Received 'WARNING in lieu of PROSECTUTION' letter from South West Trains

[W230]

If a gate fails to open and displays a reason code indicating there is no valid season ticket and there are insufficient pre-pay funds to allow travel, then an authorised person opens the gate and allows the person through into a compulsory ticket area, by those actions has an authorised person given permission to travel without a valid ticket such that the person is not in immediate breach of the byelaw on passing through the gate as would otherwise likely be the case?

Interesting. I guess the point would be that they opened the gate after the ticket (Oyster) had not worked. I wouldn't think that this action enough to give permission to travel without a valid ticket, more that it is to give access to the platforms but then again I assume the platforms are part of a PF area?

 

[island]

Interesting. I guess the point would be that they opened the gate after the ticket (Oyster) had not worked. I wouldn't think that this action enough to give permission to travel without a valid ticket, more that it is to give access to the platforms but then again I assume the platforms are part of a PF area?

Platforms are not part of a "PF area". They may be part of a compulsory ticket area (CTA) but I don't think this applies in this situation.

In my personal opinion, which is entirely likely to be wrong, a member of staff letting you through the gates does not necessarily constitute permission to join a train without a ticket. What was in the staff member's mind is of course unknown, but it is far more likely (again in my opinion) that the said staff member was of the opinion the gate had malfunctioned and was therefore permitting the passenger to proceed on the understanding that he held a valid ticket.

 

[Stigy]

Unfortunately, for a byelaw 18 conviction all SWT need to prove is that you didn't have a ticket for your journey, which you didn't according to their RPI's statement. Were you questioned under caution? What was said, even if not under caution?

If a staff member let you through at Norbiton, it could be seen as getting authority to board the train without a ticket, but I'd imagine this would have been bottomed out during questioning? To be honest, it's unlikely a case would have got this far unless all the Is were dotted and the ts crossed....