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Northern Rail Sheffield Dispute

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After having a long conversation with a friend today, I am looking for some advise with a prosecution letter which he has received from Northern Rail.

My friend was travelling from Barnsley to Sheffield in November 2014 on a ticket with a South Yorkshire 16-18 pass. My friend purchased a single ticket to Sheffield from Barnsley at the ticket office in the station. He recalls having to do this since Revenue Protection Officers were on the station and only allowing passengers through the doors onto the platform who had the correct tickets/passes. He showed his ticket and pass to the Revenue Protection before joining the fast Leeds - Sheffield service.

Tickets and passes were also checked again once on board the service after leaving Meadowhall. When asked to do so my friend showed his ticket and pass to the conductor on the train.

The issue occurred however once my friend arrived at Sheffield Station. My friend left his ticket on the train table believing that he would not require it as he had completed his journey. When we tried to leave the Sheffield he was greeted by more revenue protection officers asking to see tickets. My friend was not able to produce this as he had left it on the train so was pulled to one side. His name address and a statement were taken where he informed them that he had must have had a ticket as there was a barrier in force at Barnsley.

After Christmas, my friend received a penalty notice through the post requiring £80 to be paid in order to settle the dispute however he decided foolishly to ignore this. Yesterday, another letter came in the post from Northern following a prosecution which gave dates where he would be required to attend a court in Doncaster.

Is there anything that my friend could do to prove to the courts that he was travelling with a ticket? He has debit card statement showing the purchase of the ticket however this isn't sufficient enough to be used as clear evidence as there is no time on the slip.

Could my friend contact Northern Rail and ask for relevant CCTV surrounding the days events? This could show my friend:

A). Purchasing the ticket
B). Showing it to the revenue protection inspector at Barnsley.
C). Showing it to the train guard - this could also prove that it was a valid ticket as it was shown the guard after leaving Meadowhall and the train terminated at Sheffield
D) Leaving the ticket on the train

Any advise would be kindly appreciated. Apologies for being rather vague on the prosecutions and penalty notice letters, my friend has only told me of these and I have not actually seen the letters.

Cheers,

Richard
 
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ian959

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I would suspect that you can forget about CCTV - it is doubtful that the tapes even exist let alone anyone bothering to go through to see what is on them that MIGHT show your friend.

Unfortunately, as much as your friend might not like it, his date in court will most likely not be a happy one and he will very likely wish that he had not ignored that fixed penalty notice from Northern.

When asked to do so, your friend could not produce a ticket for inspection, which makes this a straight forward Byelaw 18(2) prosecution which is a strict liability offence.

Remember that the courts have heard every excuse under the sun and "I left it on the train" would be a popular excuse. The only defence your friend would have is if he can produce some concrete evidence of purchase of a ticket - a receipt, a credit card statement or some such.
 

SickyNicky

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The only defence your friend would have is if he can produce some concrete evidence of purchase of a ticket - a receipt, a credit card statement or some such.

I'm afraid that's not a defence in this case. Your friend failed to produce a ticket for inspection. Whether he originally bought one or not is not relevant.

Can you tell us exactly what the prosecution letter says, please? It's important to know what legislation is being used.
 

Fare-Cop

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He recalls having to do this since Revenue Protection Officers were on the station and only allowing passengers through the doors onto the platform who had the correct tickets/passes.


I know what you mean by this, but this is probably not the best phraseology for your friend to use in responding to the notice of intended prosecution.

ie: 'he recalls having to do this since revenue protection officers were on the station'

The way it is currently worded may suggest that your friend only purchased a ticket because there were revenue protection officers present.
 

Camden

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Would your friend not be better off first of all contacting Northern, apologising for not settling the matter before now, and offering to settle the matter out of court, and asking them what their costs are to date so that your friend can settle those too?

And I think your friend maybe could do with learning a couple of lessons: 1) you don't only have to buy a ticket because there are revenue inspectors at the station, you have to buy a ticket because you are getting on a train, and 2) take your litter home with you.

If the situation is as you suggest, that simple piece of advice would have saved all the trouble (it may also have saved someone getting on the train afterwards from having to dispose of the rubbish your friend left on the table for someone else to clean up, because he believed "he would not require it as he had completed his journey"...)
 
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island

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Well, there are probably things that would tend to indicate he held a ticket. None of them matter, as I assume the offence he is being charged with is that he failed to hand over a ticket for inspection when asked to do so.
 

mikeg

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Island is right and we need to know what the offence your friend is being charged with is. If it's failure to produce a ticket for inspection, there is no defence. If it's RoRA 1889 a defence may succeed based on evidence of having paid but I'll leave the likelihood of that up to others on the forum. Of course, having heard your friend's version of events it is likely that they could change the offence he is being prosecuted under to the failure to produce a ticket byelaw.
 

pne

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I know what you mean by this, but this is probably not the best phraseology for your friend to use in responding to the notice of intended prosecution.

ie: 'he recalls having to do this since revenue protection officers were on the station'

The way it is currently worded may suggest that your friend only purchased a ticket because there were revenue protection officers present.

I thought that, too!

It sounded a lot like: "I don't ordinarily buy tickets but I remember that on this particular day I had no choice, because those RPOs were skulking around."
 

323235

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Also I don't understand why having seen RPI's at Barnsley, he then didn't think there might be a possibility he should retain his ticket for similar checks at Sheffield.
 
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