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Tickets - Is possession of them theft ?

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tony_mac

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and by paying for and using the ticket, the passenger is then deemed legally to have accepted these conditions unconditionally.

...which say that they can only demand the return of a ticket if the conditions are breached.

My question still is 'If they cannot take arbitrary possession of an unused ticket, what evidence is there that they can do it with a partially or completely used ticket?'
 
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...which say that they can only demand the return of a ticket if the conditions are breached.

My question still is 'If they cannot take arbitrary possession of an unused ticket, what evidence is there that they can do it with a partially or completely used ticket?'
No they DO NOT say that.

They REQUIRE the ticket to be produced for examination when requested.

Can you please explain exactly which part of
Tickets remain the property of the relevant Train Company.
you are having trouble with ?

Or are you trying to say that if you give something to someone that the recipient immediately gain ownership ??

Frankly this point of yours is going nowhere and never can. It is becoming repetitive simply because you refuse to accept a simply statement of fact.

I suggest you call the Citizen's Advice bureau and debate it. Or you may wish to contact any one of your various banks, credit card companies, satellite broadcast providers, utility companies, et al and debate with them similar terms in their contracts about the retention of ownership.

You may have the luxury of idle time, but with respect I do not and this has already taken up far too much of my limted free time so I suggest we park this and move on ?
 

thedbdiboy

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It is all becoming a bit academic with the advent of Oyster Cards and Print At Home tickets - with the latter, given that the customer own the paper and ink, it is the transmission of the data that remains 'owned' by the TOC in contractual terms :shock:
 

Xenophon PCDGS

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My son, being a railwayana collector, is now worried about being in possession of a collection of very old railway tickets, that he bought in an auction sale many years ago, as I have informed him of the thread question and the subsequent postings.

Do these sucessors to the owning companies of the railways that issued these tickets (all pre-1923 groupings) and then British Railways (post 1948) still legally have the ownership "in perpetuity", or does there come a time when this legal definition ceases to be law? Many pre-1923 grouping tickets are part of many railwayana collections. It might sound petty at first sight, but legalistic definitions can sometimes cover occasions where we would normally dismiss these out-of-hand.
 

Old Timer

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My son, being a railwayana collector, is now worried about being in possession of a collection of very old railway tickets, that he bought in an auction sale many years ago, as I have informed him of the thread question and the subsequent postings..
Paul.

The whole thing has become academically silly.

Let me tell you with authority that there is no way any TOC or other part of the Railway will come calling with Police and Lawyers for old tickets.

In BR days we generally recovered tickets but we were happy to let people keep them for claiming expenses or to keep as souveniers etc.

The technical ownership part is only ever imposed for fraud cases, or when someone wants to become difficult.

There really is nothing to worry about, honestly.
 

AlterEgo

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This is becoming quite an inane argument. It's a right the Railways have as a catch-all for people who may misuse tickets.

It is very rarely exercised. Common sense and all that... :roll:
 

40086

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Not usually, in my experience; a receipt shows that you bought a ticket, not that you travelled - it could easily have been refunded afterwards.

Depends how you paid, for example if by debit / credit card then you could refute such a claim by the TOC by showing no refund onto the said card. Have to say not been an issue when I've had to complain about delays (Scotrail barriers retain the tickets on exit, but you do get a receipt slip when paid for by card which I normally do!).
 

87 027

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A receipt will show you the issuing station and the fare paid but not the origin and destination stations for the journey itself which could of course be completely different. My organisation's travel policy requires original tickets to be attached to an expenses claim, not least so that they can demonstrate to a tax inspector at a future date that they haven't reimbursed home-to-work travel as opposed to office-to-client travel claims in breach of the HM Revenue & Customs dispensation on taxable expenses.
 

tony_mac

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No they DO NOT say that.

They REQUIRE the ticket to be produced for examination when requested.
for examination (only).....

Can you please explain exactly which part of you are having trouble with ?

Or are you trying to say that if you give something to someone that the recipient immediately gain ownership ??
As I have said, ownership does not automatically give a right to taking possession arbitrarily. Such as, you can't sell someone a ticket then take it back off them. Or lease them a car, then take it back, etc.

Frankly this point of yours is going nowhere and never can. It is becoming repetitive simply because you refuse to accept a simply statement of fact.

I have asked questions to try and ascertain why you believe this is a 'fact'.
You avoid answering them, preferring to repeat the assertions instead.
I am sorry that you don't appear to understand the questions, I didn't think it was particularly difficult.

I don't know what the answer actually is, I was hoping somebody could help find it - but it appears not.
 

DaveNewcastle

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I regret that I haven't felt insipred to participate in this debate! One quick post and I was gone, but tony_mac, I had thought that my reference to "a person in control" of an item may have assisted (in addition to the "Owner") and my hints at legal Judgements on discarded items.

I hesitate to quote from myself, but it was "As the Railway Company has allowed the passenger to be in control of the ticket, and after the completion of its intended use (by both parties), and without any further request or action by the Railway Company, the passenger would be quite entitled to destroy it or to transfer it to someone else for destruction/ recycling etc (as long as it was not a Dishonest transfer)."

What follows from this? Well, the matter of dropping litter in the form of a Rail Ticket, is the liability of the passenger. (The person on control of the item).
The matter of retaining the ticket for future inspection or retention by a TOC must be proscribed by pragmatic considerations. 21st Century Consumer T&Cs would probably cover this in detail, but our aged CoC will just have to do, and they just manage. They do fail to define the expiry of the requirements after travel - specifically, the expiry of any claim to recover a ticket, though we are not completely in the dark.

The jurisdiction over the property (by the owner, BR and now TOCs) cannot be in perpetuity. The Judgement in Woodman entitled the owner (the TOCs in our case) to claim entitlement after some time, and I expect this is at the heart of your concern. However, I struggle to see how that matter (it concerned abandoned metals with an intrinsic market value) can be applied to a Rail Ticket, which is a mere token of a Permit to be conveyed within a specific period of time. That latter time constraint distinguishes an expired ticket from scrap metal adequately to refute Woodman in my opinion.

I can't find any Case Law which would re-assure you further tony_mac, but it is incredible that a claim of possession beyond the currency of the journeys permitted by the TOC could suceed in Law. I have a few lines of thought through comparable cases to support this, but none that directly answers your question, sorry.
However, I had hoped to re-assure with my reference to the wonderful Benjamin Pell. If my memory is correct, he made a respectable income from selling his stories of scandalous behaviour by wealthy people in the public eye, took the papers from the bins of wealthy Law Firms concerned to protect (alledged) wrong-doing by personalities and politicians, carried on taking the property of others (legal papers with no market face value) for years, and which cost the Personalities probably hundreds of thousands in damages, and was doing all this in the full gaze of the public, the police and presumably the injured parties; the point is that he was taking the property of someone else without their permission. He obtained a more-than-respectable income from his finds. Normally, this would be Theft to you and me.
And the high-profile Libel Law Firms (and their famous clients) thought so too. They wanted to claim that the contents of their back lane rubbish bins were still theirs (or their Clients'), and that Benjy was a Thief.
These cases againt Benjy illustrate that while the Law may be compelled to agree that these documents, and our Railway tickets, may still belong to another, we have two reasons to feel confident:
The TOC places the passenger in a postion of control of the property. Beyond the currency of the ticket, only an investigation into Fraud (or other serious Crime) could require the production of the ticket as evidence (It would be siezed under the provisions of PACE, and even PACE only allows the Police to retain the evidence until the Investigation and any subsequent proceedings are concluded).
When the Courts have been compelled to Judge against Benjy-the-Binman after the loss of perhaps as much as a million (I really have't a clue how much celebs and politicians might have 'lost') then they concluded the elaborate proceedings with a fine of just a tenner.

If we're still missing something in your question then lets give it one more go. Otherwise we really will have to draw a line.
 
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Old Timer

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A receipt will show you the issuing station and the fare paid but not the origin and destination stations for the journey itself which could of course be completely different. My organisation's travel policy requires original tickets to be attached to an expenses claim, not least so that they can demonstrate to a tax inspector at a future date that they haven't reimbursed home-to-work travel as opposed to office-to-client travel claims in breach of the HM Revenue & Customs dispensation on taxable expenses.
Here is what HMRC states in its guidance.

You should record the date and details of every benefit and expenses payment you provide, and retain any documentation relating to them. The specific information you need to record and keep will differ depending on the type of expense or benefit you have provided. A good rule of thumb is that you should retain any information required to work out the reportable value that goes on your employee’s form P11D or P9D at the end of the year.

For example, if you reimburse an employee’s travel expenses you’ll need to keep a record of when and why the travel costs were incurred, and where possible retain receipts from the employee to confirm the costs you’re reimbursing. Or if you provide an employee with a company car, your records will need to confirm the wide range of details that affect a car’s reportable value, such as its make, model, age, list price and fuel type.

Quite clearly HMRC do not require the tickets.
 

richw

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The ticket remains the property of the railways, which is why some ticket gate staff are reluctant to give them back in the event of a delay.

Would be an interesting case if a local authority was to prosecute a railway company where tickets had been left by passengers as litter. After all they are the still the property of the railways so they could be forced to clean them up :)

With regards to litter a company can be prosecuted for commercial littering if a large amount of their packaging is littered. For example if there was a large amount of fast food packaging chucked around, that fast food firm can be prosecuted. This is why you see companys such as mcds doing litter patrols in the area around their restaurants, and not just within their grounds!

Sent from my HTC Sensation Z710e using Tapatalk
 

snail

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Quite clearly HMRC do not require the tickets.
It's not all about HMRC. My employer's travel policy is normally to issue tickets through an approved agent. Because it is handled internally there is no requirement to get receipts or keep tickets. Should I have to make any additional journeys, however, then tickets are required *by my employer*.

Nothing to do with HMRC, my employer has a more restrictive expenses policy. Under HMRC rules you can claim for a home-business journey in full if it replaces a home-(normal place of) work journey. Under my employer's rules the home-work distance must always be deducted. The only exception is if I travel by train, when the ticket will be reimbursed in full if I present it. A receipt alone is not sufficient as it does not detail the journey undertaken, as 87027 said. The HR dept have no idea, for instance, where I have started the trip from, only the place where I bought the ticket.
 

IanXC

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My employer requires sight of the tickets. I simply copy them before travelling, then whether I have them following the trip or not I've got it covered. Saying that my employer's accounts payable specifically do not accept originals, we all recon so they can't loose them!
 

First class

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It's not all about HMRC. My employer's travel policy is normally to issue tickets through an approved agent. Because it is handled internally there is no requirement to get receipts or keep tickets. Should I have to make any additional journeys, however, then tickets are required *by my employer*.

Nothing to do with HMRC, my employer has a more restrictive expenses policy. Under HMRC rules you can claim for a home-business journey in full if it replaces a home-(normal place of) work journey. Under my employer's rules the home-work distance must always be deducted. The only exception is if I travel by train, when the ticket will be reimbursed in full if I present it. A receipt alone is not sufficient as it does not detail the journey undertaken, as 87027 said. The HR dept have no idea, for instance, where I have started the trip from, only the place where I bought the ticket.

Technically you cannot transfer tickets to the employer!

A lot of employers need to change this policy on seeing actual tickets, it is very outdated and does not show a great deal of trust in employees.
A receipt is sufficient for accounting purposes.

ATGs are increasingly common....
 

Old Timer

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It's not all about HMRC. My employer's travel policy is normally to issue tickets through an approved agent. Because it is handled internally there is no requirement to get receipts or keep tickets. Should I have to make any additional journeys, however, then tickets are required *by my employer*.

Nothing to do with HMRC, my employer has a more restrictive expenses policy. Under HMRC rules you can claim for a home-business journey in full if it replaces a home-(normal place of) work journey. Under my employer's rules the home-work distance must always be deducted. The only exception is if I travel by train, when the ticket will be reimbursed in full if I present it. A receipt alone is not sufficient as it does not detail the journey undertaken, as 87027 said. The HR dept have no idea, for instance, where I have started the trip from, only the place where I bought the ticket.
Sounds like you are under one of the "Construction Schemes" ?

To be frank your employer sounds like their systems are very poor, and they have little trust in their employees.

I say that because they insist on a copy of the ticket, whereas HMRC only require proof of the money paid and it is they who in reality should be more concerned.

The other point is that if as you say they deduct home to work, then where you are going in a different direction you are actually subsidising a portion of the travel costs - when they deduct home to work.

God only knows how they would manage me then with air travel as well ! I can see it now - no payment for UK to Netherlands and a deduction for the long haul out of the Netherlands as far as UK
 

snail

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Sounds like you are under one of the "Construction Schemes" ?

To be frank your employer sounds like their systems are very poor, and they have little trust in their employees.

I say that because they insist on a copy of the ticket, whereas HMRC only require proof of the money paid and it is they who in reality should be more concerned.
Why it is a lack of trust to want to see proof that a journey was ticketed? Should they also take my word for meals and hotel rooms? It doesn't bother me because every trip I do now is booked through their travel agent so I don't have to worry. They also discourage private car mileage by keeping the mileage allowance low but instead offer hire cars through Hertz. They receive a commission on everything and have some control over costs.

The HMRC rules provide for tax exemptions and nothing more, which is why employers can be more stringent if they want to.

In my company's case (insurance if you must know) it is partly because people have abused expenses in the past. One classic I know of is a senior manager that lived in Wilmslow, claimed for Open FC tickets Manchester-London but drove to Crewe or Stoke, waited for Off-Peak restrictions to end - this is before they were based on arrival times - and travelled in Standard! It wouldn't be that hard to get a receipt from Manchester Piccadilly then refund the ticket for something cheaper if I wanted to.
 
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IanXC

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Sounds like you are under one of the "Construction Schemes" ?

To be frank your employer sounds like their systems are very poor, and they have little trust in their employees.

I say that because they insist on a copy of the ticket, whereas HMRC only require proof of the money paid and it is they who in reality should be more concerned.

The other point is that if as you say they deduct home to work, then where you are going in a different direction you are actually subsidising a portion of the travel costs - when they deduct home to work.

God only knows how they would manage me then with air travel as well ! I can see it now - no payment for UK to Netherlands and a deduction for the long haul out of the Netherlands as far as UK

Exactly the same as my employer. Not only is there the HMRC considerations, but we also have various green and travel policies to ensure are complied with, and also tbh, making sure that employees are claiming the correct things.

Deducting home-work from a private car mileage claim makes perfect sense. Why should you get a day without paying your usual travel costs just because you are going to another location?
 

WelshBluebird

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It is all well and good saying HMRC do not need to see the tickets, but many companies will require you to. When I was attending quite a lot of placement interviews (I am at university and was doing a years work placement), most of the companies asked to see the specific ticket in order to reimburse the costs to me. The ticket. Not a receipt. And the issue about delays still stands. I realise that in reality, it would be rare for a ToC to take the ticket off you / refuse to give it back to you, but the fact it can happen is a pain in the backside for some.
 

Stewart

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The Adelphi in Leeds has one table with about 1000 used train tickets inside it. Don't know who decided to start that little trick..
 
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