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GWR Prosections - Help Please

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Beachy

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Hi

I'm looking for a bit of advice from people who know far more about the rules of the rail than me please!

I recently undertook a journey which I do a couple of times a week, from a small outlying station on the outskirts of town (with no ticket buying facilities) to a mainline station, to change to get to my destination at another mainline station.

Every time I make this journey I am unable to purchase tickets on the first part, but always buy a ticket at the mainline station stating my start point as the first station - in theory I don't need to do that because no-one would know any different but hey.

So, I was making the return journey one evening and arrived back at the small station at around 7pm. When I got off the train I was met by three (!) revenue protection staff who asked for my ticket. No problem, I thought, until I had a dig around in my wallet and realised I had left it on the train after it was checked by the inspector. Oops. Not to worry, I had the receipt part and also the outward part, and could show my bank statement on my phone to prove that I had paid.

I won't dwell too much on the frankly shocking attitude of the staff towards an admittedly naïve customer, but lets just say they were absolutely determined to be as difficult as possible and treat me link a criminal.

I answered all of the questions and tried to explain that I had no idea that you had to keep your tickets even after you had left your train. Whilst I do usually keep them just because they go back into my wallet, I hadn't considered I needed them once they had been checked on the train and there are no barriers at my starting/end point of the journey. I did demonstrate that I had all tickets for the whole month but irritatingly just not the one I needed.

There was no reasoning with them, for what was ultimately my mistake, but a genuine mistake and with evidence that payment had been made. I did suggest that they could heck the CCTV of the train and the station and they would see my buying the ticket, every time, for a destination earlier than where I actually needed to. Anyway, after about 30 minutes of standing around in the rain and being placed under caution (!) he made a call to verify my details and as expected I had no history of travelling without a ticket. I did politely ask for the use of some discretion for this misunderstanding but to no avail. I asked him I was going to get a charge for this and how much it would be, he was adamant that it wasn't up to him, and that he would send the details to GWR and they would decide.

A week or so passed and I received a nice letter from GWR informing me of the £91.10 'opportunity' to settle or face court action, criminal prosecutions etc etc. No mention of an appeals process and to be honest misleading, and threatening.

I phoned up and tried to reason with them, and they asked me to send in proof, so I was able to send in the two parts of the ticket I did have, plus a screenshot of my bank statement.

I didn't hear so chased them up as the deadline for payment had passed. They advised me that they couldn't read the ticket because it was in black and white. No problem, I was able to use a work scanner and send colour copies.

The next response was stunning. In light of accepting that I had paid for a ticket, they were prepared to accept £86 - effectively an £80 charge and then a charge for half of the original ticket, even though they had evidence I had already bought one!

I couldn't get to the phone fast enough, I was furious to be honest. They informed me that it was because they had incurred costs now and would need to recover them. I did point out that if the inspector had used his discretion (which I believe they can do under some circumstances?) then none of us would be wasting our time over this. I told her that we would look silly in court having a conversation about charging someone for a ticket which they accepted I had already paid for. After a long, long discussion, the lady on the phone at the prosecutions team offered to settle on £20 if I paid today as she had some sympathy for my situation.

I realise I may be getting a better deal than a lot of people given that technically I hold my hands up and didn't fully understand the rules, but should I challenge this or just count myself 'lucky'?

I wasn't given any notice or anything by the guy issuing the penalty and understand now that perhaps he should have? There are also no signs at all at the station where it was issued suggesting that you could face a penalty. I did suggest that it would be useful to have a sign saying to hold on to your ticket.

I spoke to GWR customer services immediately afterwards and they advised that they do have the chance to use their discretion and that usually in those circumstances you wouldn't get a ticket. I then spoke to them yesterday and they basically told me that it was out of their hands as it is handled by another company. I did point out that the letter was from GWR and so although it might be a different team, its the same company. She didn't believe me and went to check (!) and then said that it was my fault for not keeping hold of the ticket and the only way for it to be dropped is to pay it, and appeal.

I think it's disgusting the way that you're presumed to be guilty until you can prove your innocence, and that GWR all just point at each other when you ask who can help you sort it out. From reading online I don't have a lot of faith in the appeals process from other peoples horror stories.

So my question really, is, have I been issued with a valid penalty under the circumstances, and do I have any hope of disputing this? Or should I just accept its the best of a bad situation and pay the £20 'costs'?

It was an honest mistake which clearly I will learn from but the process is so inflexible and frustrating!

Sorry for the long ramble, just trying to give all the details. Any help or advice that anyone can provide to me would be really appreciated.

Thanks
 
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cuccir

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Short answer - yes pay the £20 cost.

Longer answers will be coming from me and others no doubt!
--
--
Longer answer
The first thing to note is that legally, First (GWR) are in the right. It's your obligation to show a ticket to railway staff when requested. Specifically, railway Byelaw 17 states:

A person shall hand over his ticket for inspection and verification of validity when asked to do so by an authorised person.

This applies anytime while making a journey. How long this extends for after leaving the train enters a bit of a grey area (just stepped off the train is clearly fine; 5 minutes down the road is clearly not going to work; where the boundary is exactly will depend upon the geography of each station) but essentially if it's clear that you've just got off the train then they can check the tickets while on you're still on railway property, and quite probably if you're just outside the door too.

Now I agree that superficially this may all seem a bit draconian. However, if you understand that it's quite common for people to buy tickets and avoid using them (eg having them stamped/signed) so that they can use them again later, sell them on, pass them on to a friend, or so forth, then it might suddenly become more understandable as to why GWR might want to prosecute someone who has 'lost' a ticket immediately after getting off the train. If you imagine that someone on a typical commuter route with occasional checks trying this repeatedly with a £12 ticket might get away with using each ticket (say) 3 times, you can see how quickly the losses to the railway can build up.

If taken to court, you would have almost definitely been found guilty of breaching Byelaw 17. This would result in a conviction (although a non-recordable one, ie, it would not create criminal record) with a fine likely to be in the region of £100-200. This is why paying the settlement is a good idea!

All that said, as BB21 has noted, an £86 penalty, or a prosecution, both seem excessive for not showing a ticket that you've clearly paid for. £20 seems much more reasonable and appropriate; you've done well to negotiate down to that.

On a few other points; GWR's letters may have been threatening, but they weren't misleading. I think that more info could be made available to customers about the punishments for ticketless travel, but to be fair the information is there in many places. Can't comment on the RPI attitude of course as none of us were there. What I'd note, though, is that: 1. The majority of people stopped without tickets, for whatever reason, declare that the officers were rude/aggressive; 2. Fundamentally, asking investigative questions to someone you suspect of breaking the law probably comes across as rude/aggressive, even if done politely; 3. Even if they were a little rude, that doesn't make them wrong; 4. None of the last three points are an attempt to deny that they might have been rude/aggressive!
 
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bb21

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I agree with the suggestion to pay. At £20, it is almost a no-brainer.

You always have the option to complain to Customer Service about your "harsh" treatment afterwards without the threat of prosecution over your head, and not much to lose even if they refuse.

Technically you failed to present a valid travel ticket on demand, so a Byelaw breach and liable for prosecution, but given the circumstances I agree that it seems drastic.
 

najaB

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So my question really, is, have I been issued with a valid penalty under the circumstances, and do I have any hope of disputing this? Or should I just accept its the best of a bad situation and pay the £20 'costs'?
To echo the previous posters: by not retaining your ticket until after you have left the railway and therefore being unable to present it on demand you have breached the Byelaws. £20 to settle is a bargin - if it had been Northern (for example) it would have been at least £80.

Pay up, then write to customer services to complain.
 

Beachy

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Hi all

Thanks so much for the prompt responses.

I do understand the reasons why and accept I'm in the wrong by the letter of the bylaw, I guess I'm just surprised and frustrated that a more common sense approach can't be applied. Perhaps naively but I will know for next time!

I do feel that perhaps more awareness of the rules around retaining your ticket would have been helpful though - to your average person I don't think this is widely known.

I think I'll just pay the £20 and try to forget about it!

Thanks again :)
 

6Gman

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Hi all

Thanks so much for the prompt responses.

I do understand the reasons why and accept I'm in the wrong by the letter of the bylaw, I guess I'm just surprised and frustrated that a more common sense approach can't be applied. Perhaps naively but I will know for next time!

I do feel that perhaps more awareness of the rules around retaining your ticket would have been helpful though - to your average person I don't think this is widely known.

I think I'll just pay the £20 and try to forget about it!

Thanks again :)

Very wise. Pay, and keep your ticket in future!
 

tony6499

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Every time I make this journey I am unable to purchase tickets on the first part, but always buy a ticket at the mainline station stating my start point as the first station - in theory I don't need to do that because no-one would know any different but hey.

That attitude to buying tickets is how a lot of people end up at this forum asking for help with prosecution letters.

Always buy a ticket from where you get on to where you get off and retain it till you leave the station you finish your journey at and you won't get any more problems
 

exile

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Such as letting you off?

Letting him off? He hasn't committed a crime.
--- old post above --- --- new post below ---
"Now I agree that superficially this may all seem a bit draconian. However, if you understand that it's quite common for people to buy tickets and avoid using them (eg having them stamped/signed) so that they can use them again later, sell them on, pass them on to a friend, or so forth"

I don't find this convincing at all.

How can you use a single ticket from A to B, dated on day X, again?

If they were so concerned about this possibility they should collect ALL tickets on exit from stations.
 

najaB

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Letting him off? He hasn't committed a crime.
Ahem....
Railway Byelaws said:
18. Ticketless travel in non-compulsory ticket areas

(2) A person shall hand over his ticket for inspection and verification of validity when asked to do so by an authorised person.
--- old post above --- --- new post below ---
How can you use a single ticket from A to B, dated on day X, again?
As long as A -> B -> A takes less than 11 hours, it is possible. E.g. Leave A at 10am, arrive B at 11am. Give ticket to friend who gets bus from B to A and catches the 1pm train back to B.
 
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exile

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What's that supposed to mean?
--- old post above --- --- new post below ---
Ahem....

--- old post above --- --- new post below ---
As long as A -> B -> A takes less than 11 hours, it is possible. E.g. Leave A at 10am, arrive B at 11am. Give ticket to friend who gets bus from B to A and catches the 1pm train back to B.

That seems just a little far fetched. And in any case the OP doesn't have the ticket, so he couldn't work this particular scam.
 

najaB

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What's that supposed to mean?
You said no crime was committed. I quoted the Byelaw that had been broken.
That seems just a little far fetched. And in any case the OP doesn't have the ticket, so he couldn't work this particular scam.
In this case, no. But you asked how a day single could be reused, that was your answer.
 

miami

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If you imagine that someone on a typical commuter route with occasional checks trying this repeatedly with a £12 ticket might get away with using each ticket (say) 3 times, you can see how quickly the losses to the railway can build up.

But a random check won't stop this -- the commuter will simply hand over the ticket when asked, and reuse it when they aren't checked. They are unlikely to say they've lost their ticket when checked, as the point in them having the ticket is to act as insurance for the rare times they are checked.
 

cuccir

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exile:2422674 said:
That seems just a little far fetched. And in any case the OP doesn't have the ticket, so he couldn't work this particular scam.

So he claimed. How does the inspector know he's not got it and is planning to hand it to a friend, or had given it to someone else on the train? Two people travel, one of them keeps the ticket, one keeps the receipt and claims to have 'lost' the ticket?

My understanding is that this sort of scheme happens quite frequently! I'm not a member of rail staff but people who are report encountering such tricks (perhaps one could comment?).

Yes, occasional checks don't stop this, that's why punishments are harsh - it's presumed a lot of fare evaders go undetected. It's correct to say that regular checks on all tickets would stop this, but at a cost of course, including passenger inconvenience. To stamp it out completely you'd have to check all tickets at least twice - on the train and when getting off. That's expensive and inconvenient for travelers.

That said - all this does mean that those who are unlucky to get caught when they've made genuine errors do get treated harshly. I'm glad that the OP has been able to get something more reasonable
 

exile

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OK people - I was sold a ticket at a destination station yesterday (ticket office closed at origin, guard wasn't selling tickets). So, I could have re-used that ticket. If the TOCs are so concerned about this particular scam, why was this ticket sold to me?
--- old post above --- --- new post below ---
You said no crime was committed. I quoted the Byelaw that had been broken.

A crime requires a mens rea.

I've lost tickets many a time in my (ahem) years travelling by train but I don't regard myself as a criminal.
 

island

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A crime requires a mens rea.

I've lost tickets many a time in my (ahem) years travelling by train but I don't regard myself as a criminal.

I'm afraid you're wrong there. The crime of joining a train without a ticket is a strict liability offence and does not require any intent to be proven.

It's unhelpful and confusing to other members when people post sweeping statements like yours – as mentioned above please prefix them with "it is my understanding that" in future.
 

backontrack

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A lot of people getting overexcited here.

My advice would always be to travel with caution - not too much, but be calm and remember where you put your ticket. I'm afraid that TOCs will always try to do this - they will try to get whatever money they can from you, and the will almost always get it. You are very rarely able to reason with them.

gWr are particularly bad, but then again all TOCs are like this. Their aim, at the end of the day, is to get money, and RPIs are known to be...difficult.

Ticketless travel is a crime. TOCs will exploit this as far as they can, so retain your ticket on departure - certainly make sure you know where it is. You don't have to put much effort into doing this at all. In your case, you didn't travel without a ticket, but TOCs will act as if you did wherever they can so they can get the money.

As long as you remember where you put that ticket, you should be fine. It's not a question of being cautious - more a question of not being less cautious than normal. :smile:
 
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CC 72100

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^^ the post above... certainly sounds like getting overexcited! ;)
 

yorkie

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I've lost tickets many a time in my (ahem) years travelling by train but I don't regard myself as a criminal.
If you lose your tickets, you have not committed a recordable criminal offence under the Regulation of Railways Act, but if you are asked to present your ticket, you have committed an offence under the Railway Byelaws, albeit a non-recordable offence, for which you can be prosecuted.

See our legal section for more information.

If, like me, you do not like the Railway Byelaws, please do write to your MP to express your concern.
 

CC 72100

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I've tried to rein it in a bit, sorry. But it's not something you can be light about - I wouldn't want to take chances.

I was thinking the other way - from your post I had images of TOCs taking people without a ticket into dark rooms and subjecting them to all sorts of torture to extract the money that is rightfully owed.

Let's be honest, in the real world not every RPI from every TOC is like that. Far from it. There's also a lot of discretion shown, but because this is discretion, it is something that may come into play but cannot be guaranteed.
 

backontrack

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I realise this, but I wouldn't take the chance to try and get the discretion...it's just simply a case of knowing where your ticket is in future.
 

CC 72100

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Of course you're correct, but I thought that your description of TOCs/Revenue Teams was rather harsh.
 

backontrack

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That's why I reined it in. ;)

I think it's fine if people do short fare/travel without tickets, they get what they deserve. But it's when genuine mistakes are made (actual mistakes, not genuine 'mistakes'), that they can be a bit too difficult.
 

najaB

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I think it's fine if people do short fare/travel without tickets, they get what they deserve. But it's when genuine mistakes are made (actual mistakes, not genuine 'mistakes'), that they can be a bit too difficult.
The difficulty is determining the difference between the two.
 

backontrack

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I'm willing to trust the OP on this one, but you're right. Most cases do seem to be 'mistakes', where the OP deserves what they end up with.
 

Elecman

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So what happens at a station like Kirkham, bin at bottom of stairs on platform quite often containing used tickets but a lurking RPI at the station entrance who demands your ticket when you have disposed of it in their provided bin before exiting the station where there is no bin outside? Have you committed an offence?
 

najaB

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So what happens at a station like Kirkham, bin at bottom of stairs on platform quite often containing used tickets but a lurking RPI at the station entrance who demands your ticket when you have disposed of it in their provided bin before exiting the station where there is no bin outside? Have you committed an offence?
Yup. Technically you have. Though there's nothing stopping you going back to see if you can find your ticket in the bin.
 
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