...But at the end of the day the railways are the only industry I know of to try to suggest that their customers are in the wrong unless proven right, and that if the railways make a mistake it's the customers fault, and the extremely complicated fare structure that most staff cannot understand has to be rigorously adhered to by customers - who clearly have no hope of understanding it if the staff don't.
I don't agree with you at all on this.
If you buy anything in a shop and it is not suitable then the problem is yours not the retailers.
Similarly if you buy a railway ticket it is up to you to specify your destination, and you will be sold the correct ticket. If you are unsure as to whether it is valid via a particular route then the onus is upon YOU to check. That is certainly in compliance with Common Law. Caveat Emptor, which also applies to railway tickets.
The difficulty the Railway has, is this lack of will to sort out fraudulent travel, and indeed to take on those abusing the system in a proper manner.
No "ordinary" traveller gets on a train travelling a long distance with a ticket to a shorter destination than they are travelling to in the normal course of events. I accept that travel patterns may change however the onus is still upon the traveller to purchase the correct ticket for the journey BEFORE travelling. Quite simple.
Moving back to this person we are discussing, it is (to my understanding) said that he is well known for this habit of travelling via Havant. So big question, why has this fact not been reported and action taken against this individual ?
This total nonesensical attitude that the Railways have had to a degree under BR, but which is more pronounced under Privatisation, that the "customer is always right" is quite frankly bollocks and a thieves charter.
Under nationalisation we were always subject to the pernicious interference of MPs at some stage whose only interest was self publicity or seking to influence votes. Many, many times I have seen letters written in by MPs about constituents who were so obviously thieves, and the standard BR response was to back off. I suspect that the TOCs back off more today for this ridiculous passenger is always right crap.
The fact is that the passenger is SOMETIMES right, mostly ill-informed in many case, and in some cases just out and out intending to abuse the system as often and as far as they possibly can.
Quite why the Railways should adopt different Policies to the airlines for example is quite beyond me.
If you buy an airline ticket the onus is very specifically upon the purchaser to make sure that they have the correct ticket and the correct routing.
I would suggest that in the majority of cases, passengers are sold the correct ticket and that only a small minority are sold incorrect tickets.
A good TTI (RPI, or whatever they are called these days) should be able to sniff out a dodger at a 100 paces.
I note that in all these Passenger Charters, as well as the Conditions of Carriage no responsibility is placed upon the passenger. Well it should be. They have a responsibility to ensure that they are purchasing the correct ticket for their journey and routing and they should declare their full journey intent to the booking clerk when booking. I always do, and when I travelled last week at very short notice, I was offered a cheaper ticket to travel back after 1830, but because I was not sure if I would be back prior to this, I asked for the more expensive ticket.
Now if I had purchased the cheaper option and then travelled in the Peak, could I have argued successfully that I did not know of the restriction ?.
Where does personal responsibility end ?
In my experience (limited I accept) fare evaders exhibit certain behaviours. They arrive with a short journey ticket, they always claim they were unable to buy one before starting the journey (there is always some reason), they can never satisfactorily explain why they did not buy a correct ticket from the Guard, they always start to raise their voice and become confrontational as a ploy to frighten staff and gain the upper hand, thye always threaten not to travel by train ever again, and to report everyone concerned. I remember once telling one of these people that we would be very pleased if he did not travel by train again. He did and he continued to thieve until we built up a sufficient head of evidence to have him Prosecuted as a serial thief.
People who have nothing to fear, or hide and are genuine exhibit totally different behaviours (although very good fare evaders can mimic this), and I am sure that guards and TTIs who may be on here will be able to verify this from their own experience.
I have no problem with leniency being show to those who have genuinely gotten into some form of problem, it is the fare evaders that I cannot stand.
Basically they should be targetted and brought before the Courts. Serial offenders should have restraining orders placed on them.
Recently by means as yet undetermined, the details of my credit card that I use for air travel were stolen. The Bank were very quick and queried the transaction. So quick that I was able to alert KLM who put a mark on the ticket in their system and when the thief tried to change the traveller details they were made aware and were able to call the Police ! Nice one !
I fail to see any TOC acting in such a manner.