I lent out my railcard and got fined. Who should pay?

hardpressed

I think you should both be fined, you for giving it to him which you knew was wrong and him for fraudulently using it.

anamenottaken

Bowling_4_Gold wrote: »

Huh? Surely if that loophole existed, nobody should buy a ticket whatsoever. Then, if caught, go to original station and buy ticket for that one journey to provide as 'evidence'. Then, resume daily routine of not buying ticket, until caught again.

Doesn't make sense!!

With respect, that's not what the poster suggested.
It wasn't to buy a ticket for the journey after being fined but was to take the ticket you already had but had not produced.
The suggestion there was that you had a (season) ticket for the journey but did not have it with you on the journey itself.

I don't agree with that poster that "no one should pay". Both were defrauding the rail company but only one was caught.

t0rt0ise

I wonder what sort of railpass it was. Sometimes, as with the Oyster card for example, you are allowed to let someone else use it.

katejo

t0rt0ise wrote: »

I wonder what sort of railpass it was. Sometimes, as with the Oyster card for example, you are allowed to let someone else use it.

You are only allowed to loan an Oyster card if it is a Pay as you Go one. If it is a weekly, monthly or annual card, it can only be used by the person who owns it. That is because the season ticket types allow unlimited travel within the relevant zones during the period of validity.

Indie_Kid

katejo wrote: »

You are only allowed to loan an Oyster card if it is a Pay as you Go one. If it is a weekly, monthly or annual card, it can only be used by the person who owns it. That is because the season ticket types allow unlimited travel within the relevant zones during the period of validity.

You can also only lend it out if it doesn't have a railcard on it.

rwgray

Pay up!

Sorry.

Rich.x

yorkie2

t0rt0ise wrote: »

I wonder what sort of railpass it was. Sometimes, as with the Oyster card for example, you are allowed to let someone else use it.

You are not allowed to loan any pass held on Oyster to someone else.

The original question mentions "Railcard" but is presumably intended to meal "season ticket" or "free travel pass". We also don't know the details of the hypothetical pass, so this thread is predictably very muddled as a result.

None of those products held on Oyster can be loaned to anyone else.

Some passes elsewhere can be loaned to other people, but this is the exception rather than the norm.

An Oyster card without any discounts, passes, Travelcards or any other products loaded onto it, can be loaned to someone else, even if 'capped' for the day.

marich

So you think that stupid things you do can become responsibility of someone else ?

What an whinger (and that's being kind) . Grow up !

FARE-COP

hardpressed wrote: »

I think you should both be fined, you for giving it to him which you knew was wrong and him for fraudulently using it.

And that is a very real possibility if you are ever daft enough to do it again.

The Terms & Conditions which you accepted when you applied for (or accepted from your Bank) your Railcard specifically state that it must not be given or loaned to any other person

National Railway Byelaws (2005) make it a strict liability offence to transfer a ticket or to assist another person to avoid paying their correct fare and a there is a further offence committed by the user when that person accepts and uses such a ticket. This could have seen you both explaining your actions to the Magistrates

You have both been extremely lucky that your friend wasn't caught when using your Railcard, in which case you would have lost it permanently and both would likely have been prosecuted.

Maximum penalty upon conviction in either case is a fine of up to £1000

If summonsed & convicted for the serious offence of intending to avoid the correct fare contrary Section 5 of The Regulation of Railways Act [1889], in addition to the possibility of the fine of up to £1000 the offender has the added consideration of a criminal record to think about.

Pay the penalty and learn the lesson is the best advice anyone can give you so far as I can see

marlot

MSE_Joanne wrote: »

NB: This question was sent in by a MoneySaver and featured in this week's email.

This week's MoneySaver who wants advice asks... I loaned my rail pass to my flatmate recently as I was staying in for the evening. He was supposed to put it back in my bag when he got in but he forgot. The next day I hopped on the train without thinking about it and was approached by a ticket inspector. It was only then I realised I didn’t have it and I was fined £40...

Karma's a !!!!!, heh!