Fraud Accusation

[thecrofter]

If any TOC sent this to me they'd get a response in the vein of Arkell v Pressdram.

I've only just caught up with this thread and have to say (as a long time Eye reader) AlterEgo played an absolute blinder with that statement. Bravo.

 

[nanstallon]

This all shows that TOCs should be stripped of the power to prosecute. Northern are clearly trying to intimidate the OP into providing evidence. I used to do prosecutions for a local authority, and we were left in no doubt that we had to investigate fairly and reach a conclusion as to whether an offence had been committed, and could be proved beyond reasonable doubt to have been committed. The same as Crown Prosecution Service standards. A Solicitor is an officer of the court, with professional standards. TOC staff are not.

 

[Chiltern 165]

This all shows that TOCs should be stripped of the power to prosecute. Northern are clearly trying to intimidate the OP into providing evidence. I used to do prosecutions for a local authority, and we were left in no doubt that we had to investigate fairly and reach a conclusion as to whether an offence had been committed, and could be proved beyond reasonable doubt to have been committed. The same as Crown Prosecution Service standards. A Solicitor is an officer of the court, with professional standards. TOC staff are not.

Well the TOCs are being rolled into GBR, which may end up having a single legal office...

The issue with that is who would be willing to do it instead of the TOCs? Would the CPS really want to deal with hundreds of out of court settlements every day?

 

[Iskra]

This all shows that TOCs should be stripped of the power to prosecute. Northern are clearly trying to intimidate the OP into providing evidence. I used to do prosecutions for a local authority, and we were left in no doubt that we had to investigate fairly and reach a conclusion as to whether an offence had been committed, and could be proved beyond reasonable doubt to have been committed. The same as Crown Prosecution Service standards. A Solicitor is an officer of the court, with professional standards. TOC staff are not.

But, they do have ready access to professional legal advice.

This does seem like a fishing expedition, trawling for anyone who has bought a suspect ticket. I'm sure they've sent plenty of correspondence and there will be a steady stream of people who incriminate themselves or don't have a reasonable explanation, so it is undoubtedly worthwhile. Short faring is a massive issue, and I do support TOC's going after those who commit fraud. Anyone innocent has the right to ignore correspondence, and wait for the TOC to develop a case, and pursue it; which is very unlikely if they have genuinely done nothing wrong.