Travel irregularity

[jkdd77]

How is the "£139" fare calculated? The fare avoided is presumably the "additional fare for the additional distance", as stated in the summons, which, being the Newcastle- Almouth fare, is vastly lower, at £10.30.

The London- Almouth single fare appears to be £140.

If the OP is unsuccessful in persuading XC to settle, he may be able to challenge the fare compensation on this basis.

Having reviewed DaveNewcastle's detailed, knowledgeable and helpful posts, I nonetheless note an apparent contradiction between his post #45

One upshot of this is, that if your attempt at an OOC settlement fails, then the Company is quite likely to proceed with a factually incorrect prosecution - such as a claim that you did not have a valid ticket to cover the journey from Paddington station. In that eventuality, you (with or without legal representation) should have little difficulty in having the Prosecution rejected as unproven.

and his more recent post #58

The references to Paddington are immaterial to the alleged offence

It is not clear from the above posts whether the prosecution could be challenged on the basis that the charge is factually incorrect in alleging that the OP travelled from Paddington. Perhaps DaveNewcastle will provide clarity in a future post.

 

[najaB]

It is not clear from the above posts whether the prosecution could be challenged on the basis that the charge is factually incorrect in alleging that the OP travelled from Paddington. Perhaps DaveNewcastle will provide clarity in a future post.

I'm not DaveNewcastle but I believe that the wording of the charges matters. Had they alleged that the OP had travelled from Paddington to Alnmouth without a ticket then the charge could have been defeated as per the earlier post. Now that the charge is specified as having travelled beyond the distance for which a fare was paid, the starting station is less important as there is no doubt that the OP paid no fare for Newcastle to Alnmouth.

 

[DaveNewcastle]

I can see the confusion, but the two points I made in reference to Paddington were in different contexts :-

In one, the first quotation, I was speculating that the Company may attempt to prosecute for ticketless travel from Paddington to Alnwick, the evidence for which would be put to proof and found wanting. However, the Company did not pursue that mistaken approach.

In the other, the second quotation, I was referring to the actual prosecution which the Company has proposed to prosecute, which is ticketless travel from Newcastle to Alnwick. This is factually correct. In this context, the references to having begun the journey (with a ticket) at Paddington (or elsewhere) are irrelevant.

josha169, I hope you haven't been confused by these two references to paddington in quite different contexts.

 

[josha169]

Hi just want to first of thank everyone for giving the time to help me.

So I decided to hire a lawyer and went in depth on what happen and what option I had. We ended up plea not guilty and that bought us time to attempt to get in contact with the head of transport limited, After a 3-4 attempt my lawyer eventually got through to him and came to an agreement to settle out of court.

Its been a really hard and stressful time going through all this but in the end I got the outcome I wanted , just want to tell any one who is currently in the same shoes as me to not give up even to the the very end, get a lawyer if you can afford one but just keep trying to settle

 

[crehld]

Hi just want to first of thank everyone for giving the time to help me.

So I decided to hire a lawyer and went in depth on what happen and what option I had. We ended up plea not guilty and that bought us time to attempt to get in contact with the head of transport limited, After a 3-4 attempt my lawyer eventually got through to him and came to an agreement to settle out of court.

Its been a really hard and stressful time going through all this but in the end I got the outcome I wanted , just want to tell any one who is currently in the same shoes as me to not give up even to the the very end, get a lawyer if you can afford one but just keep trying to settle

Thanks for taking the time to come back and give us an update. Glad it's all been sorted!

 

[mosaicwarts]

I am glad you have had a good outcome. Sorry there wasn't a direct Kings Cross-Alnmouth train available that day, would have saved you a lot of angst.

I'm still on tenterhooks waiting for my son to be summonsed by TIL (didn't have his railcard with him on a Cross Country train).

 

[hoyin7]

Hi just want to first of thank everyone for giving the time to help me.

So I decided to hire a lawyer and went in depth on what happen and what option I had. We ended up plea not guilty and that bought us time to attempt to get in contact with the head of transport limited, After a 3-4 attempt my lawyer eventually got through to him and came to an agreement to settle out of court.

Its been a really hard and stressful time going through all this but in the end I got the outcome I wanted , just want to tell any one who is currently in the same shoes as me to not give up even to the the very end, get a lawyer if you can afford one but just keep trying to settle

May I ask if you had to go to the court at the end?