Hi
I am a support worker and I am looking for some advice on behalf of one of my disabled clients. In March she undertook a journey from Scarbororough to Bristol Temple Meads for which she had a valid ticket. She intended to complete her journey to Backwell by bus as she lives on the bus route and has a free disabled bus pass. However unfortunatly she was intoxicated and abusive to staff and met by BTP at temple meads, they then excorted her onto a train to Backwell - therefore she undertook a journey without a valid ticket.
She was then sent a precourt action letter stating:
"It was been reported that on 29th March 2016 you travelled/attempted to travel from Bristol Temple Meads to Nailse & Backwell by train without being in posssession of a valid ticket...GWR is prepared to offer you the opportunity to settle this matter, upon payment of £104.40, this sum includes the fare outstanding of £4.40 together with a charge towards the costs that have been incurred[/I]" My client then wrote to them with an explanation of the circumstances, they replied stating she undertook the journey without a ticket and also "It is noteworthy that you were rude and abusive to the inspector...the use of obscene abusive and offensive language on the railway consitutes an offence in law intself, so to does being drunk and disorderly on the railway and with the facts available the inspector was duty bound to report with matter to us."
A further letter was written by myself and my client stating it was not her intention to travel without a ticket and also apologising for her behaviour (she is a 60year old disabled lady very upset that she was abusive but with no memory of the incident due to her intoxication) and she enclosed a cheque for the unpaid fare £4.40.
Their recent reply to this accepts that she did not intend to travel without a ticket "In light of this information we do not intend to pursue the outstanding fare for this journey" and they returned the cheque for £4.40 "However we do intend to pursue the matter of your abusive bahaviour which is an offence under the railway byelaws...Having given consideration to your current circumstances, I am prepared to offer you a reduced settlement offer of £40".
However the orginal amount was the unpaid fare plus an admin fee - presumably relating to the unpaid fare issue. My client's behaviour was an aside issue. Can they change tact in this way? Is it worth persuing or does she risk the penalty increasing further?
TYIA
I am a support worker and I am looking for some advice on behalf of one of my disabled clients. In March she undertook a journey from Scarbororough to Bristol Temple Meads for which she had a valid ticket. She intended to complete her journey to Backwell by bus as she lives on the bus route and has a free disabled bus pass. However unfortunatly she was intoxicated and abusive to staff and met by BTP at temple meads, they then excorted her onto a train to Backwell - therefore she undertook a journey without a valid ticket.
She was then sent a precourt action letter stating:
"It was been reported that on 29th March 2016 you travelled/attempted to travel from Bristol Temple Meads to Nailse & Backwell by train without being in posssession of a valid ticket...GWR is prepared to offer you the opportunity to settle this matter, upon payment of £104.40, this sum includes the fare outstanding of £4.40 together with a charge towards the costs that have been incurred[/I]" My client then wrote to them with an explanation of the circumstances, they replied stating she undertook the journey without a ticket and also "It is noteworthy that you were rude and abusive to the inspector...the use of obscene abusive and offensive language on the railway consitutes an offence in law intself, so to does being drunk and disorderly on the railway and with the facts available the inspector was duty bound to report with matter to us."
A further letter was written by myself and my client stating it was not her intention to travel without a ticket and also apologising for her behaviour (she is a 60year old disabled lady very upset that she was abusive but with no memory of the incident due to her intoxication) and she enclosed a cheque for the unpaid fare £4.40.
Their recent reply to this accepts that she did not intend to travel without a ticket "In light of this information we do not intend to pursue the outstanding fare for this journey" and they returned the cheque for £4.40 "However we do intend to pursue the matter of your abusive bahaviour which is an offence under the railway byelaws...Having given consideration to your current circumstances, I am prepared to offer you a reduced settlement offer of £40".
However the orginal amount was the unpaid fare plus an admin fee - presumably relating to the unpaid fare issue. My client's behaviour was an aside issue. Can they change tact in this way? Is it worth persuing or does she risk the penalty increasing further?
TYIA