Can this fare evasion case be quashed?

[disappointed]

Moderator note: Split from

TfL fare evasion case being taken to court - advice on next steps needed

Hi, I am seeking guidance/legal advice about a fare evasion situation I am involved in with TfL that is being taken to court. I was caught using my younger sibling's 11-15 Zip card (I am 21 years old) by a revenue inspector in early July. Shortly after, I received a letter where I had to...

www.railforums.co.uk

I can't believe nobody mentioned https://www.bbc.co.uk/news/articles/cyx0p18kq74o

Take the SJP then have it quashed.

You shouldn't dodge fares, you shouldn't commit fraud, but some of these rail companies are next level a holes. We should be encouraging people on to the railways.

 

[AlterEgo]

I can't believe nobody mentioned https://www.bbc.co.uk/news/articles/cyx0p18kq74o

Take the SJP then have it quashed.

You shouldn't dodge fares, you shouldn't commit fraud, but some of these rail companies are next level a holes. We should be encouraging people on to the railways.

Unfortunately you are completely misguided about the nature of the SJP problems. There is nothing wrong with this prosecution. Indeed, this board - and some of the members who post in this area specifically - were the instigators of that action.

 

[disappointed]

Please explain...
I'm not disputing the legality of this situation, just stating that it all seems a bit draconian.

 

[Mzzzs]

I can't believe nobody mentioned https://www.bbc.co.uk/news/articles/cyx0p18kq74o

Take the SJP then have it quashed.

You shouldn't dodge fares, you shouldn't commit fraud, but some of these rail companies are next level a holes. We should be encouraging people on to the railways.

If you actually read the article, it says: The DfT said external cases were prosecuted by Northern, Transpennine, Avanti West Coast, Greater Anglia, Great Western Railway, Arriva Rail Northern, and Merseyrail. TFL are not mentioned. The person here is dealing with TFl.

 

[AlterEgo]

Please explain...
I'm not disputing the legality of this situation

Then why try to suggest that poster's conviction will be quashed?

The main thread is here if you want to read the background of the case from infancy, and the reasons why certain convictions are in the process of being quashed: https://www.railforums.co.uk/thread...ies-for-section-5-1-rora-prosecutions.269410/

 

[island]

Please explain...
I'm not disputing the legality of this situation, just stating that it all seems a bit draconian.

The issues that arose in the SJP cases mentioned in the news were that:
1) the law under which those defendants were prosecuted was not a law which railways were allowed to use in the SJP; they would have needed to use a "normal" prosecution by laying an information; and/or
2) the law in question required that the offender fail to produce a ticket, and to pay a fare, and to give name/address, and many if not all of the defendants had given name/address.

Whilst I do understand your frustration for your daughter in your own post and that you are well-meaning, the Forum does require that posts in this section be relevant and helpful, and I must regrettably say that this is neither. TfL is entitled To use the SJP for this offence, and there is ample evidence that it has been committed.

 

[cool110]

Please explain...
I'm not disputing the legality of this situation, just stating that it all seems a bit draconian.

To simplify. There are two main offences for fare evasion, only one of which allows for SJP. Those quashed cases where when the other one was incorrectly charged.

 

[Hadders]

Forum members have given appropriate advice in the case referenced in post #1 of this thread.

On the wider question raised, Transport for London who operate under a different set of Byelaws to the National Rail operators.

Where TfL have prosecuted using the SJPN they have done so correctly. Some (but not all) National Rail operators prosecuted using the SJPN system when they were not allowed to do so, these are the 75,000 convictions that are in the process of being quashed.