Wrong train - worried about fine or prosecution

[dibbledob]

Hi all,

So normally I get the EMR train from Manchester to Warrington using advance tickets, today however I took a slightly earlier train going from and to the same places but via TransPennine Express.

The inspector scanned my ticket, didn't say anything and moved on, but I'm worried he might have flagged it to be sent for investigation later as it was rather busy.

Has anyone here had a fine or prosecution later in the mail without being told or details taken by the inspector at the time?

 

[Nova1]

You'll be fine. (as in okay, not fined!)

 

[dibbledob]

Thanks was up late last night thinking about this, hopefully nothing comes of it.

 

[jfollows]

If they’re going to report you for prosecution they have to tell you at the time and give you a formal notice. If they’re going to give you a Penalty Fare they have to do it at the time. If they’re going to investigate your purchase history they could to this, but to what purpose?

However you might want to note that using a different train when you have an advance ticket may open you up to prosecution in future, in the worst case.

It’s possible that the inspector chose to turn a blind eye or exercise discretion because of disruption to train services yesterday.

 

[dibbledob]

Thanks, it's not something I'll be doing as I realise the consequences or did you mean in retrospect of what has already occurred?

 

[AlterEgo]

If they’re going to report you for prosecution they have to tell you at the time and give you a formal notice.

They don't actually have to do either. However a prosecution is only realistic if the traveller has been stopped and identified as a minimum, at which point a PACE interview would be conducted. They don't have to explicitly tell you you're being reported for prosecution and they do not have to give you a notice of it at the time for a prosecution to be legal and possible.

 

[dibbledob]

So could they ID me from just scanning my ticket and prosecute me later in the post without asking for details or saying anything? Has that happened to anyone and if so do we have examples?

 

[DeverseSam]

From EMR website:​

Service disruptions | EMR

Keep up to date with details of planned and unplanned disruption.

www.eastmidlandsrailway.co.uk

​

If your (EMR) train is cancelled​

If in the event that your train is cancelled and you still wish to travel to your destination, you have two options:

1. You can board any Northern or TPE (TransPennine Express) train that is heading to your destination within 2 hours.

 

[Ailsa_Craig]

From EMR website:​

Service disruptions | EMR

Keep up to date with details of planned and unplanned disruption.

www.eastmidlandsrailway.co.uk

​

If your (EMR) train is cancelled​

If in the event that your train is cancelled and you still wish to travel to your destination, you have two options:

1. You can board any Northern or TPE (TransPennine Express) train that is heading to your destination within 2 hours.

With all the disruption yesterday it's highly unlikely that any action will be taken

 

[Haywain]

at which point a PACE interview would be conducted

I'm not convinced that's particularly important for a byelaw offence. For a RoRA offence it's useful for demonstrating intent.

 

[AlterEgo]

I'm not convinced that's particularly important for a byelaw offence. For a RoRA offence it's useful for demonstrating intent.

Indeed it isn't essential - just that if the opportunity is there they may conduct the interview. A prosecution can proceed without an interview

 

[MotCO]

Hi all,

So normally I get the EMR train from Manchester to Warrington using advance tickets, today however I took a slightly earlier train going from and to the same places but via TransPennine Express.

The inspector scanned my ticket, didn't say anything and moved on, but I'm worried he might have flagged it to be sent for investigation later as it was rather busy.

Has anyone here had a fine or prosecution later in the mail without being told or details taken by the inspector at the time?

For complete certainty, ask the guard before you board if you can travel on his/her train. Getting permission in advance puts you in a strong position.

 

[dibbledob]

Yes that's what I should have done in hindsight but what's done is done now. Guess there's nothing else I can do now but wait and see.

Thanks for the advice everyone.

 

[Krokodil]

It’s possible that the inspector chose to turn a blind eye or exercise discretion because of disruption to train services yesterday.

I'm pretty sure that on one day this week (can't remember which) there was ticket acceptance between all Manchester operators.

 

[gray1404]

Hi all,

So normally I get the EMR train from Manchester to Warrington using advance tickets, today however I took a slightly earlier train going from and to the same places but via TransPennine Express.

The inspector scanned my ticket, didn't say anything and moved on, but I'm worried he might have flagged it to be sent for investigation later as it was rather busy.

Has anyone here had a fine or prosecution later in the mail without being told or details taken by the inspector at the time?

What time was your booked train

 

[tram21]

Realistically on a route like this one there will be people getting on the wrong train left, right and centre due to cancellations/ disruptions anywhere on the network, especially during a storm. With tickets now accepted on TPE when there are cancellations anyway she will have just assumed your train was cancelled- if she asked everyone onboard to prove a cancellation then she'd be there all day!

I can't see anyone ever being prosecuted for travelling on the wrong train with an advance. You might have to buy a new ticket, but it just wouldn't be worth it! And imagine the news stories!