Can fare dodgers benefit from Delay Repay and other compo schemes?

jimbo6977

According to the ECJ, maybe they can....


http://curia.europa.eu/juris/document/document.jsf?text=&docid=220356&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=1626475

Kiko4564

You're joking right?

Barny1979

jimbo6977 wrote: »

According to the ECJ, maybe they can....


http://curia.europa.eu/juris/document/document.jsf?text=&docid=220356&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=1626475

Que?! :think:

Spoonie_Turtle

I skimmed the article, no idea what it was on about. But in order to claim compensation, one needs to have their ticket as proof of the journey, so unless fare-dodgers are going to insist the TOCs look at the CCTV showing they didn't buy a ticket (!!) they cannot attempt to claim. Simple.

yorkie2

jimbo6977 wrote: »

According to the ECJ, maybe they can....


http://curia.europa.eu/juris/document/document.jsf?text=&docid=220356&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=1626475

I don't know what this article is about, though I'd be happy to read a quote/summary if anyone wishes to provide one, but I fail to see how someone who has "dodged" a fare can also simultaneously be compensated for that fare.

zerog

My French, especially legalese French, is not the greatest but I think the gist is that because it is possible to board Belgian trains freely, a contract of carriage is formed when someone boards, rather than when a ticket is purchased (based on some EU regulations which I didn't bother to check out).

By not buying a ticket they have broken their side of the contract, but there is still a contract.

The people in question were caught multiple times, and not only did they refuse to pay the on board fare, they refused to pay a fixed penalty and were then taken to court. However I did not understand the progression from this to the case in question arising.

Then there was something about contracts needing to be fair, and charging inordinate penalties for breaking a contract (by not having a ticket) is not fair, or something like that.


Regarding delay repay on Great British trains, if someone paid nothing for a journey because they evaded the fare, the delay repay would be 25%-100% of nothing.

Where this might be legally interesting is if an adult used a child ticket or something along those lines. In principle it might be possible to argue that they are entitled to delay repay - but claiming it would be an admission that they contravened the Regulation of Railways Act 1889 (I think). Perhaps if they were already caught and being prosecuted then it could be claimed.

Also, if a penalty fare is charged for a journey that was delayed, delay repay might be payable on the amount of penalty fare.

Kiko4564

I thought you were joking. This ruling is ridiculous, and I say that as a former fare dodger myself! :mad:

Kiko4564

If travelling on a child rate ticket, especially if 18+ then I would expect them to pay out absolutely naff all. Having a valid ticket, and not an invalid ticket is a prerequsitite to claiming Delay Repay in my opinion. However if they were 16 or 17 and made an honest mistake, then a gesture of goodwill might be in order.

Spoonie_Turtle

Kiko4564 wrote: »

If travelling on a child rate ticket, especially if 18+ then I would expect them to pay out absolutely naff all. Having a valid ticket, and not an invalid ticket is a prerequsitite to claiming Delay Repay in my opinion. However if they were 16 or 17 and made an honest mistake, then a gesture of goodwill might be in order.

By not charging them a penalty or making them pay the full fare, perhaps?