Hello All,
I've been contacted by GWR after being reported for prosecution for travelling from Hayle to Penzance without a ticket. It mentions both section s5(3) the Regulation of railways act (1889) and the Bylaw 18(1) of the railway bylaws but doesn't specify which if either of them I am likely to be charged under and contacting GWR about it has not been helpful on that front either. The reason for my report to prosecution is correct I did not have a ticket and couldn't buy one.
Hayle train station doesn't have any ticketing facilities as such I got on the train there without purchasing a ticket. When the ticket inspector came round to check/sell tickets I realised I had forgotten my wallet and explained this to them. I was then advised to wait and they would get someone to deal with it.
I was then interviewed by a revenue protection inspector, who I gave my name and address and explained the issue again. When asked if I had any other tickets I explained that I have other tickets in my wallet but that I don't have the tickets on me as I don't have my wallet. I was asked if I had intended not to purchase a ticket and if they had not been approached would I have purchased a ticket, I told them I would have purchased a ticket if I had my wallet. I advised them that I would purchase a ticket as soon as possible and put this in writing in the section where writing in my own words was allowed. When asked how I intended to do this I told them I was heading to a meeting at the job centre in penzance and would ask to borrow the money from my job coach.
The interview concluded and I went to the job centre completed my meeting, found out I couldn't borrow money from my job coach due to regulations and called the people I know in penzance until I was able to borrow the £4 for a return ticket, which took about an hour.
Fast forward about 6 weeks to now and I get the pre-court settlement offer from GWR of £84 to cover the cost of the tickets and admin fee's for recovering it.
Whilst I'm on benefits I can still cover it by borrowing money some of the money from my father to pay him back later.
This is when it hit's a bit of a snag he looks up what they are threatening to charge me with (Regulation of railways act (1889) and the Bylaw 18(1) of the railway bylaws) and is sure I can win the case and feels that I should appeal against it and after reading text I don't disagree.
The argument is that in Bylaw 18(3):
"no person shall be in breach of Byelaw 18(1) or 18(2) if:
with s5(3) the Regulation of railways act:
If any person—
(a)Travels or attempts to travel on a railway without having previously paid his fare, and with intent to avoid payment thereof; or
....
(c)Having failed to pay his fare, gives in reply to a request by an officer of a railway company a false name or address,
In regards to this I gave my name and address and had no intent to avoid payment just no means to pay at the time.
That said I feel it's best to get a second and probably more informed opinion, I've contacted transport focus but I'm still awaiting a response from them and if some people on the forum could give me their views on the matter it would be appreciated.
Is it worth the risk of going to court over or should I just pay the fine?
I've been contacted by GWR after being reported for prosecution for travelling from Hayle to Penzance without a ticket. It mentions both section s5(3) the Regulation of railways act (1889) and the Bylaw 18(1) of the railway bylaws but doesn't specify which if either of them I am likely to be charged under and contacting GWR about it has not been helpful on that front either. The reason for my report to prosecution is correct I did not have a ticket and couldn't buy one.
Hayle train station doesn't have any ticketing facilities as such I got on the train there without purchasing a ticket. When the ticket inspector came round to check/sell tickets I realised I had forgotten my wallet and explained this to them. I was then advised to wait and they would get someone to deal with it.
I was then interviewed by a revenue protection inspector, who I gave my name and address and explained the issue again. When asked if I had any other tickets I explained that I have other tickets in my wallet but that I don't have the tickets on me as I don't have my wallet. I was asked if I had intended not to purchase a ticket and if they had not been approached would I have purchased a ticket, I told them I would have purchased a ticket if I had my wallet. I advised them that I would purchase a ticket as soon as possible and put this in writing in the section where writing in my own words was allowed. When asked how I intended to do this I told them I was heading to a meeting at the job centre in penzance and would ask to borrow the money from my job coach.
The interview concluded and I went to the job centre completed my meeting, found out I couldn't borrow money from my job coach due to regulations and called the people I know in penzance until I was able to borrow the £4 for a return ticket, which took about an hour.
Fast forward about 6 weeks to now and I get the pre-court settlement offer from GWR of £84 to cover the cost of the tickets and admin fee's for recovering it.
Whilst I'm on benefits I can still cover it by borrowing money some of the money from my father to pay him back later.
This is when it hit's a bit of a snag he looks up what they are threatening to charge me with (Regulation of railways act (1889) and the Bylaw 18(1) of the railway bylaws) and is sure I can win the case and feels that I should appeal against it and after reading text I don't disagree.
The argument is that in Bylaw 18(3):
"no person shall be in breach of Byelaw 18(1) or 18(2) if:
- there were no facilities in working order for the issue or validation of any ticket at the time when, and the station where, he began his journey
with s5(3) the Regulation of railways act:
If any person—
(a)Travels or attempts to travel on a railway without having previously paid his fare, and with intent to avoid payment thereof; or
....
(c)Having failed to pay his fare, gives in reply to a request by an officer of a railway company a false name or address,
In regards to this I gave my name and address and had no intent to avoid payment just no means to pay at the time.
That said I feel it's best to get a second and probably more informed opinion, I've contacted transport focus but I'm still awaiting a response from them and if some people on the forum could give me their views on the matter it would be appreciated.
Is it worth the risk of going to court over or should I just pay the fine?