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Rather large out of court settlement

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Deerfold

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Indeed, if I were in his position (with his audacity) I'd probably get a clause that said the money was to be paid back if a prosection were envinced. :idea:

Though in that case would a court be able to award damages to the TOC if the prosecution were successful?
 
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LateThanNever

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Indeed, if I were in his position (with his audacity) I'd probably get a clause that said the money was to be paid back if a prosection were envinced. :idea:

I'm pretty sure that would be an illegal contract so unenforceable - I'd certainly love to see the court case if he tried it!
 

34D

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Maybe that would make a nice little moneymaking scheme. Pay your £80 to avoid prosecution, but they will pass on your details to another TOC, who will then ask for an out of court settlement....

This. We have plenty of threads where the journey was on Northern but ending at an EMT station with EMT staff taking details.

Is there cause for the forum to modify it's 'stock' advice going forwards?
 

DaveNewcastle

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This. We have plenty of threads where the journey was on Northern but ending at an EMT station with EMT staff taking details.

Is there cause for the forum to modify it's 'stock' advice going forwards?
I would say that some of the 'stock' advice is often poorly worded, leaving potential ambiguity, but I do not believe that there is any recent development (this thread included) which alters the forum's strategy in assessing a passenger's options for action after being detected travelling without a valid ticket.

You'll perhaps have noticed that Fare-Cop uses the more precise terminology on here of 'disposing of the matter administratively' which, as the word 'dispose' implies, is a action to terminate proceedings in the matter. The phrase 'administratively' clearly separates the commercial interests from the judicial. I could add my own few words for further clarity in permitting the introduction of other factors which may come to light at a later date, i.e. to 'dispose of the matter as stated'.

It CAN be agreed between parties that the matter before them (such as lost revenue) can be settled and, consequently, can be 'disposed of' or closed.
What cannot be agreed is that a criminal investigation can be precluded nor that providing evidence to such an investigation can be refused.
A settlement CAN be phrased such that it permits the investigation to be re-opened if further information comes to light. It could also attempt to prevent that re-opening, but that would be hazardous.

Even the Police or other government agency cannot enter into an agreement not to investigate a matter further, even where they may have concluded an investigation, or maybe even having reached a settlement. A line is drawn at 'double jeopardy' which prevents a matter which has been tried being tried again (although the 2003 Criminal Justice Act did make exceptions for 'very serious offences').

I have been involved in matters where serious rail fare evasion had been alleged, and which have concerned revenue due to several operators. In all cases, the lead investigaing and prosecuting TOC acted exclusively for their industry partners. It would be unthinkable that another TOC would pick up the matter after one had reached the settlement with the offender, or had concluded the prosecution against the offender, and then re-open the same matter.

The Police have a privileged position and may always open a criminal investigation even if a civil settlement has been reached (subject to the revised limition on double jeopardy which has such a sound foundation in Common Law that an application must be made to Appeal the earlier decision and have that decision quashed before a retrial). Anyway, even the Police are not immune from civil actions for damages following their activities (see most recently Dutton & ors v Commissioner of Police for the Metropolis. Doomed from the outset, but very expensive in officer time - 2 weeks off front line duties in the High Court for the witnesses).

In conclusion, we could probably all do better at choosing our words more carefully. But it can all be a bit pointeless when we get some poeple chipping in with arbitrary suggestions which appear to have just popped into their mind without any regard for the word and practice of revenue enforcement on the railways.
Onwards!
 
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tony_mac

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I was joking, but I can see it's not quite as obvious as I thought it was.

For 'genuine' Fixed penalty notices (such as Road traffic offences, implemented by statute), a prosecution is usually barred after the penalty is complied with correctly.
A promise from 'an officer of the state' not to prosecute should also result in no prosecution (although that may come under review with the 'on the run' controversy).

(None of these arbitrary suggestions that popped into my head would appear to be in any way applicable to the case being discussed. ;) But I'm sure the person in question will not be posting here for advice! )
 

AntoniC

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http://www.dailymail.co.uk/news/art...ows-dodged-43-000-rail-fares-paid-3-days.html

The full story

Daily Mail said:
Unmasked: High-flying City asset manager who became 'biggest fare dodger in history' by avoiding £43,000 in rail tickets (then paid up in 3 days to avoid a fuss)

Jonathan Burrows, 44, skipped train fare from Kent to London for five years
Caught out after using Oyster card to pay just £7.20 a day for long commute
Mr Burrows hoped to avoid publicity by paying up quickly when found out
But police and City regulator heard of the story and started to investigate
The £1million-a-year asset manager was suspended by employers last week
But when pressed on the scam he quit, ending probe into his conduct

By Neil Sears and Stephen Wright and Claire Ellicott

Published: 00:23, 2 August 2014 | Updated: 00:43, 2 August 2014

28 shares

View comments

Career in tatters: Jonathan Burrows has resigned from his job with asset managers BlackRock
+4

Career in tatters: Jonathan Burrows has resigned from his job with asset managers BlackRock

With two country mansions worth £4million and a salary of up to £1million, you’d think Jonathan Burrows could afford the £21.50 rail fare from his home to London.

But he can today be unmasked as the mystery fare dodger of East Sussex who hit the news after settling a £43,000 bill for unpaid tickets over five years.

The 44-year-old investment executive is thought to be the biggest fare dodger in history.

He had hoped to avoid prosecution and publicity by reimbursing Southeastern trains just three days after being caught by a ticket inspector last November.

Law-abiding commuters were outraged when the story broke in April that the rail firm had allowed him to quietly settle the allegations without being prosecuted.

He is said to have told Southeastern he wanted his name kept secret because of the impact the scandal could have on his job.

But the Mail can reveal that his career is in tatters after British Transport Police read the story in the Press and began investigating.

The news also came to the attention of City watchdog the Financial Conduct Authority, with which Mr Burrows was registered.

It started its own probe over concerns that his actions showed a lack of probity that could make him unsuitable for City work.

But it wasn’t until last week that he warned bosses at asset management firm BlackRock – who knew nothing of his fare-dodging shame – that they might be getting a call from the regulator.

The married father of one was suspended from his job as a managing director and when BlackRock pressed him on the nature of the investigation he quit.

Although his resignation brought the FCA probe to an end, the scandal means he is unlikely to be able to work in finance again.

A City source told the Mail: ‘Burrows was a very senior fund manager with BlackRock, dealing with hundreds of millions of pounds on a daily basis. But only last week he suddenly told his bosses, “The FCA might give you a call”.

‘He only let slip in passing that it was about this £40,000 fare-dodging payment. They suspended him immediately, but he refused to explain anything at all about the fare-dodging – and when more questions were asked he resigned without a payoff.

More...

‘I’m amazed the FCA aren’t continuing their investigations even though he’s no longer registered with them. If they did, and found he has dodged rail fares for five years, I’d expect him to be barred from the industry for life. Even as it is I doubt he’ll ever be able to work in the industry again.

‘He won’t get much sympathy, but he has lost his livelihood.’
Barred for life? One City source told the Mail that Mr Burrows could struggle to find work again

Barred for life? One City source told the Mail that Mr Burrows could struggle to find work again

Dodge: Mr Burrows managed to commute from Stonegate to central London for just £7.20 a day because his home station had no barriers

Porsche-driving Mr Burrows owns two huge, mortgage-free mansions in the East Sussex countryside – a £1million house near Wadhurst and his impressive home near the village of Stonegate, which he bought for £2.725million in 2011.

He shares the Victorian property – which boasts acres of landscaped grounds, ponds and a tennis court – with his wife Louise and their young child in an isolated spot not far from Stonegate station.

Last night a Range Rover and a £30,000 Land Rover Freelander could be seen at the property.

His commuting scam was uncovered last year when a ticket inspector at London’s Cannon Street station, close to Mr Burrows’ office, saw him swiping through the ticket barriers with his pre-paid Oyster travel card.

The inspector realised Mr Burrows had been charged only £7.20 – the modest penalty imposed when a passenger has failed to swipe in at the start of a journey.

Mr Burrows admitted having failed to use his Oyster card to tap in for five journeys between London Bridge – where he got off his train from East Sussex – and Cannon Street, which should have cost him just £2.30 a time.

However, further inquiries revealed that until 2008 Mr Burrows had been buying an annual season ticket from Stonegate, which has no ticket barriers, to Cannon Street, which costs around £4,500 a year for standard class. A standard daily single fare is £21.50.
+4

Rural: Pictured is Stonegate station, from which Mr Burrows dodged his fares for years

He had then stopped buying season tickets, but simply continued working in London, apparently only paying £7.20 for the brief final leg of his long train journey.

Southeastern told Mr Burrows he owed them £42,550 in unpaid fares, plus £450 in legal costs.

Mr Burrows paid up promptly, apparently hoping that would be the end of the affair and no one would find out what he had done. But in April the tale emerged, and British Transport Police contacted Southeastern and began a criminal investigation.

Last night, BlackRock spokesman Jonathan Mullen said: ‘Jonathan Burrows has left BlackRock.

‘What he is alleged to have done is totally contrary to our values and principles.’

Asked about the case by the Mail, Mr Burrows said: ‘Dunno what you’re talking about.’

British Transport Police and Southeastern said they were still investigating.

An FCA spokesman said that when anyone applies for fresh authorisation, ‘past misconduct will be taken into consideration’, adding: ‘That doesn’t have to be a criminal record, it can be anything that calls into question someone’s fitness and propriety to work in the industry.’
 
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Class377

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Am I being thick here, or was he not even making much of a saving?

£7.20 each way = £14.40 a day, so £72 a week.

If he used the train for about 40 weeks a year, he'd be paying £112.50 a week, or £22.50 a day. About an £8 saving for such a risk?
 

Polarbear

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I'm glad that this leech has been unmasked. Sorry to say but it's this type of person that has landed Britain in the financial mess that it now finds itself in.

Someone who has a good job in the city, houses, cars & no financial worries seems to think it perfectly acceptable to not pay a relatively small rail fare. For me, this is a person with a questionable moral compass and one who (quite rightly) should not be allowed to work in a position of trust ever again.

If he was intent on fleecing the railway, one wonders how much he may have gained financially through his job by similar dishonest means?
 

GodAtum

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Great mugshot

1406934257243_wps_9_From_Jamie_Wiseman_1_8_14.jpg
 

island

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Am I being thick here, or was he not even making much of a saving?

£7.20 each way = £14.40 a day, so £72 a week.

If he used the train for about 40 weeks a year, he'd be paying £112.50 a week, or £22.50 a day. About an £8 saving for such a risk?

Indeed, as opposed to buying a 1-2 Travelcard.
 

Merseysider

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So am I missing something, or did his out of court settlement with the TOC do absolutely nothing except buy him some extra time in his job?
 

NightatLaira

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Lots of interesting discussion on here about the legalities but I'm really interested in how the RPs actually managed to find this guy.

Are we seriously concluding, that an eagle eyed inspector who mans Cannon Street barriers every morning managed to face-recognise this very ordinary looking suit, and notice over a period of days/weeks that he was always disembarking from the same train at more or less the same time, and swiping out using an oyster which was always presumably generating a 'no touch in' code? And then on the basis of this (which could have a variety of explanations) saw fit to challenge him?

This sounds way too hard to believe... I think someone must have ratted on him! And southeastern were probably tipped off about it.
 

jon0844

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Not sure but what a perfect outcome for all. TOC got all its money, not a tiny amount after court. Offender loses everything anyway, might still go to court. And now the word will be spreading like wildfire and I bet an awful lot of highly paid commuters trying similar tricks will be suddenly buying tickets tomorrow onwards.

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RJ

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Not sure but what a perfect outcome for all. TOC got all its money, not a tiny amount after court. Offender loses everything anyway, might still go to court. And now the word will be spreading like wildfire and I bet an awful lot of highly paid commuters trying similar tricks will be suddenly buying tickets tomorrow onwards.

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Yes - but what impact will it have on the notion of the out of court settlement? It brings to light that paying a settlement doesn't necessarily mean it will be the end of the matter. In this case, the BTP have picked up where Southeastern have left off and appear to be referring the case to the CPS. I wonder if this is a disclaimer that TOCs put in all correspondence when they accept a settlement? This is a common occurrence in other jurisdictions but isn't talked about much here.

Out of court settlements are beneficial for those foolish enough to find themselves in a situation where a TOC has solid grounds to prosecute successfully. They presumably also facilitate a higher cost recovery for TOC revenue departments than going through the courts. There's very little benefit for either party if settlement policies are reduced or withdrawn.

It's not clear who grassed the man up to the press in the first place - somehow they got wind of the fact he was caught and paid a settlement, right down to details of where and how the evasion was detected, his season ticket history and the amount paid for the settlement. It was probably either through a Southeastern employee, or a through a 'friend' of his he wrongly confided in. Southeastern do appear to have liaised with the press about the matter. I think this is wrong - they should have declined to comment completely. Doomed litigants have the choice of paying a settlement to a company of questionable integrity, or face prosecution - or both, evidently! I have no sympathy for these people, but talk about being stuck between a rock and a hard place.

As for the fare evasion issue, Southeastern ought to look more at their own practices - how did he manage to travel between Stonegate and Cannon Street without a valid ticket for all that time without previously being convicted for fare evasion? Making an example of a criminal also brings to light the quality of their revenue protection operation. They seem to target certain profiles of fare evader, allowing others to slip through the net. I use the term "net" loosely, given much of their metro network in particular effectively operates on an honesty basis in the evenings. Some people might buy tickets as a result - and others might stop buying tickets as it's now common knowledge how unlikely the chances of being caught are!

As for this (former) commuter's financial status, it makes no odds to me. There are plenty of people with less money than him with similar attitude to paying their fare, occasionally or otherwise. It's probably the case that some of those very people are the ones casting aspersions! Unfortunately, fare evasion seems to be something that's commonly seen as a socially acceptable crime - unless you get caught and convicted for it.
 
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bb21

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I don't think he is necessarily worse off financially as £40k is no more than a month's work for him, if as alleged he earns a seven-digit salary.

He bought himself more than a month's time by "bribing" SouthEastern.

No sympathy, and he is rightly prosecuted, else it makes a mockery of the justice system.
 

LWB

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Don't you think that part of the original settlement might have been disclosing quite how he did it. Even if it was down to inefficiency/incompetence the TOC could surely have something to learn.
 

westcoaster

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Lots of interesting discussion on here about the legalities but I'm really interested in how the RPs actually managed to find this guy.

Are we seriously concluding, that an eagle eyed inspector who mans Cannon Street barriers every morning managed to face-recognise this very ordinary looking suit, and notice over a period of days/weeks that he was always disembarking from the same train at more or less the same time, and swiping out using an oyster which was always presumably generating a 'no touch in' code? And then on the basis of this (which could have a variety of explanations) saw fit to challenge him?

This sounds way too hard to believe... I think someone must have ratted on him! And southeastern were probably tipped off about it.

I remember watching a program on tv last year and they caught someone doing the same kind of thing but on LU and they were caught by a computer that highlighted cards that were continuously causing faults or refunds ( the chap was tapping in to open the gates then tapping out straight away but still traveling then doing the same at his exit ) and you could see his weekly patern so all they did was wait and watch him doing it, and he was bang to rights.
 

tony6499

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Interesting that he has now lost his job and looks like he will be unable to work in that field again, makes you wonder of his mindset that earning so much yet he wouldn't pay the fare.

I wonder if he was spotted travelling and his travel history was flagged up, regular season ticket holder and then an Oyster card holder only in the central zones ?
 

RJ

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Don't you think that part of the original settlement might have been disclosing quite how he did it. Even if it was down to inefficiency/incompetence the TOC could surely have something to learn.

I doubt his methodology was complex enough for this to be necessary - where on board check are rare, it's only barriers these people need worry about.

Southeastern have been a local TOC all my life - on board checks have always been few and far between on the metro network - they seem to prefer having revenvue blocks at random stations. A savvy evader can sit at the front of the train and keep an eye on the exits for any inspectors laying in wait.

As for the Hastings services, no idea when they're DOO (P), if at all but clearly it's easy to avoid being checked - maybe by avoiding a certain section of the train any roving staff are likely to frequent.
 
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PermitToTravel

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I remember watching a program on tv last year and they caught someone doing the same kind of thing but on LU and they were caught by a computer that highlighted cards that were continuously causing faults or refunds ( the chap was tapping in to open the gates then tapping out straight away but still traveling then doing the same at his exit ) and you could see his weekly patern so all they did was wait and watch him doing it, and he was bang to rights.

I seem to recall reading here that only TfL/LU can do this
 

PermitToTravel

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Wouldn't stop them tipping Southeastern off though.
Someone who has a z1-2 travelcard only touching it when exiting London Bridge in the morning or entering London Bridge in the evening is not doing anything suspicious. Almost everyone commuting from an ungated station in those zones (e.g. Deptford or St. Johns) will do this.
 

amcluesent

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This affair has become a travesty of justice, with the gutter press relishing ruining the individual after they've paid what they owe. Everyone involved who has taken cash should be ashamed.
 

jon0844

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Justice? Working in finance and thinking it okay to commit fraud? What else does he think is okay?

I have no problem with SET seeking to get its money over a conviction, nor any further action taken by others.
 

Merseysider

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This affair has become a travesty of justice, with the gutter press relishing ruining the individual after they've paid what they owe. Everyone involved who has taken cash should be ashamed.

It's hardly a travesty of justice because if the man hadn't been caught he would have doubtless continued fare dodging. Once a thief, always a thief and it's only right his name is dragged through the dirt because his actions clearly show a lack of any moral compass, and it's only right that those who have dealings with him know what kind of person he is.
 

bb21

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If anything it is justice being served at the end.

Shows you money cannot buy you out of trouble. Really the sum involved is peanuts to him. What the hell was he thinking?! :roll:
 

Merseysider

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Really the sum involved is peanuts to him. What the hell was he thinking?! :roll:

The man could have bought a car and ran it to and from work for several years, for the same amount his idiocy has cost him. Clearly more money than sense.
 
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