Hello. I apologise if this post is rather long, but I think it is important to state the full facts of the case.
On July 13th 2012 I was (an in fact still am) in possession of the following rail tickets:-
A annual travelcard for Zones 1 - 3 with an expiry date of 21st October 2012, issued by London Underground on an Oystercard.
A monthly travelcard season from St Albans to Zone 4 with an expiry date of 27th July 2012, issued by FCC at St Albans ticket office.
On July 13th 2012 I boarded the 16:48 train to Brighton at St Albans with the intention of travelling to St Pancras. This train runs non stop to St Pancras.
During the course of the journey, both my tickets were inspected, and the inspector said that
The monthly travelcard was only valid to the last station in Zone 4, which he said was Mill Hill Broadway, but was in fact Hendon.
The annual travelcard was only valid from the first station in Zone 3, which is Hendon.
Therefore according to him I did not have a valid ticket to travel between Mill Hill Broadway and Hendon, and he demanded that I pay a £20 Penalty Fare.
When I refused to do this, he filled out the form intending to report me for possible prosecution.
Susbequent investigations and a strongly worded e-mail to FCC Customer Services revealed the inspector's mistake, both regarding the last station in Zone 4, and the fact that it is legal under section 19a of the National Rail Conditions of Carriage to use the two tickets specified to travel from St Albans to St Pancras on a train which does not stop at the station at which I change from one ticket to the other. (Hendon). I have an e-mail in my possession from FCC which confirms this.
So imagine my surprise when AFTER this I then received a Notice Of Intention To Prosecute letter from FCC for the alleged offence of entering a train for purpose of travelling without a ticket entitling travel. A subsequent conversation with the Prosecutions Department revealed that the facts as reported to them were that the only ticket I had in my possession at that time was the annual travelcard for Zones 1 3.
I have e-mailed an electronic copy of the monthly travelcard to the FCC Prosecutions Department and am awaiting their reply, and I realise that their issuing of the notice is understandable given the facts as reported to them.
However it is clear that the facts of the case have been misrepresented to the Prosecutions Department, either by administrative error or deliberate falsification of the facts by the inspector when he realised his mistakes. (an allegation which I realise that I cannot prove without further evidence)
I cannot prove absolutely that I did have the monthly travelcard with me, but circumstantial evidence would suggest that I did, as there are barriers at St Albans, and I would not have been able to gain access to the train otherwise.
However I cannot see how FCC can prove that I didnt have the ticket with me. As this is a criminal offence, I would have thought that the burden of proof lies with the prosecution, to prove this beyond all reasonable doubt.
I think that the facts of the case as I have outlined above would suggest that I did have the ticket in my possession, and therefore was entitled to make the journey suggested.
So my question at the end of all this is, if this case does proceed to a prosecution, on whom does the burden of proof lie?
Any advice or comments would be welcome.
On July 13th 2012 I was (an in fact still am) in possession of the following rail tickets:-
A annual travelcard for Zones 1 - 3 with an expiry date of 21st October 2012, issued by London Underground on an Oystercard.
A monthly travelcard season from St Albans to Zone 4 with an expiry date of 27th July 2012, issued by FCC at St Albans ticket office.
On July 13th 2012 I boarded the 16:48 train to Brighton at St Albans with the intention of travelling to St Pancras. This train runs non stop to St Pancras.
During the course of the journey, both my tickets were inspected, and the inspector said that
The monthly travelcard was only valid to the last station in Zone 4, which he said was Mill Hill Broadway, but was in fact Hendon.
The annual travelcard was only valid from the first station in Zone 3, which is Hendon.
Therefore according to him I did not have a valid ticket to travel between Mill Hill Broadway and Hendon, and he demanded that I pay a £20 Penalty Fare.
When I refused to do this, he filled out the form intending to report me for possible prosecution.
Susbequent investigations and a strongly worded e-mail to FCC Customer Services revealed the inspector's mistake, both regarding the last station in Zone 4, and the fact that it is legal under section 19a of the National Rail Conditions of Carriage to use the two tickets specified to travel from St Albans to St Pancras on a train which does not stop at the station at which I change from one ticket to the other. (Hendon). I have an e-mail in my possession from FCC which confirms this.
So imagine my surprise when AFTER this I then received a Notice Of Intention To Prosecute letter from FCC for the alleged offence of entering a train for purpose of travelling without a ticket entitling travel. A subsequent conversation with the Prosecutions Department revealed that the facts as reported to them were that the only ticket I had in my possession at that time was the annual travelcard for Zones 1 3.
I have e-mailed an electronic copy of the monthly travelcard to the FCC Prosecutions Department and am awaiting their reply, and I realise that their issuing of the notice is understandable given the facts as reported to them.
However it is clear that the facts of the case have been misrepresented to the Prosecutions Department, either by administrative error or deliberate falsification of the facts by the inspector when he realised his mistakes. (an allegation which I realise that I cannot prove without further evidence)
I cannot prove absolutely that I did have the monthly travelcard with me, but circumstantial evidence would suggest that I did, as there are barriers at St Albans, and I would not have been able to gain access to the train otherwise.
However I cannot see how FCC can prove that I didnt have the ticket with me. As this is a criminal offence, I would have thought that the burden of proof lies with the prosecution, to prove this beyond all reasonable doubt.
I think that the facts of the case as I have outlined above would suggest that I did have the ticket in my possession, and therefore was entitled to make the journey suggested.
So my question at the end of all this is, if this case does proceed to a prosecution, on whom does the burden of proof lie?
Any advice or comments would be welcome.