Hi all
Firstly I will introduce myself. I am John Williams and I am the Chief Editor/ Disk Jockey/Dogsbody etc for PFAS (Penalty Fare Appeal Support).
You can find out more on our website, I wont post the link in case I break a forum rule.
Anyways the OP has been chatting with my colleague Sam via Twitter DM and I will respond based on our collective opinions on the issue.
The Hammersmith and City gateline at London Paddington is an unusual occurrence although not too uncommon, in that a TOC operates the gates on behalf of TfL. I suspect FGW get a kickback but that is irrelevant here.
I also believe that both TfL and NR byelaws apply. The only difference being that TfL have added "attempt to commit" at the end of each para, whereas NR are all listed at the end.
From what you have said from the outset, you have indeed committed a bye-law offence, namely that of NR Bye-law 11 (1) and TfL Bye-law 11 (1) and (4)
11. General safety
(1) No person shall move, operate, obstruct, stop or in any other way interfere with
any part of a train or other equipment on the railway except:
(i) in an emergency, by means of any equipment on or near which is a notice
indicating that is intended to be used in an emergency; or
(ii) any equipment intended for the use of passengers in that way in normal
operating circumstances. NR bye-laws
TfL Byelaw : (4) A person who attempts to breach any of Byelaws 11(1) to 11(3) shall be liable to the same penalties under the Byelaws as if he had breached that byelaw.
However based on what you have said I would also think that several other bye-laws
could come into play.
Bye-laws 9(2) & (3) are worded so as technically you could be in breach of them.
9 (2) Where the entrance to or exit from any platform or station on the railway is via a manned or automatic ticket barrier no person shall enter or leave the station, except with permission from an authorised person, without passing through the barrier in the correct manner.
(3) No person shall open a barrier or any other gate on the railway except where there is a notice indicating that it may be used by him or with permission from an authorised person.
NR Bye-laws
TfL Bye-law: (6) A person who attempts to breach any of Byelaws 9(1) to 9(5) shall be liable to the same penalties under the Byelaws as if he had breached that byelaw
However generally 9's are used to prosecute those who jump the gates, climb over fences and double shuffle.
Assistant A as you called them, told the buggy customer to wait by Assistant A till all passengers had passed through. This is the safety instruction and by doing what you have done this maybe is a technical breach of 12(2).
(2) An authorised person may, in an emergency or in other circumstances in which he believes he should act in the interests of safety, issue instructions to any person on the railway. No person shall, without good cause, disobey such instructions. NR and TfL Bye-laws
.
Now of course I am only talking (well typing) with my previous BR/IC/NSE experience, others may have completely differing views. This is the beauty of a forum environment. Many heads are better then no heads!!
Now in regards to making a complaint to FGW. Sam has already told you why not to and I will repeat him adding some stuff.
At the present time, the inspector has no details of you apart from your Oystercard number. I doubt they would be able to get CCTV. They will log it in a notebook (prob wont) and then fill in a report form (again prob wont) and then send it off to prosecutions (read as will forget).
However if you complain to FGW Customer Services and start confusing them with byelaws what you think they will do? Send it across to prosecutions. They will then ask the inspector what happened. The inspector will remember half of the story (convenient thinking??) make you out to be a criminal, etc etc, and it could get worse. FGW could then either warn you or prosecute you.
MikeWh has a good idea, if you are worried it will get blocked. Just tell them your having to slightly bend the card to get it to register otherwise it gives out a "seek assistance" message.
Every TOC has a person that has access to the Oyster Database (yes you all agreed to it by getting the oystercard). These people can Hotlist and read detailed journey history. They cant un-hotlist and cant see/amend balances. The oyster system updates overnight anyway so nothing can be done "immediately".
Re the Young Persons details, I am unaware of this new addition to Oyster. I know you get the discount, but other then that no idea. Next time you go to an underground machine check what it states at the top. "You have presented an... Adult Oystercard" or ".... An Unregistered Oystercard".
Anyway onto your specific questions, some which I think Sam has already gone over with you.
a) Yes you have broken 11. However as stated above, maybe 9(2),(3) or 12(2)???
b) See a above.
c) I wouldn't as stated above.
d) Hmmm???
Obviously its entirly up to you what your next stage is. If you see this inspector again, try not to engage them or give them ANY reason to stop you. As this would be a way they could get your details for the new 'offence' and then add the address details to the old offence. I have heard of this being done before on a certain pink commuter London TOC that may or may not go to a location with a 'top' university.
If they ask for your ticket, give it to them. Photocard, same. Be ultra polite as it does p**s off some inspectors as they want a rise.
Doesn't matter then an MG11 was not completed at the time, the MG11 can be completed at a later date by prosecutions.
Re the phone: I believe that First as a whole do issue some people with iPhones. Generally yes it is Blackberries, however I have seen some staff on FCC with company branded iPhones and many many apps. Also whats to stop the inspector taking the sim from a company blackberry and putting it into their iPhone. It may not be a company phone... but it is a company sim card??
I will have to do some digging on this one.
John Williams
Chief Editor
PFAS
Twitter: @penaltyfare