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Advice Only for Greater Anglia - Delay Repay Fraud

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WesternLancer

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The news article and response from GA doesn't seem to imply the investigation has been stopped. Surely it gives GA even more of an incentive to find an illegitimate claim now?!

Generally I'm disapproving of such stories because:

1) It doesn't appear to have changed anything and only drew attention to the incident and herself;

2) People on this forum have accepted previously some of their claims have been essentially fraudulent, and it gives a misleading view that you should always stand your ground or run to the media, which, if you're not squeaky clean, is not going to end well.

That's not to say the lady in the story isn't genuine, of course, but I hope for her sake she hasn't dug a hole. Surely you go to the media AFTER the TOCS conclude you're innocent, rather than during the investigation? I'd also not want to highlight personally that I was being investigated for fraud, even if I was innocent, especially when she appears to be working in a regulated sector and will now likely have to declare to the relevant body she is being investigated for fraud.
Fair points, tho sadly I suspect many of the general public regard the rail industry, or parts of it, as 'licensed fraudsters' as a general point of view. I'd expect GA to quietly drop her case unless they have clear evidence. And I would think she is sure of her ground.
 
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Watershed

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Surely you go to the media AFTER the TOCS conclude you're innocent, rather than during the investigation?
Depends on your approach - some people may wish to go to the media to try and pressure the organisation involved to ease their plight. Sometimes (usually where the organisation doesn't want to lose face) it's effective.

In this case, GA couldn't care less about their reputation. They are simply after the money and will do whatever it takes to get it, whether it's in the interests of justice or not.
 

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Indeed. I ensured that during the London Bridge rebuilding disaster performance on Southern I claimed every valid journey I was disrupted on (it felt like it was every day) and it totalled about 40 over more than a year.
118/232 single journeys is basically a claim every day you travel, in one or other direction. It’s like Rob McKenna from the Douglas Adams books. https://hitchhikers.fandom.com/wiki/Rob_McKenna

I’ve grown a bit concerned as the thread has gone on that GA’s blunt tool approach to this is bringing in some genuine or mistaken claimants who ought to resist being accused of fraud, but someone claiming £1100 in six months must be a record.
 

Watershed

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I’ve grown a bit concerned as the thread has gone on that GA’s blunt tool approach to this is bringing in some genuine or mistaken claimants who ought to resist being accused of fraud, but someone claiming £1100 in six months must be a record.
But as long as some of the people they write to are guilty, that's alright then?

It is better that ten guilty persons escape than that one innocent suffer (Blackstone's ratio refers).
 

NotGreaterA

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I held a Greater Anglia season ticket until I surrendered it as I have not been using the service since the first lockdown. In the seven months of the last ticket I did not make any claims and for the two tickets before I only made 3 or 4 claims a year. I am able to use an alternative route during disruption and the delay would rarely be other an hour. In the evening if I had to get a bus for the last part of the journey, this would save time as the bus stops right outside my house.

There have been times when there has been major disruption when I have not been using the service. I have never made a claim as it is not worth the risk.

It appearsto me that the users of one branch line and long distance commuters are being targeted.
How long do you travel/route distance? Some people's are 60/70 miles and over 90 mins travel time. 3 & 4 claims a year suggests you don't really understand the difference between your commute and long distance commuting.
 

Tazi Hupefi

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But as long as some of the people they write to are guilty, that's alright then?

It is better that ten guilty persons escape than that one innocent suffer (Blackstone's ratio refers).

Of course it's alright! An investigation is neutral. GA seem to be saying we believe there might be something strange about your claims, can you provide more info please, along with a note that any fraud found may be a police matter.

Different problem if anyone is incorrectly prosecuted, but innocent people are investigated every single day by pretty much every law enforcement agency in the world!

You can't ever just investigate guilty people! The purpose of an investigation is to determine whether there's any likelihood of an offence or wrongdoing, and if not, to rule them out!

I personally think 118 claims in that time period is worthy of investigation, especially when we don't know what other factors they are considering aside from claim volumes. Sending a customer with unusually high claim volumes a letter asking if they have any comments etc, and explaining that fraud could be a police matter if any exists seems reasonable in the circumstances.
 
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talldave

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But it would appear that GA's "evidence" is the number 118. It would be amusing to see that go to court. And if she's so guilty, why are they apologising to her?

One wonders if they put as much effort into making the service less crap?!
 

Watershed

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Of course it's alright! An investigation is neutral. GA seem to be saying we believe there might be something strange about your claims, can you provide more info please, along with a note that any fraud found may be a police matter.

Different problem if anyone is incorrectly prosecuted, but innocent people are investigated every single day by pretty much every law enforcement agency in the world!

You can't ever just investigate guilty people! The purpose of an investigation is to determine whether there's any likelihood of an offence or wrongdoing, and if not, to rule them out!

I personally think 118 claims in that time period is worthy of investigation, especially when we don't know what other factors they are considering aside from claim volumes. Sending a customer with unusually high claim volumes a letter asking if they have any comments etc, and explaining that fraud could be a police matter if any exists seems reasonable in the circumstances.
There will perhaps be cases where investigation would be warranted. Any such investigation would need to be approached with an open mindset, given that suspicions of fraud could well be wrong.

By definition, an average only exists because some people fall under it, and others above it - and therefore having a high number of claims is not inherently sufficient justification for investigation IMHO.

GA's template letter openly admits they only envisage two outcomes - repaying the claims or reporting the matter to the police. Both of these indicate an assumption of guilt, and therefore their letters have more in common with attempted extortion than a fair investigation...

This is an issue which inevitably arise in these circumstances - the customer will usually have little evidence so long after the claim was made, and GA are far from impartial on the matter. Which is why, if they had genuine concerns about widespread fraud, they should engage with the police to get an impartial investigation set up.
 

NotGreaterA

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Of course it's alright! An investigation is neutral. GA seem to be saying we believe there might be something strange about your claims, can you provide more info please, along with a note that any fraud found may be a police matter.

Different problem if anyone is incorrectly prosecuted, but innocent people are investigated every single day by pretty much every law enforcement agency in the world!

You can't ever just investigate guilty people! The purpose of an investigation is to determine whether there's any likelihood of an offence or wrongdoing, and if not, to rule them out!

I personally think 118 claims in that time period is worthy of investigation, especially when we don't know what other factors they are considering aside from claim volumes. Sending a customer with unusually high claim volumes a letter asking if they have any comments etc, and explaining that fraud could be a police matter if any exists seems reasonable in the circumstances.
GA saying the average number of claims is around 20 but have sent hundreds if not thousands of letters out saying people are claiming an abnormal number of claims.... One would suggest they're also lying. It's not Iike they're sending a few letters here and there, loads of people are getting them.
 

Tazi Hupefi

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But it would appear that GA's "evidence" is the number 118. It would be amusing to see that go to court. And if she's so guilty, why are they apologising to her?

One wonders if they put as much effort into making the service less crap?!
That's not been the case for others, where they provided smartcard / ticket useage statistics etc.

I can't see where they've apologised for anything other than distress the letter may have caused, pretty standard. The article clearly shows they are still assessing her.

I also suspect they can get a pretty accurate idea of what's "normal" for a route too. If (as an example) 95% of customers with a Ipswich to London monthly season ticket, typically make 10 or less claims a month, if someone claims 20 times, with the same ticket, on the same route, you're probably going to be suspicious. That sort of data sounds like it's available to. It's not evidence, but it could be (and seems to be) reasonable suspicion.

I also wouldn't be surprised if a small proportion of customers with extremely high claim volumes have been covertly monitored, either through CCTV, plain clothes staff etc, a mix of methods and so on. I'm pretty sure there's plain clothes rail inspectors in the UK. If they'll do it for fare evasion, surely they'd do the same for something potentially a lot more serious?



GA saying the average number of claims is around 20 but have sent hundreds if not thousands of letters out saying people are claiming an abnormal number of claims.... One would suggest they're also lying. It's not Iike they're sending a few letters here and there, loads of people are getting them.
Getting into the realms of making a libelous statement there, if I understand you correctly. You seem to be implying that GA is lying?

I haven't seen any evidence of that whatsoever.
 
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AlterEgo

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But as long as some of the people they write to are guilty, that's alright then?

It is better that ten guilty persons escape than that one innocent suffer (Blackstone's ratio refers).
We aren’t talking about criminal convictions here though, but customers who were told they were suspected of wrongdoing and offered the chance to either defend themselves or settle. I don’t see it as fundamentally different to being told I should pay a speeding fine when it wasn’t me driving the car. Perhaps some people do indeed pay, but if you didn’t do anything wrong, you’d know that!

By your logic (which is nothing to do with Blackstone’s mantra) the railway should never ever try to detect fraud after its commission, nor ever issue a penalty fare, etc.

But it would appear that GA's "evidence" is the number 118. It would be amusing to see that go to court. And if she's so guilty, why are they apologising to her?

One wonders if they put as much effort into making the service less crap?!
Do you think the company are so naive to disclose all of their evidence to the suspect at this early stage?
 

WesternLancer

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I think in the case cited in the Daily Mail the lady concerned is unlikely (OK, IMHO) to go to the press to protest innocence if she knows she is actually guilty of what the letter implies she has done. So that suggests she really did suffer that amount of delays, or her interpretation of Delay-Repay is really rather different than the railway's (and I mean her genuine interpretation, in that she does not believe her claims were erroneous or fraudulent and isn't trying to swing the lead as it were).

It really does seem strange to me for the railway to have paid out all those claims at the time, and only now be challenging her about them. You would think you would set up your software to detect and 'red flag' multiple claims from the same claimant at the time, - well I mean during a time period window for example), and refer them to a staff member to review then and there, before payment. Not months afterwards. Unless the railways did not foresee such volumes of claims and didn't think to set the software up to flag that at the time, which is of course possible.

I presume the TOC still has to publish it's performance measures stats for the periods concerned, and these are on record, which would allow some level of assessment of how many trains were late during the time window concerned? Albeit I know these mask individual delays as they are averages - I mean no good to you if all the trains run on time apart from the one you usually catch etc.
 

Watershed

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We aren’t talking about criminal convictions here though
Oh, so GA aren't threatening people with dobbing them in to the police and being convicted of fraud? Must have been imagining that part.

I don’t see it as fundamentally different to being told I should pay a speeding fine when it wasn’t me driving the car.
A speeding fine is issued on the basis of unambiguous evidence (radar detection usually). There's simply no commonality with this case; anyway, it's rarely helpful to try and make such comparisons.

But if you insist on comparing it with speeding, it would be more accurate to equate it with pre-emptively issuing all BMW drivers with speeding FPNs. After all, 9 out of 10 BMW drivers speed, so surely it's OK to send FPNs to all of them, and then let the 1 in 10 innocent drivers off if they can prove they've never broken the limit?

Perhaps some people do indeed pay, but if you didn’t do anything wrong, you’d know that!
There are people here who have said they don't think they did anything wrong, but that they simply paid up to make it go away.

By your logic (which is nothing to do with Blackstone’s mantra) the railway should never ever try to detect fraud after its commission, nor ever issue a penalty fare, etc.
There is nothing wrong with the railway dealing with people who break railway laws. But they should only do so where there is clear evidence they have broken the law, not based on conjecture.
 

Tazi Hupefi

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Oh, so GA aren't threatening people with dobbing them in to the police and being convicted of fraud? Must have been imagining that part.


A speeding fine is issued on the basis of unambiguous evidence (radar detection usually). There's simply no commonality with this case; anyway, it's rarely helpful to try and make such comparisons.

But if you insist on comparing it with speeding, it would be more accurate to equate it with pre-emptively issuing all BMW drivers with speeding FPNs. After all, 9 out of 10 BMW drivers speed, so surely it's OK to send FPNs to all of them, and then let the 1 in 10 innocent drivers off if they can prove they've never broken the limit?


There are people here who have said they don't think they did anything wrong, but that they simply paid up to make it go away.


There is nothing wrong with the railway dealing with people who break railway laws. But they should only do so where there is clear evidence they have broken the law, not based on conjecture.
And you have proof it's just conjecture?
 

NotGreaterA

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That's not been the case for others, where they provided smartcard / ticket useage statistics etc.

I can't see where they've apologised for anything other than distress the letter may have caused, pretty standard. The article clearly shows they are still assessing her.

I also suspect they can get a pretty accurate idea of what's "normal" for a route too. If (as an example) 95% of customers with a Ipswich to London monthly season ticket, typically make 10 or less claims a month, if someone claims 20 times, with the same ticket, on the same route, you're probably going to be suspicious. That sort of data sounds like it's available to. It's not evidence, but it could be (and seems to be) reasonable suspicion.

I also wouldn't be surprised if a small proportion of customers with extremely high claim volumes have been covertly monitored, either through CCTV, plain clothes staff etc, a mix of methods and so on. I'm pretty sure there's plain clothes rail inspectors in the UK. If they'll do it for fare evasion, surely they'd do the same for something potentially a lot more serious?




Getting into the realms of making a libelous statement there, if I understand you correctly. You seem to be implying that GA is lying?

I haven't seen any evidence of that whatsoever.
 

AlterEgo

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I’m afraid I honestly can’t put myself in the headspace of an ordinary person who would just pay up to make a totally unfounded allegation of fraud go away.

Oh, so GA aren't threatening people with dobbing them in to the police and being convicted of fraud? Must have been imagining that part.
But these people are presumed innocent and are being given a clear opportunity to simply, you know, state that!
A speeding fine is issued on the basis of unambiguous evidence (radar detection usually). There's simply no commonality with this case; anyway, it's rarely helpful to try and make such comparisons.

But if you insist on comparing it with speeding, it would be more accurate to equate it with pre-emptively issuing all BMW drivers with speeding FPNs. After all, 9 out of 10 BMW drivers speed, so surely it's OK to send FPNs to all of them, and then let the 1 in 10 innocent drivers off if they can prove they've never broken the limit?

That’s nothing like what’s happened here, and assuming the only thing that’s triggered these letters is just “lots of claims” is probably wide of the mark. It’s more likely to be a high number of claims with a predisposition towards almost always being on a delayed service, with an irregular travel and claim history and probably with a high degree of overlap with other claimants. One of the downsides of using a claims tool or RTT is that a lot of other people have that idea and also claim for the same train. I’ll bet if we looked at Mrs 118-Claims we’d find a few things worth a question in court.

There are people here who have said they don't think they did anything wrong, but that they simply paid up to make it go away.


There is nothing wrong with the railway dealing with people who break railway laws. But they should only do so where there is clear evidence they have broken the law, not based on conjecture.
They should just pass it onto the police and let the police decide whom to arrest and question. This is not a “railway law” they are suspected of breaching. I expect this approach would have similar detractors on this forum too.

I’d be interested to know how insurance fraud is investigated. Are those people given a chance to explain themselves and pay back claims before the police come knocking?
 
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SteveM70

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I’m afraid I honestly can’t put myself in the headspace of an ordinary person who would just pay up to make a totally unfounded allegation of fraud go away.

I can.

Think of someone in a job where a conviction for an offence involving dishonesty would be catastrophic. Then imagine that person is relatively well paid and has reasonable savings. Then imagine that person considers the risk that the court may convict despite their protestations of innocence.

In those circumstances, if it was me I’d probably negotiate a settlement and pay up, but make clear it was no admission of guilt.
 

AlterEgo

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I can.

Think of someone in a job where a conviction for an offence involving dishonesty would be catastrophic. Then imagine that person is relatively well paid and has reasonable savings. Then imagine that person considers the risk that the court may convict despite their protestations of innocence.

In those circumstances, if it was me I’d probably negotiate a settlement and pay up, but make clear it was no admission of guilt.
So if you had all those resources, you’d not bother to defend yourself?
 

NotGreaterA

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That's not been the case for others, where they provided smartcard / ticket useage statistics etc.

I can't see where they've apologised for anything other than distress the letter may have caused, pretty standard. The article clearly shows they are still assessing her.

I also suspect they can get a pretty accurate idea of what's "normal" for a route too. If (as an example) 95% of customers with a Ipswich to London monthly season ticket, typically make 10 or less claims a month, if someone claims 20 times, with the same ticket, on the same route, you're probably going to be suspicious. That sort of data sounds like it's available to. It's not evidence, but it could be (and seems to be) reasonable suspicion.

I also wouldn't be surprised if a small proportion of customers with extremely high claim volumes have been covertly monitored, either through CCTV, plain clothes staff etc, a mix of methods and so on. I'm pretty sure there's plain clothes rail inspectors in the UK. If they'll do it for fare evasion, surely they'd do the same for something potentially a lot more serious?




Getting into the realms of making a libelous statement there, if I understand you correctly. You seem to be implying that GA is lying?

I haven't seen any evidence of that whatsoever.
Libelous statement you saying GA are an honest company? How is 20 average when they're sending letters to 100s people?
 

Tazi Hupefi

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Libelous statement you saying GA are an honest company? How is 20 average when they're sending letters to 100s people?
I can only conclude you aren't able to follow sentences or have a poor command of English, sorry. Maybe re-read my post (s) and you'll see that is not what I have said at all.

Clearly GA are absolutely an honest company, nothing they have done gives me any indication otherwise. It seems to be that you are quite emotional about GA, and taking things very personally, rather than objectively approaching this as GA, in law, is a potential victim of multiple frauds against them, some of which have been admitted on this very forum. In any event they are acting according to the laws which they are entitled to rely on. It is to their credit in my view that they are footing the costs of the initial investigations themselves, rather than clogging up the police and passing investigation costs on to the taxpayer.

Even if they have issued 5000 letters to people, (doubt it personally, or we would probably see more publicity), I'd expect that 5000 is a tiny, insignificant fraction number of claims compared to those which GA have absolutely no problem with and have paid properly. In the scheme of things, there is probably hundreds of thousands, if not millions of claims made each year. I strongly suspect 99%≥ of claimants probably will never receive a letter. Probably an even smaller fraction of that 1% will actually be an error on GA's part.

Just because GA have not decided to share their evidence with forum members personally for your perusal, does not mean they do not have it. Anecdotally, asking for evidence has so far tended to result in paperwork being received. Frankly, it is impossible to know what they do or not have unless you are one of the ones being investigated. In any event, they are perfectly entitled to gather evidence by questioning.
 
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So if you had all those resources, you’d not bother to defend yourself?
Read what has been written. It's not a case of not bothering, it's about the risks of doing so. Very simply, losing their job and career is too big a risk to take even if they have been entirely honest in their DR claims.
 

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Read what has been written. It's not a case of not bothering, it's about the risks of doing so. Very simply, losing their job and career is too big a risk to take even if they have been entirely honest in their DR claims.
If you only ever claimed honestly and on trains upon which you travelled there’s absolutely no chance you’d ever get convicted. You need multiple, overlapping pieces of evidence like what I outlined earlier to even come close to the criminal standard of proof.
 

SteveM70

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If you only ever claimed honestly and on trains upon which you travelled there’s absolutely no chance you’d ever get convicted. You need multiple, overlapping pieces of evidence like what I outlined earlier to even come close to the criminal standard of proof.

But how could you *know* you’d get a not guilty? Courts sometimes make perverse decisions.

Even a not guilty could see someone’s reputation besmirched by the “no smoke without fire” or “he only got off because he could afford a flash lawyer” brigade.
 

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But how could you *know* you’d get a not guilty? Courts sometimes make perverse decisions.

Even a not guilty could see someone’s reputation besmirched by the “no smoke without fire” or “he only got off because he could afford a flash lawyer” brigade.
How would you know you’d be found not guilty if someone accused you of the same thing? You mean to say, you’d pay up without question if you got one of these letters? I wouldn’t.
 

SteveM70

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How would you know you’d be found not guilty if someone accused you of the same thing? You mean to say, you’d pay up without question if you got one of these letters? I wouldn’t.

No, I’m not saying that. I was pointing out that there will be people receiving these letters for whom the tiniest chance of a conviction for an offence of dishonesty is a chance too much. Everyone has their own circumstances

Personally, because Northern were so awful when I commuted into Manchester, I had multiple claims in the system at the same time so quickly realised a little spreadsheet to keep track of stuff would help. And whenever I had to make an “unusual” claim, like for a delay when station staff instructed us not to even try and get on an overcrowded but on time train, I took a photo as evidence. I also still work for the same company so have access to work diaries etc.
 

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If you only ever claimed honestly and on trains upon which you travelled there’s absolutely no chance you’d ever get convicted. You need multiple, overlapping pieces of evidence like what I outlined earlier to even come close to the criminal standard of proof.
On the one hand you insist there is enough evidence to justify GA threatening people with prosecution, with the 'awfully convenient' alternative of a bribe*.

One the other hand you say that there is absolutely no chance of wrongful convictions, so there is nothing to worry about.

Argue how you like, but those are totally incompatible positions. So which are you saying is true?

If you not only trust the courts to deliver justice 100% of the time, but also trust recipients of these letters to have full faith in the courts, I'm afraid you are unrealistically optimistic.

Miscarriages of justice are real and many people don't trust the courts when it comes to something as momentous as a fraud conviction.

Coming back to the point, this means that by no means are you admitting wrongdoing if you cave in and pay GA their bribe.

*Yes, I know the law has other opinions on that, but if it walks like a duck and quacks like a duck...
 

jon0844

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I'd expect GA to quietly drop her case unless they have clear evidence. And I would think she is sure of her ground.

Perhaps, but if they think they've got a case why would they?

People protest their innocence all the time - saying they have nothing on them before a search reveals drugs/weapons/stolen items, saying they didn't speed before video evidence is shown to them, saying they have a ticket when they don't etc.

Many people think that shouting loud and being abusive is a way to get people to give up, which rarely seems to work. Going to the press could be like this, or it might not.

It is impossible to know the circumstances of this person and how they made so many claims which does sound rather, well, unlucky at best.
 

SteveM70

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It is impossible to know the circumstances of this person and how they made so many claims which does sound rather, well, unlucky at best.

Exactly, although on your final point it may not be a question of luck at all. Some trains are far less reliable than others, and prone to more frequent delay / cancellation
 

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On the one hand you insist there is enough evidence to justify GA threatening people with prosecution, with the 'awfully convenient' alternative of a bribe*.
I don’t insist this. I’ve offered helpful advice upthread for people caught in the net who clearly should not be there. No method of finding dishonest people is going to be 100% accurate.
One the other hand you say that there is absolutely no chance of wrongful convictions, so there is nothing to worry about.
The level of proof required by the CPS to substantiate a fraud allegation is pretty high, and not, as you suggest, “oh you made lots of claims”.
If you not only trust the courts to deliver justice 100% of the time, but also trust recipients of these letters to have full faith in the courts, I'm afraid you are unrealistically optimistic.
I don’t quite understand why you think I think that when I’ve clearly told people in this thread that, if they did not make any dishonest claims, they should simply write back and say so.
Miscarriages of justice are real and many people don't trust the courts when it comes to something as momentous as a fraud conviction.

Coming back to the point, this means that by no means are you admitting wrongdoing if you cave in and pay GA their bribe.

*Yes, I know the law has other opinions on that, but if it walks like a duck and quacks like a duck...
Suggesting the TOC is offering a bribe is just bad faith discussion. As is so often the case in this area of the forum, there are a few hardcore users who believe train companies are wilfully dishonest or aggressive. It’s more than likely the case that they’re incompetent or simply mistaken, and it’s a lot easier to reach good advice if you assume this.
I would never advocate for people to settle claims for actions they never committed or weren’t liable for; the same principle we should apply to GA who ought to have stopped paying out the most obvious pee takers long ago.

Perhaps, but if they think they've got a case why would they?

People protest their innocence all the time - saying they have nothing on them before a search reveals drugs/weapons/stolen items, saying they didn't speed before video evidence is shown to them, saying they have a ticket when they don't etc.

Many people think that shouting loud and being abusive is a way to get people to give up, which rarely seems to work. Going to the press could be like this, or it might not.

It is impossible to know the circumstances of this person and how they made so many claims which does sound rather, well, unlucky at best.
I’m glad it’s not just me that can see that claiming to be delayed, on average, every single day, might be worthy of a few questions!
 

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I’m glad it’s not just me that can see that claiming to be delayed, on average, every single day, might be worthy of a few questions!
I have been on numerous trains where the timings were simply unachievable. Particularly with certain connections to/from those services, you could guarantee some sort of delay every day.

As GA moved to 15 minute DR a while back, it doesn't take much to give rise to a claim.

So add on top any sort of disruption or underlying factors (industrial relations, shortforming, TSRs that aren't very temporary etc.) and daily claims become well within the realms of the possible.

I'm out - clearly everyone has their position on it, those who belive GA are saints are not going to change their minds no matter what.
 
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