Advice Please- Husband Caught Using my Season Ticket

[Abpj17]

I'm surprised no-one else has picked up on the areas highlighted above, but

a) OP's husband travelled to London Friday 18th March
b) OP's husband travelled back to Maidenhead Sunday 20th March
c) At some point, OP was made aware by her husband, that he had borrowed her season ticket

Surely, if c) occurred before the journey b) was undertaken - perhaps when husband and wife called / texted one another on Saturday - then the TOC would be far more likely to prosecute ? Because IF that is what happened, the owner of the season ticket should have taken steps to advise her husband to buy a ticket for his journey from London to Maidenhead. Not persuading him to do so could be construed as her being complicit in the misuse of her season ticket, as she could then not use the defence that she did not know it was about to be misused (for the return journey) :?

But other than the power of persuasion, as she was out of the country she had no effective means of preventing its misuse. Basically, the husband just did something stupid (twice). (Unless she actively left the ticket at home and encouraged him to use it)

 

[Skimpot flyer]

Investigator: Did you know your husband was using your season ticket?

If her hubby let her know, before the second journey, that he'd borrowed it, she can't truthfully state that she didn't know.

IMHO, I think she will be lucky, if the only sanction is that they refuse to return the season ticket. They are going to assume multiple misuse, surely? Even if they cannot prove it ..

 

[najaB]

Investigator: Did you know your husband was using your season ticket?

If her hubby let her know, before the second journey, that he'd borrowed it, she can't truthfully state that she didn't know.

If she told him not to use it and he did anyway she can't be held responsible. As such only the husband will be liable for prosecution and they have no grounds to permanently withdraw the season ticket.

 

[gingerheid]

I wonder what the police would think since the husband's actions do not appear to fit the definition for theft, ie. a requirement for "intention of permanently depriving".

This is a very common misconception regarding theft. Taking something that doesn't belong to you in circumstances where you can't ensure you can return it (ie the train company is entitled to confiscate it) would also be theft.

 

[Andrewlong]

Presumably husband carries wife's season ticket including her photocard and takes risk that they won't stop him and ask to see ticket and accompanying photocard? What happens if he is unable or unwilling to produce photocard when requested? I ask question to gain a better understanding of how the process work in general?

 

[island]

This is a very common misconception regarding theft. Taking something that doesn't belong to you in circumstances where you can't ensure you can return it (ie the train company is entitled to confiscate it) would also be theft.

Do you have a case law citation for that?

I'm aware that theft of a concert ticket with intent to return the physical ticket after the concert when it has no further validity has been found to be theft, but I'm not aware of it having been taken further.

 

[hockeychick82]

Hi all,

Just wanted to give an update. Letter received from GWR yesterday, husband has to pay a fine of £104 plus cost of return fare. Feeling very relieved. Will now begin the process of getting my season ticket back. Thanks for all.of your advice and comments.

 

[furnessvale]

Do you have a case law citation for that?

I'm aware that theft of a concert ticket with intent to return the physical ticket after the concert when it has no further validity has been found to be theft, but I'm not aware of it having been taken further.

I wondered about that. The specific offence of TWOC (or TDA) was created to cover taking cars in those circumstances.

(Although I still feel that judges misdirected themselves in saying such takings were not theft. Only the good offices of the police, recovering the car in a distant town and arranging its return to the owner, stops the full offence, nothing to do with the criminal's actions.

Only if the criminal returned the car to where he stole it from, having used his own petrol, would I countenance TWOC as a suitable charge, but I digress.)

 

[DaveNewcastle]

Hi all,

Just wanted to give an update. Letter received from GWR yesterday, husband has to pay a fine of £104 plus cost of return fare. Feeling very relieved. Will now begin the process of getting my season ticket back. Thanks for all.of your advice and comments.

Excellent!

I think he's been treated less harshly than he might have been, which must be a great relief.

Thanks for reporting back on here.

 

[najaB]

Just wanted to give an update. Letter received from GWR yesterday, husband has to pay a fine of £104 plus cost of return fare.

That's a fair result in the circumstances - sounds like it's just their costs plus the fare. Thanks for coming back to let us know. I hope you've thought up a suitable penance for hubby...

 

[hockeychick82]

That's a fair result in the circumstances - sounds like it's just their costs plus the fare. Thanks for coming back to let us know. I hope you've thought up a suitable penance for hubby...

Don't worry he will be punished!! Lol