I'm sure it wouldn't if he had engaged with the initial correspondence. The person says he moved from the address he gave the RPI's and for whatever reason the court judgement was the first thing that was forwarded to him , according to him anyway. We haven't got the invidual here to help fill in the gaps but don't you think it's a bit strange that a court judgement letter finds its way to him months after he's moved but other stuff apparently hasn't?
Whether there should be a Cardiff Zone 1 fare or whatever? Yes but it's a different matter to not responding to correspondence.
Regardless of the passenger's negligence in failing to update the address or forwarding mail, there is still no reason this should have gone to court. There already is a kind of Cardiff Zone 1, in that the fares from London Paddington to Cardiff Central are really just manifestations of the
The need to have a ticket valid for the journey your undertaking is well established in the National Terms and Conditions.
ATW have had a "Buy before you board" campaign /policy since August last year. The person ignored an opportunity to buy a valid ticket at Cardiff Central whilst interchanging from the Mainline. If he had joined at a station without Ticket Buying Facility's the RPI's are under instruction to issue UFN's Unpaid Fares Notices if no ticket buying facilities exist at the block station or let people purchase if facility's exist.
The fact that they reported him is entirely consistent and correct with current procedure. The reason he's ended up with a Court Fine is to do with his failure to engage with the follow up to the TIR (Ticket Irregularity Report).
Did you respond to the Welsh Government Consultation on the new Wales and Borders franchise asking for tickets "to Cardiff" to be valid at Cardiff Central and the other 20 or so stations in the Cardiff Unitary Authority Area?
I'm sorry, but ATW's policies and application thereof are entirely ludicrious in this case. There is no suggestion that the passenger has not committed an offence
in the letter of the law, but equally, given that there is no doubt that the passenger has not committed an offence
in the spirit of the law, I find it an abuse of Court for them to have prosecuted the matter.
No matter how incompetent or negligent the passenger was - in not receiving, forwarding or responding to letters, as well as buying the ticket to the incorrect stated destination (though still to the same flow destination) - this case is so egregious a misuse of the Court process and of the arcane anti-passenger laws applying to the railway that I find it prima facie evidence as to why private railway prosecutions should no longer be allowed (it properly being a matter for the BTP or CPS) and why Byelaw 17/18 and possibly even RoRA S5 should be repealed.
By all means, punish a misdeed such as this by a Penalty Fare as part of a properly implemented and vetted system, and take passengers to County Court for non-payment thereof, but the use of prosecution for what in any other industry would be a civil dispute is a gross abuse of power.