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I’ve really messed up and am worried sick

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ashkeba

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Yeah it’ll show a person being stopped and spoken to. And how do they get his details from looking at his face on a screen?
They get the details from the Trainline. If the person whose details they get says it wasn't them, they compare that persons face with the CCTV one. This does not seem to me difficult to predict.

No, it's the exemption available under Schedule 2, Part 1, Paragraph 2 of the Data Protection Act 2018 that enables Trainline to share the personal data with the TOCs. There is no need for an agreement between them and the data subject's consent is irrelevant.
It is not needed but they have it anyway. Belt and braced.

I think that Act is the UK implementation of GDPR. I did not refer to it because the claim was GDPR block it. It does not.
 
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They said that I should send them an email with my account of events which I will be doing over the weekend and seeing if there’s any way this can be settled without court.
Some of the forum elders might check this email for you.

Also, from the forum rules
  • Be careful not to post anything incriminating or personally identifying
 

AlterEgo

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They get the details from the Trainline. If the person whose details they get says it wasn't them, they compare that persons face with the CCTV one. This does not seem to me difficult to predict.
How do they know what Mr John Smith of 23 Acacia Avenue looks like from his Trainline account? Or any of the data they hold about him?
 

ashkeba

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How do they know what Mr John Smith of 23 Acacia Avenue looks like from his Trainline account? Or any of the data they hold about him?
In the extreme, they require that person to present himself to the court and attest that he is that person. I do not think that you can refuse to answer that on the ground that it will incriminate you!
 

AlterEgo

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In the extreme, they require that person to present himself to the court and attest that he is that person. I do not think that you can refuse to answer that on the ground that it will incriminate you!
That’s not how being prosecuted works, you can’t just get someone’s details, charge them with a criminal offence with no reasonable suspicion, and see if the person who turns up looks like a grainy CCTV image. You have to ascertain if they look like the CCTV image first, which is impossible for the reasons I already laid out.
 

LucyP

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Precisely AlterEgo. I've never met a forum where people are so frightened of a process, or so willing to promote self-incrimination. The CCTV will long have been over-written, assuming that it was even working. It is also extremely unlikely that the Revenue Protection person can remember the OP unless there was something incredibly distinctive about him. If he was David Beckham, maybe, but an ordinary person? How many people does a Revenue Protection person meet in a day? What would stand out about this case? Could you pick out the bus driver from last week? The train guard from 2 weeks ago? The person in the supermarket who told you which aisle the beans are in? I couldn't. That's why most photofits issued by the police look nothing like the actual suspect.
 

MotCO

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The OP came to this forum seeking advice. The advice given falls into two camps:
  1. He gave the wrong personal details so the chances of being identified and caught are remote. However, if he is identified, the outcome will be worse.
  2. He owns up and takes it on the chin.
It depends on the OPs conscience and willingness to accept risk, and he has chosen the latter option. In my view it is the better (and more honourable) thing to do, and I'm sure the forum will support him in getting an acceptable outcome.
 

AlterEgo

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  1. He gave the wrong personal details so the chances of being identified and caught are remote. However, if he is identified, the outcome will be worse.
How will it be worse? Northern settle basically all the time, even when false details are given. Nobody has been able to recall the company prosecuting anyone after they engage with paperwork which arrives, nor any sort of inflated settlement fee for telling lies at the outset.
  1. He owns up and takes it on the chin.
It depends on the OPs conscience and willingness to accept risk
I don’t agree that, given what we know about Northern, that there is greater risk in simply telling no lies but waiting for the correspondence to arrive.
and he has chosen the latter option. In my view it is the better (and more honourable) thing to do, and I'm sure the forum will support him in getting an acceptable outcome.
Owning up to one pound and fifty pee not paid on the basis of anonymous people on the internet’s advice is not honourable. It is silly. Not one of us could claim to have a perfect conscience for £1.50 (I falsely claimed a student discount in the Vatican once and saved four Euro!) and none of us are going to suddenly start walking ourselves into situations where we get prosecuted.
 

jon0844

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It isn't just about £1.50 of course, but I do agree that the OP doesn't have to do anything and can just sit back and hope nothing happens. Given the admittance of doing it many times, it's clearly a more serious offence so I can see why someone would consider doing just that - especially if they're being told that a RPI wouldn't make a note of the person they just dealt with (a bit different than trying to remember random people they had no dealing with), the CCTV probably isn't working (or terrible quality) and other things (like GDPR preventing the sharing of information about the person who bought the tickets).

Of course it isn't those people potentially getting into trouble.
 

ashkeba

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That’s not how being prosecuted works, you can’t just get someone’s details, charge them with a criminal offence with no reasonable suspicion, and see if the person who turns up looks like a grainy CCTV image.
I am confident that buying the ticket seen by the inspector and then not identifying anyone else looking like the image will be accepted as reasonable suspicion for prosecution.
 

AlterEgo

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I am confident that buying the ticket seen by the inspector and then not identifying anyone else looking like the image will be accepted as reasonable suspicion for prosecution.
How do they know what the OP looks like? That’s not how this works.
 

Brissle Girl

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In spite of what others say on here, unless the OP saved his card on the site for future use, Trainline will not have retained his card details. Even if they have, they cannot release the data without a Court Order because it would be a breach of the GDPR to do so, because there is no law enforcement process instigated against the OP, because the railway company do not know who he is. It would be tantamount to assisting in a fishing expedition, which is not permitted. Furthermore, that data only proves whose card was used to purchase the ticket. It does not prove who purchased the ticket, and most importantly who was actually using the ticket to travel on the train. It would not therefore be justified to release the data, even it they have it. And even if it did and the data was released, the card holder is under no obligation to say who they bought the ticket for, even if they know. I might buy lots of tickets for lots of friends often. I might travel with one group on one weekend and another on another. I buy all the tickets and they refund me the money. I might not even remember who I travelled with on a particular date and who I bought the tickets for.

People on this site just believe that they know the law and the reality and too easily give up. That is why people without money just plead guilty to road traffic offences, whereas the footballers and celebrities hire the Nick (Mr Loophole) Freeman, and do not give up without a fight, because they can afford his fees and understand his track record.

It is for any prosecution to a prove a case beyond reasonable doubt, i.e. so that the court are sure. And in a case of a £1.50, where the railway company has no idea of who committed the offence, and have no reasonable prospect of finding out who it was and where the cost and difficulty exceeds the money at stake, this matter cannot be taken forward.

The Trainline T&C under privacy says:

We may also share your personal data with travel operators to prevent and detect fraud against either you, Trainline or the travel operator.

So I'm really not sure why you claim that it cannot or will not share data with the relevant TOC. Given the amount of fraudulent travel, I would imagine that there is a small team at Trainline whose day job it is to work with those investigating it. It will be a business as usual activity to match up and provide the relevant details.
 

Trailway

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I find this an interesting part of an interesting forum and have finally registered to ask a question about the circumstances described in this thread because I think the discussion could possibly be useful for future readers.

I believe one poster has already raised the point that failing to provide the correct details could be a separate offence in itself and, if so, I guess it is one that (in my layman’s opinion) could potentially have more serious future ramifications for a person than more ‘simple’ fare evasion.

So, if it is indeed the case that the OP has committed an offence by providing incorrect details, to posters that have suggested/advised that he/she might be best to simply brass it out I would like to ask what your follow-on advice would be should the OP then receive correspondence indicating an intention to prosecute for that very offence. Based on opinions above it appears more likely than not that it would be trivially easy for the TOC to get the OP’s details from Trainline, and it also sounds likely that the app purchasing history would give reasonable grounds to suspect the OP of committing the offence. For example, the only time another person has ever purchased a train ticket for me is when I have been travelling with that person for non-routine leisure purposes and I think the number of people that repeatedly buy routine journey tickets (with or without railcard discounts but especially with) for other people and then forward them on is likely to be negligible. Accordingly, with regard to one suggested line of argument about people randomly buying numerous tickets for different groups of different people, is it not possible that the purchase history could have somewhat more weight than suggested?
 
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ashkeba

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How do they know what the OP looks like? That’s not how this works.
They visit and say "are you X?" Unless the OP is willing to refuse their identity to routine callers at their door, which I found few did when I did door-to-door work, then it will be fairly easy to discover what they look like.
 

Elecman

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They visit and say "are you X?" Unless the OP is willing to refuse their identity to routine callers at their door, which I found few did when I did door-to-door work, then it will be fairly easy to discover what they look like.
If some random person turned up at my door asking if I’m MrX they would get told to F Off and the door slammed in thier face
 

AlterEgo

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They visit and say "are you X?" Unless the OP is willing to refuse their identity to routine callers at their door, which I found few did when I did door-to-door work, then it will be fairly easy to discover what they look like.
So the train company goes and knocks on your door and asks who you are, right. Then what? They take pictures of you? And submit it to the court? Why not just hire a private investigator for the £1.50 avoided? I’m interested in how you think this works, because it’s not how this sort of thing works.

It was certainly a while ago but this article also suggests that Northern Rail might be willing to prosecute for a lot less than £1.50. Moreover, it appears that the action of trying to correct a mistake ‘as soon as possible’ might have very much helped the defendant to overcome a charge relating to providing a false address.

The OP lied and gave someone else’s name and address, not their correct name but their old address by accident, which is materially different.

Incidentally, for those of us who have been around a while, this case and a few others around the same time marked the turning point for Northern to prosecute cases like this far less often as it wasted everyone’s time.
 

Trailway

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So the train company goes and knocks on your door and asks who you are, right. Then what? They take pictures of you? And submit it to the court? Why not just hire a private investigator for the £1.50 avoided? I’m interested in how you think this works, because it’s not how this sort of thing works.


The OP lied and gave someone else’s name and address, not their correct name but their old address by accident, which is materially different.

Incidentally, for those of us who have been around a while, this case and a few others around the same time marked the turning point for Northern to prosecute cases like this far less often as it wasted everyone’s time.
Certainly agree that the specific circumstances differ but I believe the OP contended that giving the wrong details was a drunken error of judgement, in which case I still wonder if trying to correct the mistake as soon as possible could be argued to be to their credit.

If Northern is forced to first, wrongfully pursue the innocent, mis-identified bystander then is it not possible that the act of knowingly wasting the TOC’s time and effort could increase the cost of any settlement offered to the OP?
 

nanstallon

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It was certainly a while ago but this article also suggests that Northern Rail might be willing to prosecute for a lot less than £1.50. Moreover, it appears that the action of trying to correct a mistake ‘as soon as possible’ might have very much helped the defendant to overcome a charge relating to providing a false address.

Good to see a bit of common sense being applied by the court.
 

30907

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Good to see a bit of common sense being applied by the court.
....though the magistrates' reasoning was faulty (assuming it was a Byelaw offence, intent is irrelevant). (Ignore - it was RoRA)
Note the date of 2006.
 
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AlterEgo

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Certainly agree that the specific circumstances differ but I believe the OP contended that giving the wrong details was a drunken error of judgement, in which case I still wonder if trying to correct the mistake as soon as possible could be argued to be to their credit.

If Northern is forced to first, wrongfully pursue the innocent, mis-identified bystander then is it not possible that the act of knowingly wasting the TOC’s time and effort could increase the cost of any settlement offered to the OP?
Northern settle for pretty much a standard fee, which isn’t really related to their actual costs as much as we might like to think.
 

Elecman

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You must be a joy for couriers to deliver to!
why would they need to ask my name they are just delivering a package to my address and I would be epecting it anyway, someone randomly turning up empty handed asking for me to confirm my name gets the response I said earlier, I am under no obligation to confirm my nam3at m6 own address
 

Horizon22

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why would they need to ask my name they are just delivering a package to my address and I would be epecting it anyway, someone randomly turning up empty handed asking for me to confirm my name gets the response I said earlier, I am under no obligation to confirm my nam3at m6 own address

Many companies confirm who they are speaking to as required (like you would on any phone call with a company that they have made as an inbound). Also various other reasons (elections canvassing, council activities, utilities etc.) with no ulterior motives.
 

island

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....though the magistrates' reasoning was faulty (assuming it was a Byelaw offence, intent is irrelevant). Note the date of 2006.
Your underlined assumption is wrong; it was a RRA offence.
 

Trailway

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Northern settle for pretty much a standard fee, which isn’t really related to their actual costs as much as we might like to think.

So is it essentially guaranteed that if two people commit exactly the same fare offence but only one lies about their details (and is subsequently traced by virtue of electronic data), that Northern would nevertheless seek the same level of settlement from both?

Have there been any reports of settlement levels of people known to have lied and traced via app data that could help serve as a point of comparison?

It also doesn’t appear as if Northern have completely stopped prosecuting people since 2006
https://www.manchestereveningnews.c...ws/northern-rail-hauled-dozens-train-14743068
https://www.chesterstandard.co.uk/n...warns-will-prosecute-persistent-fare-dodgers/
and, while it certainly sounds as if court is a last resort, it isn’t clear to me how/if lying to them and not proactively resolving the situation might influence the process.

My view is that it is likely straightforward to trace the OP from e-ticket related data and so it is likely to happen. There is then still a risk Northern could prosecute (since it is not unheard of), in which case taking steps to correct the lie rather than continuing to try and avoid responsibility could be beneficial for the OP. Further, it doesn’t sound as if it’s impossible that any settlement the OP is ultimately offered could be reduced by taking responsibility and engaging with Northern (I would be more surprised if Northern were to not react negatively to a continued lie).

It’s just an opinion but, on balance, I think the OP is more likely to benefit and less likely to lose out by proactively owning-up and so I think he/she has been sensible and pragmatic in doing so (not to mention the ‘softer’ benefits of reducing stress/worry and not causing trouble for the friend….).
 

WesternLancer

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I falsely claimed a student discount in the Vatican once and saved four Euro!)
But the call on that comes with the barrier stage at the pearly gates, not the station ticket line gates.

Wholly different appeals process applies I think :lol:

But hopefully no input from TIL.
 
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