Yesterday at around 6pm I was travelling from Bedminster to Parson Street. I like to purchase the ticket at the station so I make sure I get the correct time. There are no barriers so I get to the platform at BMT and there are a few revenue protection officers and other men in hi vis uniforms. One of them asks me to show him my ticket and I tell him I’m about to buy it. I don’t know if this made me appear more suspicious although he never mentions this the whole time.
I purchase the single with a 16-25 railcard that I’ve had since I was 16 (now 23) and never had to renew before. I don’t check my railcard app very often and didn’t get any emails about it expiring so didn’t think anything of it. (The officer said I would’ve received emails alerting me, but I’ve checked and never received anything) It’s my fault and I’m aware it’s my responsibility to make sure these things are valid. I didn’t check and that’s on me, I am aware.
I go to show him my ticket and he asks to see the railcard. I open the app and realise it’s expired and admit this to officer and explain I hadn’t realised and that’s my bad. He starts asking to take pictures of my ticket, my travel history, expired railcard and ID. I don’t understand what’s happening so I just comply. Then he starts telling me I was attempting to travel with a discount that’s invalid and that this has to go to the prosecution team to process. I ask if I can just buy a new ticket or pay the difference and he’s says no. He’s taken all my details and I says I’m going to get a prosecution letter which will contain a fine.
I’ve been advised that they’ll likely prosecute me for breaking Byelaw 18. But this states I’ve only committed an offence if I’ve boarded the train with an invalid ticket. I hadn’t boarded the train when he checked the ticket, I was on the platform and had only just purchased the ticket. He was witness to this. But I had not boarded the train. He should’ve let me renew my railcard or buy a new valid ticket, right?
My only concern is that as he was writing me up and taking my details the train arrived. It was at the point he was confirming my home address and explaining that a letter would be sent there, but we hadn’t completed the whole ordeal yet. I had already asked at this point if I could pay the difference to buy a new ticket without the discount applied but he’d said no. I asked if I could still get the train and he said yes because we had to continue the process and he essentially escorted me onto the carriage where all the other officers were. He gestured for me to get on before him and to stand by the doors surrounded by all these officers, so I felt I had no choice. We then carried on the process and began the interview on the train although I asked if we could wait until we got off because I was getting quite overwhelmed and he said that was fine. We got off at my stop (which was the next one) at PSN and completed the interview process on the platform there.
I want to appeal but I am afraid they will use the fact that I did technically board the train (even though it was with permission from staff) to decline it.
I am wondering what my rights are here? When I get the prosecution letter should I just ask to settle and pay the fee or is it worth appealing because I didn’t break the byelaw? He kept stating he *believed I intended* to travel with an invalid ticket and had my railcard not been checked then I *would have travelled* with an invalid ticket and that’s breaking the rule. But I’ve been told byelaws are not based on intent. So I shouldn’t be done for “intending” to do something I didn’t do?
I’ve been advised that the only other byelaw that might be applicable here is Byelaw 17 which would apply if I was boarding at a Compulsory Ticket Area. I don’t know what that is so if anyone can clarify if BMT is a compulsory ticket area I’d appreciate it.
Please can someone advise if I have grounds to appeal this prosecution. Please let me know if it’s worthwhile, or if they’ll use the fact I boarded the train with permission, as proof I did travel with the invalid ticket. Or can the prosecution be based on intent? Do I have any leverage in this? Thanks and let me know if I need to provide any more details.
I purchase the single with a 16-25 railcard that I’ve had since I was 16 (now 23) and never had to renew before. I don’t check my railcard app very often and didn’t get any emails about it expiring so didn’t think anything of it. (The officer said I would’ve received emails alerting me, but I’ve checked and never received anything) It’s my fault and I’m aware it’s my responsibility to make sure these things are valid. I didn’t check and that’s on me, I am aware.
I go to show him my ticket and he asks to see the railcard. I open the app and realise it’s expired and admit this to officer and explain I hadn’t realised and that’s my bad. He starts asking to take pictures of my ticket, my travel history, expired railcard and ID. I don’t understand what’s happening so I just comply. Then he starts telling me I was attempting to travel with a discount that’s invalid and that this has to go to the prosecution team to process. I ask if I can just buy a new ticket or pay the difference and he’s says no. He’s taken all my details and I says I’m going to get a prosecution letter which will contain a fine.
I’ve been advised that they’ll likely prosecute me for breaking Byelaw 18. But this states I’ve only committed an offence if I’ve boarded the train with an invalid ticket. I hadn’t boarded the train when he checked the ticket, I was on the platform and had only just purchased the ticket. He was witness to this. But I had not boarded the train. He should’ve let me renew my railcard or buy a new valid ticket, right?
My only concern is that as he was writing me up and taking my details the train arrived. It was at the point he was confirming my home address and explaining that a letter would be sent there, but we hadn’t completed the whole ordeal yet. I had already asked at this point if I could pay the difference to buy a new ticket without the discount applied but he’d said no. I asked if I could still get the train and he said yes because we had to continue the process and he essentially escorted me onto the carriage where all the other officers were. He gestured for me to get on before him and to stand by the doors surrounded by all these officers, so I felt I had no choice. We then carried on the process and began the interview on the train although I asked if we could wait until we got off because I was getting quite overwhelmed and he said that was fine. We got off at my stop (which was the next one) at PSN and completed the interview process on the platform there.
I want to appeal but I am afraid they will use the fact that I did technically board the train (even though it was with permission from staff) to decline it.
I am wondering what my rights are here? When I get the prosecution letter should I just ask to settle and pay the fee or is it worth appealing because I didn’t break the byelaw? He kept stating he *believed I intended* to travel with an invalid ticket and had my railcard not been checked then I *would have travelled* with an invalid ticket and that’s breaking the rule. But I’ve been told byelaws are not based on intent. So I shouldn’t be done for “intending” to do something I didn’t do?
I’ve been advised that the only other byelaw that might be applicable here is Byelaw 17 which would apply if I was boarding at a Compulsory Ticket Area. I don’t know what that is so if anyone can clarify if BMT is a compulsory ticket area I’d appreciate it.
Please can someone advise if I have grounds to appeal this prosecution. Please let me know if it’s worthwhile, or if they’ll use the fact I boarded the train with permission, as proof I did travel with the invalid ticket. Or can the prosecution be based on intent? Do I have any leverage in this? Thanks and let me know if I need to provide any more details.
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