
Scotland
Given that the staff at High Wycombe saw the ticket initially blank and unused, and witnessed the fate being filled in, there can in my mind be no basis for an allegation that the another date was wiped off.
Would the staff be able to say without doubt that the ticket that the OP was attempting to sell at High Wycombe was the same ticket that was presented at London Marylebone?
 

island

Veteran Member
Joined
30 Dec 2010
Messages
17,910
Location
0036
I am uneasy with the notion you tried to sell the ticket. Although transferable, I don't think you are an accredited ticket seller so opens up a can of worms. I certainly wouldn't want CCTV footage of me trying to sell a ticket to be presented in court, on railway premises or not.

I don't think the Carnet ticket is invalidated by the attempt to sell it on, provided that it had not been tampered with.

It's an offence to offer anything for sale on the railway, whether that be a ticket, a counterfeit DVD, or a pot of spoiled yoghurt.
 
Last edited:

tony6499

Member
Joined
27 Sep 2012
Messages
913
Why if you were going to London and you used the ticket yourself did you want to sell it in the first place ? Your explanation doesn't ring true so this is why so many people took an interest in you
 
Last edited:

trentside

Established Member
Joined
14 Aug 2010
Messages
3,391
Location
Messroom
Why if you were going to London and you used the ticket yourself did you want to sell it in the first place ? Your explanation doesn't ring true so this is why so many people took an interest in you

Likewise, this rings alarm bells for me - certainly such behavior would arouse my interest and likely cause me to pay more attention to the ticket and individual. Obviously, the OP violated Byelaw 7.2, but it would appear from their statements that Chiltern are only interested in the "invalid" ticket.

I'd also be interested in seeing the photographs of the ticket, as it would help to provide a clearer view of the situation that Chiltern are looking at. A lot of smudging would indicate a previously used ticket, of the type often offered by ticket touts...
 

DaleCooper

Established Member
Joined
2 Mar 2015
Messages
3,542
Location
Mulholland Drive
Why if you were going to London and you used the ticket yourself did you want to sell it in the first place ? Your explanation doesn't ring true so this is why so many people took an interest in you

That's been bothering me, the OP went to the station presumably to sell the ticket with no intention to travel but then suddenly decides to go to London. I know I'm an old cynic but something seems wrong and I'd still like to see the photo of the ticket.
 
Status
Not open for further replies.

Top