Can you provide some more context please as to the situation here? Is this concerning a prosecution and attempting to rely on a get-out that the National Rail Byelaws do not allow for penalties to be imposed under this Byelaw?Can London Underground prosecutors prosecute anyone in a Network Rail Station (Barking Station to be precise) using Byelaw 17(1) of the Transport for London Railway Byelaws?
Can you provide some more context please as to the situation here? Is this concerning a prosecution and attempting to rely on a get-out that the National Rail Byelaws do not allow for penalties to be imposed under this Byelaw?
[removed follow up statement until the OP replies]
RAILWAY BYELAWS
Made under Section 219 of the Transport Act 2000 by the Strategic Rail Authority (the Authority) and confirmed under Schedule 20 of the Transport Act 2000 by the Secretary of State for Transport on 22 June 2005 for regulating the use and working of, and travel on or by means of, railway assets, the maintenance of order on railway assets and the conduct of all persons while on railway assets (the Byelaws).
24. Enforcement
(1) Offence and level of fines Any person who breaches any of these Byelaws commits an offence and, with the exception of Byelaw 17, may be liable for each such offence to a penalty not exceeding level 3 on the standard scale.
compulsory ticket area means any area designated as such under a Penalty Fares Scheme and identified by a notice to this effect. Persons who enter a compulsory ticket area without being in possession of a valid ticket may be liable to pay a penalty fare;
TRANSPORT FOR LONDON RAILWAY BYELAWS
Made by Transport for London under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962 by the Secretary of State for Transport on 6 September 2011 for regulating the use and working of its railways; travel on its railways; the maintenance of order on its railways and railway premises, including stations and all the approaches to stations; and the conduct of all persons while on those premises, including officers and employees of Transport for London and its subsidiaries ("the Byelaws").
INTRODUCTION
The Byelaws apply to trains, track and stations that are part of Transport for London‟s railway, including the London Underground, London Overground and Docklands Light Railway networks. The Byelaws need to be observed by everyone to ensure ease of travel and safety on the railway system.
ENFORCEMENT
22. Name and address
(1) Any person reasonably suspected by an authorised person of breaching or attempting to breach any of the Byelaws shall give his name and address when requested to do so by an authorised person.
(2) The authorised person requesting details under Byelaw 22(1) shall state the nature of the suspected breach of the Byelaws in general terms at the time of the request.
"compulsory ticket area" means any part of the railway identified by a notice stating that no person may enter there without being in possession of a valid ticket;
. Although there is no penalty for a violation of Byelaw 17, it does allow for the person simply to be removed from Railway property (and as it happens, a person in this position has a horrible tendency to make a fuss which quickly puts them at hazard of committing one of the other Railway Byelaws, or a Public Order offence, both of which can be prosecuted!).24. Enforcement
(1) Offence and level of fines
Any person who breaches any of these Byelaws commits an offence and, with the exception of Byelaw 17, may be liable for each such offence to a penalty not exceeding level 3 on the standard scale.
10. (1) Where a person has been charged a penalty fare in respect of his failure to produce a ticket or other authority when required to do so pursuant to regulation 3, and, arising from that failure, proceedings are brought against that person in respect of any of the offences specified inparagraph (2), that person shall cease to be liable to pay the penalty fare which he has been charged, and . . . .
Can London Underground prosecutors prosecute anyone in a Network Rail Station (Barking Station to be precise) using Byelaw 17(1) of the Transport for London Railway Byelaws?
That you on [date] did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17(1) of the Transport for London Railway Byelaws Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962.
Information laid by:
Prosecutions Manager
London Underground
2nd Floor, East Wing
63-81 Pelham Street
South Kensington
London SW7 2NU
...
I believe that you have asked the same questions on another forum
I am not surprised to see that you have got the same answers on here.
Then I suggest, if the hearing is in a matter of days, you contact an experienced solicitor to represent you. There is nothing we on here can do.
It follows from all the above facts that there is one possible permutation of those facts which could lead to an unlawful prosecution. That might arise if a Railway Officer who was not employed by TfL (and therefore not constrained by TfL policy) was to consider prosecuting a TfL Byelaw 17 offence in a CTA where the Railway (Penalty Fares) Regulations also apply.
I have been advised that this is a picture of the validator that was used. Perhaps it might provide some understanding as to what was there.
As per my post above, the penalty fare scheme of c2c, which manages Barking, states that it does not have any Compulsory Ticket Areas.
The question is not about penalty fare in this case but prosecution under TfL.Well the £80 PF notice suggests that TfL penalty fares apply as they are the only ones at that rate. All other TOCs charge £20 or twice the single fare to the next station.
I think I find the comments of island helpful.
If there is a picture of the 'entry' side to the ticket gates then that would be helpful too in judging whether Barking is a Compulsory Ticket Area or not. The photos on Stations Made Difficult on the National Rail website are too blurry.
So she used a Freedom pass that did not belong to her?
I wonder why you are reluctant to provide any details of the case. People who are genuinely seeking help would be doing all they can to help others help them.
Oyster Conditions of Use on National Rail services dated 19 June 2013
3.4 Yellow card readers
When you touch your Oyster card flat on the yellow card reader a green light, accompanied by one beep (more than two beeps for 5-10 and 11-15 Oyster photocards) means that it has been accepted for travel. A red light, accompanied by two beeps, means your Oyster card has been rejected. You must not go further until either your Oyster card has been accepted for travel or you have paid separately for your journey.
When a yellow card reader displays an amber light, this means that it is ready to check your Oyster card. When a yellow card reader displays a red light or no light at all, this means that it is not working. If this is the case, you must use another yellow card reader that is working.
I think I was being restrictive to get the best help from forumers based on the prosecution case against her. Usage of an Oyster Card is defined below.
I think I was being restrictive to get the best help from forumers based on the prosecution case against her.
Well the £80 PF notice suggests that TfL penalty fares apply as they are the only ones at that rate. All other TOCs charge £20 or twice the single fare to the next station.
The question is not about penalty fare in this case but prosecution under TfL.
From the evidence posted in this thread it would appear as though your attempt to find a legal loophole has quite a slim, if any, chance of succeeding. It may not be too late to mitigate the outcome by admitting liability and remorse. If you do wish to continue to establish a technical error then I urge you to obtain professional legal advice.
Penalty Fare Appeals Policy v4 28 January 2013
A Penalty Fare Notice is issued when a passenger travelling on a TfL service fails to produce on demand a valid authority to travel when required to do so by an authorised person.
Penalty Fare Notices are issued in lieu of taking criminal prosecution following fare evasion in circumstances where the offender is considered not to have deliberately set out to avoid the fare due. An individual suspected of deliberate fare evasion risks prosecution which may result in criminal conviction, a fine of up to £1,000 and in some cases imprisonment.