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Chiltern change of prosecution policy.

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BanburyBlue

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Afternoon all.

I'm fairly sure in the not too dim and distant past, Chiltern were always said to be one of the train companies that rarely offered out of court settlements. However, recently there seems to be view that Chiltern now will nearly always settle out of court. It's like they've almost gone full circle - why the change?
 
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Fawkes Cat

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Afternoon all.

I'm fairly sure in the not too dim and distant past, Chiltern were always said to be one of the train companies that rarely offered out of court settlements. However, recently there seems to be view that Chiltern now will nearly always settle out of court. It's like they've almost gone full circle - why the change?
They appear to have brought fare evasion work in house from Transport Investigations Ltd. The change in approach seems to be contemporary with the change in who does the work: it's interesting (but probably futile) to speculate whether this is coincidental, or whether Chiltern changed their policy, or whether TIL's tough approach was something to do with metrics - that it looked better for TIL to have initially authorised prosecution on so many cases, but then agreed to settle out of court after a second letter.
 

Hadders

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Chiltern do seem to have become easier to deal with.

They still take a robust approach, they are one of the smaller TOCs, who service one of the more affluent areas of the country but we more cases about Chiltern in this section of the forum than any other TOC.

I don’t know whether:

- this is a reflection on Chiltern’s revenue protection approach
- Chiltern’s passengers evade their fares more regularly than passengers of other TOCs (eg we have only seen one case involving c2c this year)
 

BanburyBlue

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Chiltern do seem to have become easier to deal with.

They still take a robust approach, they are one of the smaller TOCs, who service one of the more affluent areas of the country but we more cases about Chiltern in this section of the forum than any other TOC.

I don’t know whether:

- this is a reflection on Chiltern’s revenue protection approach
- Chiltern’s passengers evade their fares more regularly than passengers of other TOCs (eg we have only seen one case involving c2c this year)
There definitely has been a change in enforcement this year. I commute 3 days a week from Banbury to Birmingham. Ticket checks used to be few and far between - normally from leaving Banbury, rarely on the way home. The barriers at Banbury would be left open more often than not, especially in the evenings.

However from January this year it changed. Barriers at Banbury are now in operation most of the time. Much much ticket checking on all journeys.

So I'm guessing more ticket checks = more people caught?
 

Titfield

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It is probably a combination of multiple factors but @Hadders point about "more affluent areas" may also mean that those passengers caught may be more likely to search out for advice and be prepared to engage with this forum because this forum certainly presents advice in a professional non-judgemental way.
 

MotCO

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Maybe Chiltern cottoned on to the fact that they get more revenue from Out of Court settlements than Court settlements, and it is probably cheaper to process. Maybe there is no difference in reoffending rates between the two methods.
 

BanburyBlue

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Maybe Chiltern cottoned on to the fact that they get more revenue from Out of Court settlements than Court settlements, and it is probably cheaper to process. Maybe there is no difference in reoffending rates between the two methods.
Yes good point.

I don't know how good court fine enforcement is, and how long it takes for Chiltern to get the compensation. Isn't there normally a quick turnaround in these out of court settlements, so Chiltern get their money quickly.
 

Haywain

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I don't know how good court fine enforcement is, and how long it takes for Chiltern to get the compensation.
Chiltern would receive their share of the money as soon as the court has received it.
 

BanburyBlue

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Chiltern would receive their share of the money as soon as the court has received it.
Yes, although aren’t people allowed to pay fines/compensation in instalments -might take a while to pay Chiltern back at £20 a month.
 

Hadders

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If an out of court settlement is agreed then this is nothing to do with the court, it's purely an arrangement between Chiltern and the person concerned at Chiltern require settlements to be paid in full within a few days of them being offered. Should a settlement not be paid then Chiltern could then initiate court proceedings (subject to time limits etc).

If the person is convicted by a court then compensation is normally awarded. Once this is paid then the court pass it on to Chiltern. Court fines and compensation are payable immediately upon conviction although courts generally do allow payment by installment.

From Chiltern's point of view, out of court settlements are generally much more lucrative than a case going through the courts.
 
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