Can a TOC Ban Someone Who Doesn't Pay a Penalty Fare

[SuspectUsual]

Moderator Note - split from:

Ticket on train confusion - penalty fare

Please look at examples in other threads of how to lay out an appeal so they cannot ignore your arguments and you give yourself comeback through the courts if they do. In a case like this you must try to demonstrate that the regulations oblige them to uphold your appeal and that if they don't...

www.railforums.co.uk

the only option lawfully available to GTR (if they wish to pursue the matter further) is to make a civil claim against you for the value of the unpaid Penalty Fare

Can they - in theory at least - bar the OP Modusing their services? Not saying they would, just wondering if there are other possibilities the OP needs to be aware of

 

[Watershed]

Can they - in theory at least - bar the OP from using their services? Not saying they would, just wondering if there are other possibilities the OP needs to be aware of

I suppose so. Very unlikely to happen though, I've never heard of it happening short of serial anti-social behaviour or similar, usually in cases where the BTP is involved.

 

[SuspectUsual]

I suppose so. Very unlikely to happen though, I've never heard of it happening short of serial anti-social behaviour or similar, usually in cases where the BTP is involved.

That’s what I expected, and I agree it’s very unlikely, but if swathes of people get to a rejected third appeal and then don’t cough up, something will have to give, surely?

(Mods - if you feel this is worthy of a separate thread please split this out)

 

[AlterEgo]

Can they - in theory at least - bar the OP from using their services? Not saying they would, just wondering if there are other possibilities the OP needs to be aware of

They could in theory but it would be completely unenforceable.

 

[island]

In theory yes; in practice it doesn’t really happen and would be difficult to enforce.

The main reason retailers do this to shoplifters is because if the offender turns up and does it again after being banned, they’re then committing the offence of burglary which has more stringent punishments. There is no analogous reason to do this to fare evaders on the railway.

 

[Watershed]

In theory yes; in practice it doesn’t really happen and would be difficult to enforce.

The main reason retailers do this to shoplifters is because if the offender turns up and does it again after being banned, they’re then committing the offence of burglary which has more stringent punishments. There is no analogous reason to do this to fare evaders on the railway.

In theory the railway could prosecute a returning banned passenger for trespass under the Byelaws (or one of several other equivalent offences), but again it would be almost unheard of.