SW Trains - caught without ticket

newfoundglory

How exactly am I encouraging fare evasion or defrauding? Its not my fault that the train companies can't follow proper procedure or legislation passed by parliament.

The OP has been interviewed (without following PACE procedure) with a view to using OP's answers in a possible prosecution. Its unlikely that the inspectors undertaking this type of work are not PACE trained, but is not impossible. But this is not a case of just having a name and address taken etc. OP mentions he was questioned.

As for advice - its a bit like saying if you were arrested you should trust advice the Police give you - yeah, its best if you accept a police caution because you'll get out much quicker mate (and of course you DO understand the implications of doing that, right?)

Yeah, the best thing you can do is take the advice of train company employees. They have your best interests at heart. Thinking about it, its probably best if you just fill in the form and when they decide to prosecute for fare evasion or under the byelaws, you should plead guilty early. Thats what they want you to do - so that must be right... right?

It would seem at the moment the train company have not shown their hand, and could be considering prosecution under the RRA 1889, which is a far more serious offence compared to a strict liability offence under the byelaws.

So, maybe, just maybe, all of this COULD be a reason to be careful and considered with a response. Perhaps... just perhaps, discussing this will a solicitor first MIGHT be a good idea. What do you reckon?

But, as my advice is so unhelpful - its probably best not to listen to me :rotfl:

Livingthedream

newfoundglory wrote: »

Yeah, the best thing you can do is take the advice of train company employees. They have your best interests at heart. Thinking about it, its probably best if you just fill in the form and when they decide to prosecute for fare evasion or under the byelaws, you should plead guilty early. Thats what they want you to do - so that must be right... right?

Train Company employees don't earn commission for every customer that gets prosecuted, so why would Stigy benefit from giving incorrect/unhelpful advice?

All he's trying to do is help people who have made mistakes and lessen the effects of those mistakes.

newfoundglory wrote: »

But, as my advice is so unhelpful - its probably best not to listen to me :rotfl:

There's always two sides to an argument, even though I disagree with your points, without them it would difficult for the OP to make an informal decision on the facts presented to them.

EDIT: As one can see below, a poster is trying to bait me into an argument that won't help the OP one bit, so I'll be off now unless the OP asks for my help.

newfoundglory

You don't agree with me Livingthedream...?

Why might that be?

Let me guess... you're another train operator employee arent you!

newfoundglory

Its okay, Livingthedream, you can be honest with me.

I'll just PRETEND to be surprised :rotfl:

Stigy

Livingthedream wrote: »

Train Company employees don't earn commission for every customer that gets prosecuted, so why would Stigy benefit from giving incorrect/unhelpful advice?

All he's trying to do is help people who have made mistakes and lessen the effects of those mistakes.

Exactly! What do I have to gain by incorrectly advising people?

Newfoundglory, the OP doesn't have to listen to my advice, neither does anyone for that matter. S/he could contact a solicitor and will be told the exact same thing, but be around £600 lighter for their trouble. I certainly wouldn't want to tell somebody not to seek professional legal advice, but if they do, please seek help from somebody experienced wit Railway cases and don't make do with freebies such as the CAB!

Certain staff aren't PACE trained, but that does not mean they can't report the facts...They do on a regular basis and it is quite acceptable practice.

Jeff_Bridges_hair

I'd just like to add that a high street solicitor wouldnt know too much about railway bylaws and is probably not the best place to go too. But the flip side is that a solicitor with good knowledge of railway bylaws will be expensive and probably couldnt do any better then advising for an out of court settlement.

Despite the rubbish certain people have spouted on here the facts that you didnt touch in at the start of your journey means you have travelled without a valid ticket. And thats something I would not like to go to court to face. The would have already got your Oyster information from TfL which shows quite clearly that you didnt touch in so theres not much of a defence you could put to the courts as mitigating circumstances.