Youth prosecution

[yorkie]

Just as a side thought, might this not help as you're supposed to buy your own ticket? I can't remember where it's covered, but I thought that you technically couldn't use a ticket brought by somebody else, though many people do without any problem.

Or have I just imagined this?

You have imagined it. Most of the tickets I have bought would be rendered invalid, nearly all company tickets would be invalid, nearly all group tickets would be invalid, the list goes on.... (!!!)

Will do this once I hear back from Yorkie. Costs are currently listed as £110.

We are looking at this now, but my initial thoughts are, although it is a choice you have to make, contesting this in court is a risky strategy.

My advice would be to take the "Apologise and offer compensation ASAP" (option C) suggestion made by DaveNewcastle, however see what Dave says.... but given that time is of essence, I would start drafting a letter ASAP...

Anyway, you have a PM.

 

[b0b]

For me, personally, if the MG11/Report stated he hadn't been abusive/awkward etc, then I would drop 5(3a) and change to Byelaw 17/18(2) which could be proven beyond doubt as no valid ticket was offered for inspection, on request. I'm pretty much guaranteed a good result, with costs more than likely paid with a small compensation order, (fare due).

However that's not whats happened here. Clearly they believe the guy was trying it on and probably lying about losing his wallet and hence the 5(3c) charge.

I'm not sure I've volunteer the fact that I have a receipt + return ticket to prove I had previously paid, and give the prosecution the chance to change the charge.

Hopefully though they'll settle out of court, I have a hard time accepting the penalty for losing your wallet is a criminal record (I know there were other circumstances....)

 

[yorkie]

Hopefully though they'll settle out of court, I have a hard time accepting the penalty for losing your wallet is a criminal record (I know there were other circumstances....)

I would agree, if it wasn't for the slight problem (understatement!) of the child ticket...

 

[nickobar]

Thanks all for all of your contributions here. PM received Yorkie - thanks.

 

[island]

Sometimes the prosecutor is considering "the bigger picture" regardless of cost to the TOC. There is some nonsense about, however, that implies the TOC doesn't have to pay any fees, that is totally untrue. If they lose they pay from their own pockets.

It was in the papers saying that this was not the case for Southern (and possibly other TOCs). I remember it being mentioned here a few weeks back.

To the original question, I think that you are unlikely to get very far by presenting the ticket which you found the next day. They may (quite reasonably) claim that it was used by someone else, or (at best) change the prosecution to the railway byelaws (section 17 or 18, can't remember which) for failing to produce a valid ticket when asked. If it were me in the position, I would be offering compensation in the region of £150 in the hope that they would consider that a lesson learned and let it be the end of the matter.

The purchase of a child ticket for one stop to get onto the platform did not help his case in the slightest. For future reference the appropriate action to take if stranded with no means of payment is to make yourself and your situation known to the booking office. I know at least some TOCs have a procedure in place to contact a friend or relative to arrange payment for a ticket, either over the phone or in person at another station. I believe TFL will issue a UPFN in some such situations to allow the passenger to travel.