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Advice on pre-court settlement offer

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island

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Nonsense.

§(5)(2) of the Regulation of Railways Act 1889: "If a passenger having failed either to produce, or if requested to deliver up, a ticket showing that his fare is paid, or to pay his fare, refuses or fails on request by an officer or servant of a railway company, to give his name and address, any officer of the company may detain him until he can be conveniently brought before some justice or otherwise discharged by due course of law."

Railway Byelaws §24(1): "Any person reasonably suspected by an authorised person of breaching or attempting to breach any of these Byelaws shall give his name and address when asked by an authorised person".
Indeed, you are talking nonsense.

You are legally required to state your name and address in the above circumstances. You are not required to produce an identification document or other proof thereof.
 
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Fare-Cop

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Indeed, you are talking nonsense.

You are legally required to state your name and address in the above circumstances. You are not required to produce an identification document or other proof thereof.


Island is exactly right.

I'm always amused by the way so many people who are being reported for an allegation of an offence, seem to view the idea of giving their details as a challenge to be avoided, but if someone is absolutely firm in their honest belief that they have done nothing wrong, why not give correct details and gain the time to research & resolve the matter properly.

Now at this point I know that many will come in with comments like 'Oh, but you don't have to' and 'the TOC cannot be trusted' and 'they don't have any right to demand this', although we can see from how the law is written, in these circumstances they do have a right to seek this information

When training RP staff I always advised that although there is a right to ask for confirmation of details, there is no right to demand production. That said, it must be remembered that in common with Police officers, most RPIs have access to IT systems that can do name and address checks. If the person being interviewed exercises their right to just give their details, the RPI should normally make a check and confirm by that service

If it then transpires that the person being asked has given false details the matter becomes more serious, which may well result in an additional charge of providing false details contrary to Section (5)(3) of the Regulation of Railways Act [1889].

Clearly, if this happens it then becomes very much more difficult for the traveller to argue that they did not intend to avoid a liability and life becomes considerably easier for the TOC prosecutor.
 
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