Recent content by John Palmer

I attach a copy of DeepL's translation of the OK Diario article referred to in @AlexNL's post #212. The translation is 'as is' without alteration on my part. I am unfamiliar with the quality of Spanish reporting generally and that of Ok Diario in particular, so the reliability of the...

The impression I get from the image in post #200 is that there is a complete absence of weld fusion in the head of the rail now lying on its side, and possibly in the foot as well. Alternatively, if any fusion has been achieved then the extent of its penetration into the rail head looks...

In relation to the 2013 rail crash at Santiago, on Friday last, 23rd January, the Provincial Court of A Coruna dismissed the appeal of Driver Garzon but upheld the appeal against criminal conviction of Andres Cortabitarte, ADIF's Head of Traffic Safety at the time of the accident. Cortabitarte's...

Here is DeepL's translation to English of CIAF's note relating to the derailment at Adamuz, as referenced in the site forming the subject of @Cloud Strife's post #187. I have added two italicized suggestions of better translations than those provided by DeepL, but not changed the wording of the...

I believe the Iryo bogie is probably located adjacent to the eastern portal of the culvert that takes the stream running along the Arroyo Tamujoso beneath the railway - as shown on the attached extract from Apple Maps' satellite image; location is...

Since there was no apparent technical error in the manner in which this prosecution was instituted, and Northern Trains remains adamant that it was entitled to prosecute notwithstanding the defence argument advanced that the penalty fares appeal barred such a prosecution, I'm having difficulty...

Not sure I have followed the timeline correctly, but it seems the OP's second stage appeal (Reg.17) must have been submitted no later than 2nd May. The appeal body requested more information (?on 19th May) and the OP provided it (?on 2nd June). The appeal body then issued its rejection of the...

Yes, pretty much my own thoughts.

I'm sorry to hear how rough a hand life has been dealing you lately, and quite understand that the last thing you may want on your plate is a legal fight with a train company. Obviously you will want to take the course that best serves your well-being, and if any further advice I can offer...

The Chief Magistrate has created a problem by handing down a ruling in Monteiro that fails to address the cogent reasons for adopting a different interpretation of Regulation 11 of the penalty fares regulations. Arguably it was inappropriate for him to issue such a non-binding ruling by way of...

Thank you. Gives the strong impression that the hearing was a convenient arrangement reached between magistrate and prosecutor with insufficient attention being paid to the interests of defendants generally, let alone the interests of the particular defendants involved. I wonder whether they...

Can you give your source for that information, and can you say whether the defendants were present and, if so, whether they played an active part in the hearing? I ask because I believe it has a bearing on the public interest test applied to applications for a representation order (i.e. legal...

Thanks for the additional upload of what appears on the Penalty Services record. I'm a bit surprised that Penalty Services apparently holds no record of the penalty fare notice's contents. This would be needed, for example, as a check on whether correct particulars of the stations involved had...

What you do now depends on your readiness to contest the legitimacy of the prosecution. If your overriding priority is to avoid going to court your best strategy may be to plead guilty and thus get maximum discount of the fine that will be imposed. However, this will preclude negotiation of an...

So far as I can see the offence with which the OP has been charged has yet to be identified. If, as seems likely, it is one of those specified in Regulation 11(4) of the Railways (Penalty Fares) Regulations 2018 (https://www.legislation.gov.uk/uksi/2018/366 ), then I certainly agree that there...