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Pricing of out of court settlements and costs involved in persuing fare evasion cases

Titfield

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I used to work for a Scottish airline (with a call centre in Paisley) and we took over a route which operated between the Midlands and the Channel Islands from another airline.

Many problems ensued when you had those with strong accents trying to communicate with each other.
 
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Camsus

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I would imagine that TOC's may have invested significant sums in the systems they use to detect fraud on their network. Potentially in the hundreds of thousands of pounds. It's not just the staff costs they will be looking to recover, but also the costs of the systems and equipment they use. Whether they overcharge is another argument, but it's not simply a case of charging for however many hours someone has worked on a case
 

Tetchytyke

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I would imagine that TOC's may have invested significant sums in the systems they use to detect fraud on their network
I'm sure they have, but that is a cost of business. That investment would still have been made even if, subsequently, it turns out that all their customers are as honest as the day is long and they didn't catch another fare evader all day long.
 

Gonzoiku

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Funny how so many 'signed' communications from corporate sources seem to come from someone with a 'sensible', nondescript, somewhat middle-class name. When the person who actually pressed 'print' on the multiple template letters-of-demand sent out during that shift was just as likely to be called Rajiv Khan or Bozena Cieslinski.

(Incidentally, anyone remember telly ads back in the day inviting people wanting more information to write to "Mr. T. V. Bond, Douglas, I.O.M"? I think it was for holiday brochures back then - not tax-efficient financial products! Was there ever a real Mr. T. V. Bond?)
You remind me of a pet food ad on the TV many years ago, with the scientific rationale for it being nutritionally perfect delivered by an actress in a white lab coat given the title Dr Sandra Zinga (or similar). A couple of years later a new boy joined the team at work. Name of Zinga. Oh, says I, unusual name, reminds me of [the TV ad]. Ah, says he, yes, that's my wife, she is a researcher at [world's largest petfood company].

Oops!

GZ

Yes, but while the CPS can claim costs back, the police (who put most of the work in) don't see a penny.


Not applicable in most cases.
PoCA has extremely wide applicability!

GZ
 

RyanOPlasty

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A speed awareness course is more like a Penalty Fare - it has a fixed price and a fixed loss of time and it is statutorially defined what it entails. It is not like an arbitrary financial settlement.

A Fixed Penalty Notice for speeding (fixed fine + 3 points) is also in a way like a Penalty Fare, for what it's worth.

The key is that these are tightly regulated what they are and what sort of sums they entail.

If a speeding offence is challenged by a driver who knows himself to be innocent, the costs and potential penalties if unsuccessful are such that it is safer to accept an awareness course or fixed penalty if offered.

I always ensure I have a valid ticket, but reading these forums makes me worried about travelling by train. If I lose ( or have stolen ) my wallet, phone or ticket it seems that I would be unlikely to be treated leniently.

Always offering a penalty fare on the first occasion would provide a relatively cheap alternative to going through an appeals process or prosecution.

The First fixed penalty should be capped at say £50 with subsequent penalties increasing substantially.
 

Haywain

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If a speeding offence is challenged by a driver who knows himself to be innocent, the costs and potential penalties if unsuccessful are such that it is safer to accept an awareness course or fixed penalty if offered.
Sadly, the nature of our legal system is that you will very, very rarely be able to recover the cost of defending yourself against a charge for a crime you haven't committed even if it leads to a lengthy trial with the potential of a lengthy prison sentence if found guilty. In the cases we see here, most are for people who would be found guilty in court and we try to lead them to the cheapest conclusion but there are some cases where they may be able to avoid conviction on a technicality but at greater expense than a settlement.
 

Fawkes Cat

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I always ensure I have a valid ticket, but reading these forums makes me worried about travelling by train. If I lose ( or have stolen ) my wallet, phone or ticket it seems that I would be unlikely to be treated leniently.
This isn't an original thought, but it's perhaps worth bearing in mind that people who post here looking for help are the people who have run into problems. People who have had no problems don't post here: people who have had problems which have been resolved by the railwayperson telling them not to worry about it very rarely post here.

So the view we get here isn't entirely representative of what passengers actually experience every day. It's rather like looking at the 'speeding tickets received' forum of DrivingUKForums* and concluding that most motorists are pulled over and ticketed every day on British roads.

*No, I've no idea if this really exists.
 

Krokodil

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So the view we get here isn't entirely representative of what passengers actually experience every day. It's rather like looking at the 'speeding tickets received' forum of DrivingUKForums* and concluding that most motorists are pulled over and ticketed every day on British roads.

*No, I've no idea if this really exists.
This seems to fit the bill:
 

bingleybong

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I'm sure they have, but that is a cost of business. That investment would still have been made even if, subsequently, it turns out that all their customers are as honest as the day is long and they didn't catch another fare evader all day long.
Not in my book it is a cost of dishonesty and the dishonest should contribute.
 

bingleybong

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But they wouldn’t need the significant cost of the back office dealing with cases.
Exactly, basic ticket checks, gates and so on are part of the cost for everyone, RPIs, back office, prosecutors etc are only needed for the dishonest. I think the real objection here is people being allowed to pay 1000s to get out of fraud charges, not paying £150 becuse they got caught doing low level evasion that would cost the public purse far more to prosecute.
 

SteveM70

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But they wouldn’t need the significant cost of the back office dealing with cases.

Without going too Kafkaesque, not needing the back office stuff is only the case if the railway absolutely knows there are no dishonest people, not just if they haven’t found any.
 

Bletchleyite

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Exactly, basic ticket checks, gates and so on are part of the cost for everyone, RPIs, back office, prosecutors etc are only needed for the dishones

If people were honest you'd not need gatelines. It'd be enough for guards just to do it (in non DOO areas) between safety related duties. Indeed that's how it basically was outside London in the 90s.

Without going too Kafkaesque, not needing the back office stuff is only the case if the railway absolutely knows there are no dishonest people, not just if they haven’t found any.

Or if there aren't enough to be worth bothering about.
 

Tetchytyke

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I think the real objection here is people being allowed to pay 1000s to get out of fraud charges, not paying £150 becuse they got caught doing low level evasion that would cost the public purse far more to prosecute.
My objections are to both.

Allowing someone to buy their way out of a £43,000 fraud charge is morally and ethically wrong.

Allowing TOCs to charge exorbitant, arbritrary, and wholly unjustifiable fees just because they can is equally morally and ethically wrong. And, actually, I'd say that engaging the SJIP for such trivial amounts is an abuse of the courts.

In any other setting a £2 matter wouldn't be prosecuted as it wouldn't be in the public interest to do so, and I struggle to see why the railways should be anything special. It is worth noting that the fare evasion in the case that sparked this thread was about £3.

I also firmly believe that the Penalty Fare system exists for a reason- and the penalty element of that has only just been increased to £50/£100.

If people were honest you'd not need gatelines. It'd be enough for guards just to do it (in non DOO areas) between safety related duties. Indeed that's how it basically was outside London in the 90s.
Back in the 90s the friendly guard would walk down the train and sell you a ticket from his little hand-held machine. He'd get a bit of commission, the railway got their revenue, you'd get your ticket, happy days for all. And- here's the thing- people would be less able to 'forget' their railcard or 'accidentally' buy a child ticket, because the guard would query it when he was selling you the ticket.

Maybe I'm just showing my age, but automation has actively encouraged the current attitude to fare evasion to flourish. Instead of buying your ticket from a person, you buy it from a machine. Instead of having your ticket checked by a person, it is checked by a machine. The biggest disincentive to low-level evasion has always been having to look someone in the eye to do it. Instead we have machines everywhere. Doughnutting is rampant now because you'll be checked by a machine at each end of your journey but you'll never normally interact with a real person during your journey. It's the same in the shops, where all the tills are automated yet the shops are amazed- AMAZED- that people ring a bag of expensive formula milk through as a potato.

But if you try and buy a ticket on the train now then, apparently, you're an evil dishonest fare evader and you deserve to be extorted. I'll be honest- I'm not buying it.
 
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SteveM70

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Allowing someone to buy their way out of a £43,000 fraud charge is morally and ethically wrong

Agreed.

And I presume, to make it worse, the investigation costs element ended up being a tiny fraction of the total, rather than 95% as we sometimes see
 

bingleybong

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Maybe I'm biased but I think most of the 'it was just a couple of quid' evaders are doing it all the time. In the days when paying the guard was the norm so was not paying at all, indeed where I lived in the 90s paying for local jouneys was difficult because the guard rarely got round and there were neither ticket machines nor offices. The topic has changed a bit - the original is it reasonable to charge £150 for costs has morphed into should the system be properly organized with set costs escalating where the lesson is not learnt and an upper limit (in both number of events and amount) above which a fraud prosecution should be obligatory. I would 100% do the latter but lots of people who did small amounts a lot but were not caught for a long time would get much harsher outcomes than now.

An off topic example I was a witness in the prosecution of a petty theif- we could prove from CCTV that she stole £50 from a charity but we had good (but not enough for court) evidence that she had £1000s from two charities, and she was a trustee of one of them. Because it was a charity the CPS ran with it and we got the £50 back on conviction but the costs she had to pay were far less than the true cost of making it stick never mind the amount she had nicked (though she had fairly expensive representation that hopefully hurt). These sort of people rich or poor need to feel some sort of heat.
 
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farleigh

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Maybe I'm biased but I think most of the 'it was just a couple of quid' evaders are doing it all the time. In the days when paying the guard was the norm so was not paying at all, indeed where I lived in the 90s paying for local jouneys was difficult because the guard rarely got round and there were neither ticket machines nor offices. The topic has changed a bit - the original is it reasonable to charge £150 for costs has morphed into should the system be properly organized with set costs escalating where the lesson is not learnt and an upper limit (in both number of events and amount) above which a fraud prosecution should be obligatory. I would 100% do the latter but lots of people who did small amounts a lot but were not caught for a long time would get much harsher outcomes than now.

An off topic example I was a witness in the prosecution of a petty theif- we could prove from CCTV that she stole £50 from a charity but we had good (but not enough for court) evidence that she had £1000s from two charities, and she was a trustee of one of them. Because it was a charity the CPS ran with it and we got the £50 back on conviction but the costs she had to pay were far less than the true cost of making it stick never mind the amount she had nicked (though she had fairly expensive representation that hopefully hurt). These sort of people rich or poor need to feel some sort of heat.
Just out of interest - did you used to pay when there was no guard or machines etc or did you ever leave without paying your fare?
 

Krokodil

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Just out of interest - did you used to pay when there was no guard or machines etc or did you ever leave without paying your fare?
How could you? The only way to pay for a ticket in those days was to hand the cash over to a human. So if you've boarded a train at an unstaffed station and the guard doesn't come through then you've had no opportunity. Of course if you are particularly public-spirited you would actively seek out the guard, you certainly wouldn't deliberately board at the front of the train to improve your chances of being missed.
 

farleigh

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How could you? The only way to pay for a ticket in those days was to hand the cash over to a human. So if you've boarded a train at an unstaffed station and the guard doesn't come through then you've had no opportunity. Of course if you are particularly public-spirited you would actively seek out the guard, you certainly wouldn't deliberately board at the front of the train to improve your chances of being missed.
I was just interested. Was it not a strict liability offence to board without a ticket in the 90s?

Apologies for my lack of knowledge.
 

Krokodil

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I was just interested. Was it not a strict liability offence to board without a ticket in the 90s?
Not where you've not had the opportunity to pay. Paytrains were introduced in the late 1960s, and of course some lines (often operating railmotors) had the guard selling tickets long before that.

Even today if you board at a station with no Booking Office/TVM/PERTIS or anything that accepts the method of payment you intend to use (cash for example) then you're not committing an offence.
 

farleigh

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Not where you've not had the opportunity to pay. Paytrains were introduced in the late 1960s, and of course some lines (often operating railmotors) had the guard selling tickets long before that.

Even today if you board at a station with no Booking Office/TVM/PERTIS or anything that accepts the method of payment you intend to use (cash for example) then you're not committing an offence.
Thanks for that - appreciated. I was about in the 90s but did not understand all of that.

Obscure point but is it allowed to travel and board with a chequebook if there is no booking office?

Seems strange (to me) that people get worked up about people not paying now and advocating heavy penalties when it was acceptable to travel for free not such a long time ago.

Maybe that is why people are surprised when they are faced with prosecution for something that was acceptable within their lifetime?
 

Brissle Girl

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Obscure point but is it allowed to travel and board with a chequebook if there is no booking office?
No, cheques haven’t been an acceptable form of payment for many years, since the cheque guarantee limit was abolished. (Except for season tickets with a company cheque).
 

Krokodil

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when it was acceptable to travel for free not such a long time ago.
It wasn't. Then as now, if you board at a station with no facilities you had and still have the right to buy onboard. What has changed is that far fewer stations have no facilities, thanks to the development of TVMs, so the "there was no where to buy at the station" doesn't wash like it once did.

What has also changed is smart ticketing. Purchases made online have reduced the workload of the Conductor and hence made it easier for them to work through to the front, so more people get charged. It has conversely opened up new opportunities for fraud. In the past you might lie about where you got on* , but you couldn't easily buy one ticket to get through the first set of barriers, and another to exit at the end. The Disputes & Prosecution section is testament to the fact that many are getting caught doing that. Reusing Open Return tickets is another thing. It has always happened, particularly after barriers were removed so tickets didn't get binned when you exited. PRTs and e-Tickets of course don't get binned whether there's a barrier or not. In the past, enforcement was reliant upon exit barriers and staff stamping tickets, something complicated by breaks of journey. However smart ticketing has made it so much easier to detect fraud, those Aztec codes can bring up the full history of the ticket.

*Still get that:
"Where did you get on?"
"The last stop"
"Where did you really get on" (an advantage of doing both doors and revenue is that you can watch who boards)
"[Barriered interchange station]"
"How did you get through the barriers?"
"They let me through, they said I could pay at the end"
"Would you like me to phone up to check that?"
"All right, I came from [station further away]"

If he'd been honest in the first place I'd have been more inclined to issue the best value ticket. Instead it's an undiscounted Anytime Single.
 

furlong

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I was just interested. Was it not a strict liability offence to board without a ticket in the 90s?
Technically yes, but back then there was no financial penalty attached to a breach, I think for the historical reasons below - and so prosecution served no purpose. (I continue to fail to understand how the current versions of this byelaw have avoided similar challenges.)

Here's one old discussion explaining why railway byelaws could not lawfully remove the requirement of 'intent to defraud':

Encyclopedia of the Laws of England

A railway or tramway company will not be intra vires in framing bylaws imposing penalties with respect to the production of tickets and the like in the absence of any intent to defraud. So a passenger who travelled accidentally beyond the station to which he had paid his fare cannot be compelled by a bylaw to pay from the starting-point unless the company can prove an intent to defraud. And a bylaw providing that a passenger shall be guilty of an offence who leaves a tramcar without paying his fare, no fare having been demanded, is ultra vires as being against the general law and is also unreasonable.

And more commentary (from 'JUDICIAL CONTROL OF DELEGATED LEGISLATION : THE TEST OF REASONABLENESS', 1973)

The leading case was Dearden v. Townsend where Cockburn C.J., after pointing out that the Railways Clauses Consolidation Act 1845 made a fraudulent intention the gist of the offence, went on to say that if a company made a by-law constituting the same offence without the ingredient of intent to defraud, that would amount to altering an enactment and would be repugnant to the statute. In Bentham v. Zioyle (1878) a railway by-law was in fact held invalid on this ground, and the same result was reached in London and Brighton Ry . v. Watson (1878): in the latter case the by-law provided that any person found travelling without a ticket should be required to pay the full fare from the station whence the train started to his destination; Coleridge C.J. held the by-law void on the ground of repugnancy following Dearden v. Townsend, and went on to add that it was unreasonable.
 

Deafdoggie

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What has also changed is smart ticketing. Purchases made online have reduced the workload of the Conductor and hence made it easier for them to work through to the front,
Although it has made some guards lazier. With fewer fares to collect a lot simply don't bother at all (London Northwestern looking at you) ticket sales must imply many full trains are, in fact, empty.
 

bingleybong

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How could you? The only way to pay for a ticket in those days was to hand the cash over to a human. So if you've boarded a train at an unstaffed station and the guard doesn't come through then you've had no opportunity. Of course if you are particularly public-spirited you would actively seek out the guard, you certainly wouldn't deliberately board at the front of the train to improve your chances of being missed.
Loads of times I either could not pay or paid on the way back, I've also had free rides you would not expect (memorably St Pancras to St Albans early one morning where the ticket office was shut, there were no machines back then and the guard was not a conductor who said 'you will have a free ride' and the other end was pretty much deserted). It was also common here in Kent to only pay whatever you put in the PTT machine because the guard could not get through 12 coaches. You can't be expected to pay if no reasonable opportunity was given but nowadays there is little excuse most of the time.
 

Bletchleyite

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Loads of times I either could not pay or paid on the way back, I've also had free rides you would not expect (memorably St Pancras to St Albans early one morning where the ticket office was shut, there were no machines back then and the guard was not a conductor who said 'you will have a free ride' and the other end was pretty much deserted). It was also common here in Kent to only pay whatever you put in the PTT machine because the guard could not get through 12 coaches. You can't be expected to pay if no reasonable opportunity was given but nowadays there is little excuse most of the time.

Did anyone ever put more than a single 5p coin in a PERTIS machine?

The main reason for these was to prove where you came from, and the main reason for the charge was so the local chavs didn't hold the button down and dump the whole roll of tickets on the floor. Northern have achieved the latter with their analogous Promise to Pay tickets by making the process of obtaining them too involved for someone to do loads at once.

No doubt they hoped people would put the full fare in, but I bet hardly anyone ever did.

Although it has made some guards lazier. With fewer fares to collect a lot simply don't bother at all (London Northwestern looking at you) ticket sales must imply many full trains are, in fact, empty.

Though paying commission for scans is improving this.
 
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Did anyone ever put more than a single 5p coin in a PERTIS machine?

The main reason for these was to prove where you came from, and the main reason for the charge was so the local chavs didn't hold the button down and dump the whole roll of tickets on the floor. Northern have achieved the latter with their analogous Promise to Pay tickets by making the process of obtaining them too involved for someone to do loads at once.

No doubt they hoped people would put the full fare in, but I bet hardly anyone ever did.

When I first started travelling on the train (from Lichfield Trent Valley) there was a Pertis machine on the Birmingham-bound platform, and I would always put in the full fare to Birmingham when I had to use it. I think maybe there was a poster saying you should put in as close to the fare as you could manage?
 

Bletchleyite

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