GWR Prosecution

[Bt18]

It is section 3(a) that is the relevant part. You hadn't "previously paid [your] fare" before travelling - paying a fare for which you are not eligible does not count. Therefore it is down to whether or not GWR can prove intent to avoid payment.

If I had to make any kind of judgment on the matter, the fact that you have previously received a Penalty Fare and the fact that you said you wouldn't have paid the correct fare if you hadn't been stopped, will both weigh against the credibility of a defence that you acted honestly. However, in all other respects I think there may certainly be an arguable case.

When the ticket inspector asked me if it was 'fair to say that if he hadn’t stopped me then I would have travelled the route on a cheaper ticket than I qualified for' and I answered 'actually yes, that is fair to say', I answered honestly that way because I did not know that the Jobseekers discount was higher than the Young Persons discount until the previous question. His previous question was 'are you aware that a jobseekers discount is bigger than a young persons discount?' to which I answered no, I didn't know that. So I decided to answer honestly and say that actually yes it is fair to say that I wouldn't have paid the correct fare, because up until that point I had thought it was the same discount, just with a different card. - As I have previously said, I don't regularly use trains

 

[Haywain]

Okay, so despite the fact that I offered there and then to pay the fare, they would still try to say that I was trying to avoid it? Sorry for all the questions

As cuccir said, actions and statements. Action: having a cheaper fare than was due. Statement: saying you wouldn't have paid the correct fare if you hadn't been stopped. You could mount an argument against this, but the evidence that will be presented to the court (if you and GWR let it get there) is pretty strong.

 

[Bt18]

As cuccir said, actions and statements. Action: having a cheaper fare than was due. Statement: saying you wouldn't have paid the correct fare if you hadn't been stopped. You could mount an argument against this, but the evidence that will be presented to the court (if you and GWR let it get there) is pretty strong.

In my previous post I explained why I answered like that, as I was trying to be honest.

 

[furlong]

Okay, so despite the fact that I offered there and then to pay the fare, they would still try to say that I was trying to avoid it? Sorry for all the questions

Any offence is committed at some point in time. Once it has been committed that obviously cannot be un-done. The train company might argue that the point in time at which you committed any offence was prior to your encounter with the inspector. If the offence has already been committed, offering to pay the inspector at a later time may be of no relevance.

 

[Bt18]

I agree with everyone when they say that the ticket inspector is doing his job, and I will admit that I should have just bought a standard ticket rather than rushing to find the 16-25 discount and selecting the jobseekers one without knowing the difference. Until the point of questioning though, I was not aware that there was a difference in discount between the railcards, and so when I was asked later on if it's fair to say that if he hadn’t stopped me then I would have travelled the route on a cheaper ticket than I qualified for, I answered honestly and replied told him that actually that is fair to say, as I wasn't aware that the discounts were different.

 

[Haywain]

In my previous post I explained why I answered like that, as I was trying to be honest.

That is understood. You are at a very early stage at the moment, and can do little until you receive a letter from GWR asking for your version of events. When that happens you can respond explaining that it was an inadvertent error on your part and that you did not intend to avoid the correct fare and they will, hopefully, agree to settle without going to court.

 

[Bt18]

That is understood. You are at a very early stage at the moment, and can do little until you receive a letter from GWR asking for your version of events. When that happens you can respond explaining that it was an inadvertent error on your part and that you did not intend to avoid the correct fare and they will, hopefully, agree to settle without going to court.

Okay, thank you Haywain, I did not mean to come across as snappy! This is just a very stressful situation for me and one that I never intended to get myself into!

 

[ForTheLoveOf]

Okay, so despite the fact that I offered there and then to pay the fare, they would still try to say that I was trying to avoid it? Sorry for all the questions

That weighs in favour of it not being your intention to avoid the fare, but in legal terms it is perfectly possible for someone to be convicted for boarding without a ticket at a station without ticketing facilities, if for example they then decided to hide in the toilet to avoid the guard.

 

[cuccir]

With regard to your answer to the questions: while the answer to the last question isn't great, the answers to the others are good and important: you said that you didn't know the difference in prices, and that you weren't trying to evade your fare. These are very helpful answers for your case.

Haywain is right though - you're unlikely to hear back for several weeks so try and put this to the back of your mind for now.

 

[Bt18]

Does anyone have any further advice as to what to do? Obviously wait for the letter from GWR, see what they have to say and then get a solicitor to help me reply to the letter. But should I be doing anything in the interim?

 

[Bt18]

With regard to your answer to the questions: while the answer to the last question isn't great, the answers to the others are good and important: you said that you didn't know the difference in prices, and that you weren't trying to evade your fare. These are very helpful answers for your case.

Haywain is right though - you're unlikely to hear back for several weeks so try and put this to the back of your mind for now.

Thank you cuccir, I’m sure you can tell that this has rattled me greatly and I appreciate your understanding and reassuring words.

 

[Anonymous123]

hey hope everything is sorted now...How long did it take you to get the letter for them? What was the outcome of your case.

I might receive one soon too and I am worried!!

 

[Haywain]

hey hope everything is sorted now...How long did it take you to get the letter for them? What was the outcome of your case.

I might receive one soon too and I am worried!!

You would probably be better to start a new thread and get some advice from active members of the forum.

 

[Anonymous123]

You would probably be better to start a new thread and get some advice from active members of the forum.

Thank you