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If the OP contests this and if Merseyrail intend to rely on BWV footage in any Byelaw Prosecution, then that footage should be made available to the OP under the Criminal Investigation & Procedure Act (1996) anyway
I agree, but as Haywain says, the OP has the option of paying the £60 and then...
I agree, that from the OPs own explanations, there appears to be no reason that XC might ask for the matter to be discontinued on the basis of evidence of offence alone.
However, this would not have been the only case listed for Court on any given date and it is a fact that case list management...
It helps to make sure that your email has gone to the right department
I just looked at their website and it appears to be working perfectly at http://transportinvestigations.co.uk/
If you use the 'Contact' tab, which opens on that link there is a direct email capture for their Fares...
Accepting the post where the OP says
I suggest that the simplest thing here is for the OP to ask the Railcard Records Office to send both XC and TIL an email (together) confirming this is what they have said to be the case.
Once that is completed, the OP will be free to pursue any complaint...
Given that it will almost certainly be an XC staff member who withdrew the Railcard and then XC administration checked and sent it to their agents for further action, it would seem likely that XC support that action.
If the company believe they have sufficient evidence to prosecute, they...
Personally, I would correct all of the details that you gave incorrectly.
If you are over 18 years of age and if this matter ended up before a Court, the Summons would have whatever date of birth you gave on it. If this were wrong, you would simply be asked by the Court to confirm your correct...
I'm afraid that you should not take too much notice of your brother. No, it is not true. Giving your previous address is not the 'escape mechanism' that so many people think it is. In my experience it is commonplace to trace someone from previous accommodation these days. Furthermore, if you...
Absolutely right, body cams moderate behaviour on both sides. 'Gobby' offenders learn very quickly that an actual record of their behaviour will be available later and 'gobby' staff learn not to be for exactly the same reason!
I also agree with Stigy, I rarely had any great problem, but as I...
We used to get a fair bit of this in London as RPIs back in the 1980s. It never bothered me as there was always another one and another day.
If outnumbered it was always most sensible to back off, leave the space-wasters to think they'd won, call ahead and have BTP, or depending on location it...
I try very hard to be objective in commenting in all these threads, but as someone who personally prosecuted fare evasion & railway Byelaw matters for over 20 years, I think I am usually able to give a fair assessment of what a TOC might do based on taking the OPs postings at face value.
It...
Having read through all of this thread a couple of times and accepting the OPs post at face value, regarding staff behaviour, which I will comment on in a moment, it seems clear to me that breaches of National Railways Byelaw 18 (1) and NR Byelaw 6 (1) could be pursued by the TOC if they choose...
This has been the subject of much discussion on this forum in the past
It's probably worth reading through this thread:
https://www.railforums.co.uk/threads/merseyrail-feet-on-seats-query.118373/
Yes, revenue protection staff can withdraw any paper ticket and many smartcard types, but I agree the matter of digital Railcards held on an individuals personal phone or other device does present a unique problem.
It is easy for the RPI / Guard to take an evidential quality photo of the...
They are able to withdraw any ticket or Railcard in those circumstances and their working instructions make that expressly clear.
There are procedures for dealing with such a withdrawal and from the OPs account, it seems to me that these have been followed.
The Ops' satement that they did this 1 or 2 times a week for 6 months and only when they were short of money equates to an admission of around 48 instances of fare evasion.
This is a serious matter and I strongly suggest that the OP wait to see what letter is received and what that letter...
I don't know how many we did during my time with BR, but since privatisation and from just the TOCs I was involved with over 20 years, it averaged around 100 cases a month actually prosecuted.
As the Railcard was purchased online, there will be a record of the purchase and holders details at the National Railcard Office
It is likely that the same Railcard will not be posted back, but the TOC could arrange for a duplicate bearing the original expiry date
If this occurs, keep...
I will not re-write your letter, which is generally good by the way, but it always improves the chances of being successful if a letter is brief and to the point.
It is important that the letter is in your own words and that it conveys only the following;
1. a brief explanation of your...
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