LateThanNever
Member
- Joined
- 18 Jul 2013
- Messages
- 1,029
Fair enough - but the principle still stands up!Although in this case there is a ticket office there, the passenger just chose not to use it.
Fair enough - but the principle still stands up!Although in this case there is a ticket office there, the passenger just chose not to use it.
It is a shame though.
Anyone else would have the book thrown at them, yet if you're rich, you can buy your way out of trouble.
One rule for them, one rule for us.
Theyve done right in this case - getting money back from a case like this is certainly better for the TOC than a prosecution.
It is a massive amount of money but stuff like this has been going on for years since the introduction of Oyster. Ive mentioned before some large amounts being recovered at a previous TOC.
If I was advising the Company, I'd have to favour the settlement.
What would be the grounds for advising "thowing the book at them" (by which I'm reading that the Company exercises it's authority to prosecute a Criminal Offence) ?
Well, I won't argue with that. But in this circumstance, it's not "the authorities" ( those responsible for issues in the relationship between individuals and the state) who are pursuing it, but is a private Company.Isn't the whole "point" (for want of a better word) of a criminal offence, that it is deemed to be an offence against society, therefore the authorities should pursue it on that basis, regardless of whether it is convenient for the victim (the TOC) ?
. . . .
Well, I won't argue with that. But in this circumstance, it's not "the authorities" ( those responsible for issues in the relationship between individuals and the state) who are pursuing it, but is a private Company.
Why would a private, commercial, Company pursue "an offence against society"? (actually, it would be easier for us to claim that it was an offence against the Company, but perhaps that side-steps your point).
What interests me here, is to learn what criteria a private Company would have used to choose to put in the time and effort and accept the risks in pursuing a Criminal Offence (which doesn't come cheaply, is to little benefit to themselves, especially when we consider the potential benefit of taking a commercial approach seeking to recover their losses, whether through general commercial Law), or through specific Railway legislation.
Well as Tesco would doubtless conclude that is one of the costs of business. But they would be very happy to get the restitution as they have a much more onerous criminal law for their wrongdoers.Well, I won't argue with that. But in this circumstance, it's not "the authorities" ( those responsible for issues in the relationship between individuals and the state) who are pursuing it, but is a private Company.
Why would a private, commercial, Company pursue "an offence against society"? (actually, it would be easier for us to claim that it was an offence against the Company, but perhaps that side-steps your point).
What interests me here, is to learn what criteria a private Company would have used to choose to put in the time and effort and accept the risks in pursuing a Criminal Offence (which doesn't come cheaply, is to little benefit to themselves, especially when we consider the potential benefit of taking a commercial approach seeking to recover their losses, whether through general commercial Law), or through specific Railway legislation.
Should it be a private company pursuing criminal offences at all.
If it's serious enough to be a criminal offence, surely the the authorities in the form of the BTP perhaps, should be given the resources to pursue it on behalf of the state. Alternatively, perhaps it should be settled as a civil matter.
Either way, it seems unsatisfactory that someone can buy their way out of trouble for a massive fraud when other people are prosecuted for the same offence for smaller sums simply because they don't have the financial means to cough up.
I think Southeastern wanted to get some publicity, and the best way to do that is to quote a very large sum. As others have said, that will make anyone else doing this worried and put them off.The official line as for why this was settled out of court is that it allowed Southeastern "to recover the sum owed to us very quickly without incurring the additional costs or uncertainty associated with pursuing the matter through the courts".
You're mistaken. Remind me at the Leeds meal and I'll give you several examples of outcomes. Some of which are posted on this forum; you just have to look through the Disputes section to find the ones where the outcomes were posted...., it seems unsatisfactory that someone can buy their way out of trouble for a massive fraud when other people are prosecuted for the same offence for smaller sums simply because they don't have the financial means to cough up....
I think Southeastern wanted to get some publicity, and the best way to do that is to quote a very large sum. As others have said, that will make anyone else doing this worried and put them off.
If it had gone to court, there's no guarantees that Southeastern could prove it was a regular act for 5 years, and the level of fine would likely be far lower.
The extreme left are wrong to suggest that poor people cannot settle out of court. They're obviously not experienced in this area. Some people who have come to ask us for advice have admitted their guilt and a prosecution would be incredibly easy, but nearly all that I'm aware of have settled. In some cases the amounts have been as low as £20. In a similar case to the one described, the sum was 'only' a 4-figure sum, and there was probably no less evidence available to the TOC (Greater Anglia) in that case than this one.
As for the certain media, they've made so many mistakes and got PAYG and Travelcards mixed up. I think they're guessing and have got different hypotheses mixed up into one! Anyone who knows anything about such matters knows its nonsense.
--- old post above --- --- new post below ---
You're mistaken. Remind me at the Leeds meal and I'll give you several examples of outcomes. Some of which are posted on this forum; you just have to look through the Disputes section to find the ones where the outcomes were posted.
It's annoying when people don't post the outcomes. Sometimes I find out via PM (either by the original poster, or in some cases by other parties!). But, I would say this: it's rare for the outcome to be a prosecution, if the defendant was prepared to reach a settlement, in the cases I've seen.
For those wondering why he didn't use a travelcard on oyster rather than pay the maximum fare, I imagine such a usage pattern on a travelcard (regular incomplete journeys starting or ending in zone 1) would immediately flag up as suspicious and be investigated. Better to use an unregistered payg card (or, if he's clever, several cards) perhaps interspersed with some legitimate journeys.
As to the rich/poor law nonsense, settling out of court is pretty much the norm for all TOCs for much the same reasons as Southeastern did it in this case. Northern's £80 scheme is a perfect example. The media are just making a meal of it as he vaguely falls into the category of a 'banker' and you can't go wrong vilifying a banker these days. Lazy journalists love easy outrage.
47513
I think that you will find that HMRC settle tax evasion cases in this way on a very regular basis.Its hard to imagine fraud or theft of this magnitude being let off in any other circumstance. I cant imagine an employer or a shop not pursuing such an action, as much for the deterrant effect.
Its hard to imagine fraud or theft of this magnitude being let off in any other circumstance. I cant imagine an employer or a shop not pursuing such an action, as much for the deterrant effect.
Tim R-T-C said:Surely as a private company, fare evasion would be something they need to take seriously since their "million pounds" would rely on it. A company is not going to deliberately allow themselves to lose revenue.
I admit I only skimmed the thread, but I'll point out that a fraud conviction, or even the mere mention of his name alongside the word "fraud", would likely bar this person from financial industry employment.
[...]
A win-win, I'd say.
I admit I only skimmed the thread, but I'll point out that a fraud conviction, or even the mere mention of his name alongside the word "fraud", would likely bar this person from financial industry employment.
Therefore, it was clearly in his best interest to settle the matter anonymously at any cost (even 43k is a meager sum compared to his jeopardized future earnings), and SE still gets their costs recouped and a triumphant "fare evasion doesn't pay" news cycle.
A win-win, I'd say.
Ah yes. Just as we'd never employ any thiefs in the Police, employ disturbed people in mental health, employ philistine aetheists in the Church or employ veggies and vegans in a butcher.Well, you could say that there might well be a good reason for fraudsters to be barred from working in the financial services, in which case it's not a win from that perspective.
They'd never have got that much money in court.
Ah yes. Just as we'd never employ any thiefs in the Police, employ disturbed people in mental health, employ philistine aetheists in the Church or employ veggies and vegans in a butcher.
[stereotypes used deliberately for effect]
I'm sure this isn't the only professional in financial services who thinks nothing of a 'scam' or two. In fact, I know it isn't!
Unfortunately, the TOC isn't as reliant on the additional revenue as you'd think, given that most franchise agreements have "cap and collar" arrangements. Essentially reduced income equals reduced franchise payments, and increased revenue sends more money back to the Government. The Government take most of the revenue risk, so why would the TOC care about fare evasion?
Well, you could say that there might well be a good reason for fraudsters to be barred from working in the financial services, in which case it's not a win from that perspective.
Just out of curiosity, I understand that the TOC will have dropped the private prosecution (I assume), but does this prevent the possibility of the police/CPS taking up the prosecution for themselves? Some sort of public interest thing (if the accused works in financial services)?
Obviously the TOC wouldn't be interested in pushing this themselves, but I imagine they would be compelled to testify as a witness in court, confidentiality agreement or no.
Well, you could say that there might well be a good reason for fraudsters to be barred from working in the financial services, in which case it's not a win from that perspective.