Prosecuted by mistake: Scope for recovering costs?

[robbeech]

Mod Note: Posts #1 - #6 were originally in this thread.

One hopes that your friend will be recovering any costs incurred including their time for this from the court or the TOC. It is unfortunate for the TOC as it isn’t their fault but they have more responsibility than your friend does in the matter.

 

[najaB]

One hopes that your friend will be recovering any costs incurred including their time for this from the court or the TOC.

I'm not sure how far a claim for costs would get since, as you pointed out, the TOC has done nothing wrong.

 

[robbeech]

I realise this is tricky. Though you could argue (poorly) that they didn’t make a good enough attempt to identify the person evading the fare. They could not prove beyond doubt that the person was who they said they were.

 

[najaB]

They could not prove beyond doubt that the person was who they said they were.

The name and address given passed the checks that are available, and they got no reply to the contrary when they wrote to the address given. There's not much more that they realistically could've done.

 

[Llanigraham]

I realise this is tricky. Though you could argue (poorly) that they didn’t make a good enough attempt to identify the person evading the fare. They could not prove beyond doubt that the person was who they said they were.

They have got no more chance of recovering any costs from the Rail Company as a cow has of jumping over the moon.
The Rail Company has done nothing wrong, and seem to have followed the letter of the Law throughout, as has already been explained.

 

[Puffing Devil]

I realise this is tricky. Though you could argue (poorly) that they didn’t make a good enough attempt to identify the person evading the fare. They could not prove beyond doubt that the person was who they said they were.

It's beyond that. The case has been heard, the sentence has been passed. It now requires a rewind of that before any further action.