Inter-TOC compensation in court proceedings

[Egg Centric]

The train companies have agreements where they can act on behalf of each other over things like this.

For 'normal' fares a system called ORCATS is used to split the revenue between the different train operators where more than one company can be used. I don't think it applies to settlements like this, but it's generally swings and roundabouts as there will be other cases where Avanti deal with a case involving another operator.

I understand why TOCs can request the full price of train ticket(s) in an out of court settlement.

What I don't understand is the legal theory that allows them to get as compensation the entire price of a ticket that ordinarily they'd only be entitled to a certain percentage of (due to ORCATS, dealer cuts, etc) - or in some cases involving serial offenders perhaps none at all (such as when a prosecution is made by one TOC for a series of tickets some of which were at the other end of the country) when that figure is being awarded by the court. I can see why it would be desirable for the offender to lost at least the price of the ticket, but not why it should end up with the TOC.

Note that this is not a discussion about whether they should be charging full anytime singles or something else. Nor is it me stating anything about what the TOCs "should" get. I'd just like to understand the legal basis for being compensated the entire ticket; it's not intuitively obvious to me how it's allowed.

 

[Watershed]

One argument might be along the lines that the TOC will distribute the received settlement revenue through ORCATS - I'm not convinced this would actually happen, but it's a possibility.

If it is known that the defendant actually took trains operated by the claimant train company, then ORCATS is nugatory as it is only intended to distribute revenue for journeys where there could be multiple operators that provided the trains used.

it's also worth noting Criminal Court is not obliged to act in accordance with the usual contractual/civil mechanisms when deciding what compensation to order a defendant to be paid. Such compensation is at the discretion of the Court.

 

[guilbert]

I'm aware TOCs seek out of court settlements on behalf of other operators but do they actually prosecute on their behalf much / at all?

I suspect in most cases the actual value of the fare is pretty small so rarely gets challenged.

 

[island]

The court is within its rights to order compensation be paid to such party as it sees fit. So if (for example) WMT prosecute a Chiltern passenger, the court can order compensation to Chiltern.