stewartyoung, you must be thinking that the people giving advice on this forum can't agree on anything! Sadly, that's just how it is and you can only make as much as you can from the varied opinions on here.
I haven't offered you any advice because you didn't answer the one question I put to you which would have made all the difference to my response, but I guess I now know the answer, that you haven't paid anything for your travel that day, and so I can now respond. But as others have done so for you already, I will just pick my way through some key points which I would want you to be aware of:
If it is really true that you are now facing prosecution by a different TOC for the exact same offence of which you have just been acquitted, you should write to the relevant court stating your intention to plead not guilty, enclosing details of your previous acquittal, and inviting them to dismiss the charge forthwith based on 'autrefois acquit'.
From what I think you have been telling us, this does not apply to you.
There is no double jeopardy here . . . .
I agree.
However, I urge you to be mindful both of your specific obligation to pay the outstanding fare due,
Yes. And I want you to be quite clear that this duty is not affected at all by your experiences in attempting to obtain a 'free'
Rewards ticket. [I have some empath with you - I 'lost' the opportunity to redeem my last two first class trips to London in the last minutes of the
Rewards scheme].
Why did you not purchase a ticket for Edinburgh Waverley to Stevenage at Edinburgh Waverley, where there is a ticket office and vending machines?
Why did you not pay the VTEC UPFN?
And you couldn't do that for one reason or another but you STILL had to pay for the journey you were undertaking.
I think that both
island and
Clip have got straight to the point which you need to keep your focus on.
Notwithstanding that I think that you ought properly to be found not guilty of the specific charge brought against you, this might not be the end of the matter, since VTEC would be at liberty to pursue proceedings in the county court to recover the debt you owe them.
I disagree, on the facts, not on the law.
Did they conclude that it was a Scottish matter over which they had no jurisdiction . . . .
This is going to be a very interesting distraction, but one which will not be worth pursuing - by either party.
AFAIAA Scot's Law only applies to journeys completely in Scotland if you are making an Anglo-Scottish journey then English Law will apply.
To compress it into 20 words, then I couldn't do any better than
reb0118. But either way, the Railway Byelaws apply in both nations, it's only how they are prosecuted that is different (within Scotland, they are not prosecuted).
I think that
island has got straight to the crux of your 'facing court twice' predicament:-
The offence under byelaw 18 (1) is entering a train without a ticket. A new offence is committed each time a new train is entered.
The same is true mutatis mutandis for byelaw 18 (2) for failing to show and hand over a ticket.
I can't find any case law to support that view in the small, arcane world of Railway Law, so we have to turn to general Contract Law for support, and there we find only a very few exemptions from a Contract's Terms and Conditions (such as custom and practice) and none that I can see which would help you now. We should conclude that
island's analysis is almost certainly correct.
It's a shame that you didn't just pay the fare offered to you on the UPFN after failing to convert your last few
Rewards points to a final 'free' ticket. An expense which would have averted all this inconvenience.