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  1. DaveNewcastle

    received a letter from Prosecution Department

    It is very unwise to suggest to anyone seeking advice following an incident that the outcome might be the same as another person's outcome from a different incident. We don't know enough from kye_412's resport to tell whether the circumstances would be captured by the RoRA or by the Railway...
  2. DaveNewcastle

    Will it show on my CRB records if I end up convicted?

    Stealing a bag of crisps and fare evasion are both classed as 'crimes of dishonesty', and will be relevant considerations in assessing a person's suitability for a job which includes, e.g., cash handling.
  3. DaveNewcastle

    Late connection on Advance ticket at Manchester

    Where a service on a high frequency line is delayed, then it becomes quite probable that the passenger will be on the platform in time to take an earlier service than the delayed train (and thereby, if it runs to time, arrive at the destination earler than the service booked on the Advance...
  4. DaveNewcastle

    Scottish Electrification updates & discussion

    I would be very surprised if the response was anything other than a compliment for your intelligent planning! I was impressed and pleased to see that last night (a Saturday, when the last ECML southbound departure from Edinburgh leaves at 19:00), the last train south (an VTEC to Doncaster)...
  5. DaveNewcastle

    Couldn't find ticket, details taken but later found ticket. Any help?

    As najaB rightly said, you won't be given a custodial sentence for a first offence (and I assume that this, if it reaches a Conviction in Court, would be your first offence for a ticketing offence). The correct procedure is for the Company to investigate the incidents including asking you for...
  6. DaveNewcastle

    Titanic

    Four years ago, we had this discussion (in this thread about Titanic) :- The 17th June (this week) will be the 75th anniversary of the loss of the Lancastria - with a much bigger loss of life than Titanic and Lusitania together, and still the subject of silence by the UK government...
  7. DaveNewcastle

    Will it show on my CRB records if I end up convicted?

    For a conviction for a railway ticketing Offence to appear on a DBS check (f.k.a. CBS) it will normally involve the intention to deprive the railway of the fare due, where the passenger makes some action or some statement which is evidence of that intention. From your description on here, I see...
  8. DaveNewcastle

    Trains forced into emergency stop for men cutting down trees...

    Yes. That was one feature that I recognised straight away, but I'm sorry to see that some qualified and experienced tree surgeons have been felling and destroying habitats this spring, (contrary to the provisions of the 1981 Wildlife and Countryside Act). This is also the time of year to see...
  9. DaveNewcastle

    Grimsby train worker sacked, TPE South staff plan strike.

    Definitely! The relationship between the two is far more apparent than in the case of customers/ passengers/ trespassers, and any negligence by an employer will be captured b a raft of case law. It will cover many responsibilities, but there is also a raft of additional legislation...
  10. DaveNewcastle

    Grimsby train worker sacked, TPE South staff plan strike.

    For a helpful answer to this question, we could look at British Railways Board v Herrington (1972) AC 877 where the trespassers were injured while trespassing on railway property. In applying the law of Negligence, a Duty of Care plays an important part, and which is further sub-divided into...
  11. DaveNewcastle

    Told off by an inspector for using a combination of tickets

    The canon of Common Law is extremely helpful in providing answers to many questions which might otherwise be difficult to answer (as well as its other functions: providing a framework to inform citizens and bodies of actions which may be lawful and those which may be unlawful and a similar...
  12. DaveNewcastle

    How easy is it to get on the wrong train?

    I had to laugh the other day when a Grand Central service to London was slightly delayed and an East Coast service was sent through York just ahead of it and both on the same platform. Several pax with dedicated Grand Central tickets boarded the wrong train. The guard at first urged them to...
  13. DaveNewcastle

    Edinburgh Tram developments

    I like this observation: I haven't travelled on an Edinburgh tram yet, but I do recognise the reference to the characteristically erratic vertical properties of the Capital's roads.
  14. DaveNewcastle

    Fare Evasion 4 times

    Just to assist anyone following this thread with a concern arising from a conviction for fare evasion, that penalty would be enforced as a criminal fine to be paid into court.
  15. DaveNewcastle

    Told off by an inspector for using a combination of tickets

    On discussing split ticketing with an East Coast guard today, his view was summarised in his closing remark : "It's the only way!".
  16. DaveNewcastle

    Fare Evasion 4 times

    In England and Wales that is correct. A Sheriff Officer, the equivalent in Scotland, may use reasonable force if it is necessary to gain entry if the citizen is at home and is simply refusing to open the door (and if it is not a Sunday).
  17. DaveNewcastle

    Restrictions on altering Advance ticket

    I'm sorry that I'm unable to see why it is obvious that you would disagree with me. It's not unexpected, but neither is there any reason why it would be apparent. But anyway: I'm no longer clear whether I am debating a matter of law with you as the passenger or your 'solicitor friend' as a...
  18. DaveNewcastle

    Restrictions on altering Advance ticket

    Good luck with your challenge in the County Court! The tickets could have been changed, right up to the day of travel, by yourself or someone acting for you (such as your friendly solicitor, or simply a friend), by taking the tickets to a station whose ticket office had access to pre-booked...
  19. DaveNewcastle

    Announcement Hostility

    If there was to be a criticism of railforums, then I guess it would be that the number and the self-confidence of these 'lovers of complexity' has been enhanced by this forum and its activities. One recurring theme is to ridicule the word 'SIMPLE' with no apparent purpose other than to emphasise...
  20. DaveNewcastle

    Announcement Hostility

    I've made four Newcastle - London journeys this week (on VTEC) and heard a message similar to the one reported by starmill on each of them. The message didn't strike me in the least as 'hostile' or 'unwelcoming'. I actually encounterd 6 guards on these trips. Two of them included a very kindly...

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