Application of De minimis

[Brent Goose]

In the below thread the OP appears to be threatened with prosecution as the ticket splitting algorithm contrived a saving of £1.70 using an expired railcard compared to an undiscounted return

Expired Railcard Chiltern prosecution

Absolutely stunned to have received the attached letter. I was asked to display my Railcard on a journey to London. That was the first time I discovered my Railcard had expired on the Trainline app. The conductor said “don’t worry, I’ll refer you to Chiltern and they’ll contact you to pay...

www.railforums.co.uk

I would have thought there is no public interest in the train companies clogging up criminal courts with such trifles?

 

[Fawkes Cat]

In the below thread the OP appears to be threatened with prosecution as the ticket splitting algorithm contrived a saving of £1.70 using an expired railcard compared to an undiscounted return

Expired Railcard Chiltern prosecution

Absolutely stunned to have received the attached letter. I was asked to display my Railcard on a journey to London. That was the first time I discovered my Railcard had expired on the Trainline app. The conductor said “don’t worry, I’ll refer you to Chiltern and they’ll contact you to pay...

www.railforums.co.uk

I would have thought there is no public interest in the train companies clogging up criminal courts with such trifles?

Although Chiltern's (standard) letter also refers to other occasions having been uncovered.

Assuming Chiltern's letter to be accurate for this case, that would mean that in Chiltern's eyes they have caught a serial fare dodger, and even if all the cases so far are small, then there's a chance that the next offence will be for a substantial amount of money.

Of course, there's a number of challengeable points in that analysis, including
- that this is Chiltern's standard letter: so it's not clear whether they really have uncovered other incidents
- the recipient may genuinely have made a mistake and forgot to renew their Railcard
- I am not aware of anything in English law that allows prosecution for things you might do ('conspiracy to commit an offence ' requires you to have conspired).

But it's not self evident that prosecution is not in the public interest.

 

[30907]

In the below thread the OP appears to be threatened with prosecution as the ticket splitting algorithm contrived a saving of £1.70 using an expired railcard compared to an undiscounted return

Expired Railcard Chiltern prosecution

Absolutely stunned to have received the attached letter. I was asked to display my Railcard on a journey to London. That was the first time I discovered my Railcard had expired on the Trainline app. The conductor said “don’t worry, I’ll refer you to Chiltern and they’ll contact you to pay...

www.railforums.co.uk

I would have thought there is no public interest in the train companies clogging up criminal courts with such trifles?

I don't think Chiltern will have checked the specific total saving. As far as they are concerned, someone unlawfully used a ticket that was discounted by 33.3%.

I suppose the law could be changed, or RDG/GBR make a policy decision, to ignore fares under £X, but that simply sends a mixed message about paying for travel.