Railway Operators can transfer rights to other people/companies and make them "authorised persons" to enforce the Byelaws. That is a simple fact. The railways are fairly unique because of the Byelaws. Think you will find a few if you google. http://www.google.co.uk/search?sourceid=chrome&ie=UTF-8&q=byelaw+14 http://imageshack.us/photo/my-images/810/parkingpenaltynotice.jpg/ There's 3 people with Byelaw 14 criminal summonses found within a few minutes of searching... The thing about Byelaw 14 is that it can make anything to do with ignoring a sign an offence. e.g. If a TOC puts up a sign that says "PINK COLOURED CARS ONLY", and a blue car parks up, then a criminal offence has been committed.

You need to be careful. If the TOC owns the land, and subsequently hires in a parking company to deal with parking issues, the railway byelaws would apply as NCP etc would be deemed as "authorized persons". An "authorised person" can be an agent of an operator, or indeed any other person that an operator authorises. (Byelaw 25) There is nothing to stop NCP from issuing their "invoice", then informing the Train Operator it remains unpaid and then allowing the TOC to commence Byelaw proceedings. I'm unsure why you are unaware of this because it has happened on Merseyside since 2002! The only difference is Merseyrail use Carlisle Security instead of NCP. See this thread! http://www.pepipoo.com/forums/lofiversion/index.php/t61659-0.html

You really need to read up on Byelaws. Section 219 of the Transport Act 2000 (As ammended) creates the legal basis for the Railway Byelaws. Breaching a railway byelaw is a strict liability criminal offence and will land you in Magistrate's Court if pursued. Byelaw 14 specifically relates to Parking and contravention and can result in a hefty fine and conviction if breached. Merseyrail Electrics (amongst other TOCs) prosecutes offenders regularly for a variety of offences, mainly 6(8), although as already stated, 14(2)ii has also been successfully prosecuted. Indeed, the Car Parking Penalty tickets state on the reverse the potential for prosecution under the Byelaws if the Penalty is unpaid. Carlisle Security is used primarily for Byelaw Enforcement on the Merseyrail network and are deemed as "authorised persons" within the meanings of the byelaws. Whilst you can tell people to ignore things issued at railway stations, the advice assumes it is a "speculative invoice" and not a breach of a byelaw. If the "invoice" is not paid, the TOC or their agent has every legal right to withdraw the invoice and (successfully) prosecute at a Magistrate's Court, with Level 3 fines as the maximum financial penalty. Byelaws can be found here http://www.southwesttrains.co.uk/uploads/nationalrailwaybyelaws.pdf

@Timmothy86: You clearly don't see any error in your ways and are ignoring good, supported advice from forum members. Bottom line is - if you think you are innocent, plead not guilty, have a trial and see how it turns out for you. Railway Law dates back to the 1800s in parts, and I can guarantee if they take you to court, they fully expect (or know that they are going) to win.

With respect, a Penalty Fare has not been issued. An MG11 report will have been file, indicating criminal proceedings could be instigated. There is additionally no "onus" on the TOC to prove deception/intent. Railway Byelaws are strict liability offences, if you breach one, you're normally automatically guilty. You should probably review your post as it confuses this thread.

Transport Investigations will manage the case on behalf of XC. Waiting game initially. You know you've screwed up and could have serious consequences, but it's happened now, you just have to put it to the back of your mind and wait for the letter to arrive. You will be invited to give your version of events and your thoughts on the matter. When you get the letter, report back here to the forum and I'm very sure we'll be able to provide some support for you here. Just bear in mind you have committed a criminal offence, and, if this is the first time, ensure it is your last. Whilst the intention to prosecute letter is being prepared, start putting a bit of money aside to cover a fine/out of court settlement. Whether you signed/didn't sign the notes is all irrelevant really, unless you told lies... and any untruths are promptly proven! So don't worry, you appear to have been honest. Just wait.... Incidentally, (meant for those who know the industry) this "out of court settlement - OCS)" advice may well backfire one day on every party. If more and more people learn that an OCS is their punishment, people will treat it like an expensive Penalty Fare and take the risk, thus, fare evasion rates increase, paperwork increases, more staff needed on the ground and office based - bad for the TOC. The TOC then has to stop offering settlements as a result, getting more people into court - bad for the consumers/court system.

The reason I suggested £50 was partly to the fact that the TOC/Prosecutor will probably be able to see that the OP purchased a ticket for the journey, albeit discounted with a railcard that is only invalid because of it's appearance. If the railcard is in date, belongs to the OP and otherwise valid except for the poor condition of the railcard, the ticket would normally have been valid and accepted without question. Although a strict breach of Byelaw 18 has occurred, I think a TOC may be sympathetic to an apology letter in this case, and a reasonable sum to cover their administrative work, which I suggest £50 for. However, if your account is not correct, and the date/name/photocard etc was NOT clearly visible then you will need to be honest with us to advise you further. Avoid the racism thing if you do write an apology. Black or white, you still didn't have a valid ticket. If I put a £50 note in the washing machine and later tried to use it, do you think I would get very far in the corner shop? I doubt it. If I sent it to the Bank of England, they would send me a replacement, so long as the £50 was still legible. The railway are the same, you can't use a dilapidated railcard, but they allow you a replacement, so long as the original railcard is legible, or you have a receipt. If you can provide proof that an employee said you can travel on that railcard then I suspect a court/TOC will accept a Byelaw 18(3)iii defence. However, you will need precise dates/times/locations/descriptions of the employee. You may even need to summons the employee to appear in court and then question him/her. They may deny all knowledge of your situation, they may genuinely not remember you, or it could work your way and they do remember you. That said, I take Byelaw 18(3)iii to refer to each separate occasion of travel, rather than just "generally".

Hi Thanks for the responses. The payment cleared my unauthorised overdraft, but still left me overdrawn by £100 or so, although no bank penalties/charges apply unless I exceed £250 so this isn't too bad really. I've since stopped using the account and they've not contacted me for a while. My employer isn't being very specific over this, simply stating that it needs to be "recovered" ASAP. I was considering writing a grievance against the Finance Dept for the distress caused by this, and then suggesting that I repay a nominal amount each week, so that it is paid off over the course of 1 year as my financial situation is delicate. Would I be able to charge my employers, or seek a reduction in amount owed, for the additional administrative work I have done, like pleading with Halifax to return the funds etc? Incidentally, if they insist on taking more than I can afford per week/pay period etc, can I refuse to pay and seek a court order which will take into account my circumstances and ability to pay?

They go by the letter of the law. There is no money to be made in prosecuting someone. The compensation offered by the court is just the fare payable. The fine goes to the government. There is a lot of paperwork, manpower and preparation for cases like this. There is no defence to a strict liability Byelaw offence. Any self respecting TOC would not drop a case because the defendant says "they told me I could use it". Unless you can provide verification of such statement, I will assume you are in breach of Byelaw 18. Transport Investigations Limited will usually take an out of court settlement.

Staff have no authority to waive/alter/amend the Conditions of Carriage. (Section 59). I'd further bet money that the defendant would be unable to prove it anyway.

Unfortunately, by your own account, you are guilty of breaching Byelaw 18(1) and 18(2), an offence that the Train Operator is able to prosecute you for, with a conviction rate that must go over 90%. National Rail Conditions of Carriage Section 23 states that damaged tickets are not valid for use/travel. By travelling, you were breaching Condition 23, which made your ticket invalid, and subsequently puts you in breach of Byelaw 18. Furthermore, regardless of what any member of staff has advised you, Condition 59 means no employee can waive these conditions. However, if the railcard was still in date, and you can evidence that, send it to them with an apology letter and a cheque for around £50, which should avert legal action.

Bottom line is very clear: The offence you have committed is failing to show a ticket, when asked for it. You had no ticket on your person to show. It is insignificant that you had a ticket at home, being unable to produce it there and then is a criminal offence. As you were unable to show such ticket, the offence is complete. You have no defence, no matter how much mitigation you offer, you are still guilty and the result of committing a criminal offence is that you find yourself at the mercy of the court and you must take heed of their judgement. The £20 you think is a "fine" is actually a Penalty Fare. It is just a higher than normal railway fare. It is discretionary whether these are issued by an Inspector, however most often, if the Inspector doesn't believe the story he's been told, he will go straight to MG11/TIR. Additionally, had you of provided your correct name and address the report would have been discontinued. You have put yourself in this position, and unfortunately you must suffer the consequences of your actions. If I was the prosecutor, then by you signing a stat dec, I could probably prove you provided an incorrect address, which is an additional offence. Not Guilty pleas really won't help you. Maximum fine is £1000 + record, which is rarely enforced for "guilty" pleas, however a not guilty plea has been entered, therefore you clearly don't believe you have committed an offence, so I anticipate the fine will more than likely exceed £500... judge's don't like defendants who don't see the error of their ways.

What "mitigating circumstances" could you provide to TfL to settle out of court? TfL are quite strict in this respect because they know they will win at court. As you may know the term "strict liability" you are no doubt aware that this is an open and shut "guilty" verdict from the Magistrates'. Very late for out of court settlement once the summons is issued, you need to be providing genuine mitigating circumstances to TfL here, and even then you could still be prosecuted. Shouldn't appear on a Basic CRB, but may well appear on an Enhanced CRB. Potential for fine to be imposed of Level 3/£1000, likely to be at least 50% of that. You should always declare ANY convictions, just in case they appear and you then look dishonest. Just don't do it again, and I suspect it won't affect your career much at all. However, as an aspiring lawyer, you could do to be more careful in many respects in life, especially with interviews (and tapping in/out!): "do you have the appropriate means to pay for your rail journey today?-yes (im pretty sure I answered no at the time but I was under great duress at the time so there it is)" Which could have landed you with a S5 Offence - Regulation of Railways Act 1889!

Almost a guaranteed conviction, if prosecuted for Byelaw 18(1) and 18(2). A fine of £1000 per offence is possible, but is very unlikely to exceed £500. Settling out of court is the only way forward here to avoid a conviction(s). Try and get them to make the first move with it though, ring them and ask for a cost. Expect to pay as much as £250, but as little as £100. If they don't offer an amount, send them an amount you feel is reasonable, by cheque, and see what happens. If they agree to settle out of court, usually: 1) You sign something to admit you are guilty 2) You pay their "administrative penalties" for dealing with the matter, (the amount specified) 3) No court action occurs / no criminal record 4) The Operator will keep a record and future breaches usually go straight to court Either way, a conviction for a byelaw offence shouldn't appear on a normal CRB check, but it may appear on an Enhanced CRB Disclosure. FYI, buying a "child rate ticket" from a self service machine when he is old enough to drive is almost bordering on "intent to avoid paying the fare" which fortunately isn't being pursued by the operator. That is a far more serious offence, that would have serious consequences but requires the operator to do more leg work in preparing the case. No judge would believe the excuse! You are very fourtunate that only Byelaw Offences are being mentioned/actioned.

Unfortunately, if the ticket office was open when at the station you commenced your journey, (or if a automatic machine was available), you have committed a criminal offence by boarding a train without a valid ticket. You are more than likely to be found guilty of breaching 2 x Railway Byelaws, in layman terms these are: 18(1) Travelling on a train without having a ticket (when facilities existed to purchase one) 18(2) Being unable to show a ticket to staff These are two separate offences, neither of which require "dishonest intent" to be proved . They are unlikely to appear on a basic disclosure, but may/will appear on an Enhanced CRB check. Both offences are only punishable in Magistrates Court by way of summons, and as stated: "Any person who breaches any of these Byelaws commits an offence and may be liable for each such offence to a penalty not exceeding level 3 on the standard scale." Level 3 is £1000, so 2 offences = max POSSIBLE fine of £2000. In reality, if it got to court, you're looking at £300-£500 fine per offence (for a guilty plea). Northern usually offer an out of court settlement for around £100-£250, so long as you have a reasonable attitude with their staff, (you admit you were sarcastic!!) and you have no previous history with them of doing this. Did you ignore a letter they sent you before being summonsed? If no letter received, your sarcasm no doubt led to this situation. If you want to defend yourself and plead not guilty, your chances off being found not guilty are seriously, seriously slim as it is so easy to prove. A "Section 5 Regulation of Railways Act 1889" offence could also have been committed, but it requires Northern to prove you intended to avoid paying the fare, (such as walking past staff at the barrier/ticket office without saying anything, having insufficient funds for the journey you made, refusing to pay the fare, refusing to provide details etc). It sounds like you know byelaws are being used instead though... My advice: Ring Northern one more time, ask if it is possible to settle out of court and explain how sorry you are. Failing that- Plead guilty, provide court proof of income/earnings, attend court in person, smartly dressed and be extremely remorseful. Oh, and no sarcasm! (As for the passenger charter, it clearly states: Tickets are available wherever there is a staffed ticket office or a suitable selfservice ticketing machine. Tickets for travel must be bought before your journey commences. This is a legal requirement. Where ticket facilities are not available, you will have the opportunity to purchase one on the train from the conductor. If you board a train without a ticket at a station where ticket facilities are available the conductor will sell you only the full single or return fare and you will not be entitled to any discounts or special terms which would otherwise apply. Where fraudulent travel is involved it is our policy to seek criminal prosecution. As part of our commitment to making sure that we provide the service you expect, we need to make sure that all our customers are paying the appropriate fare for the journey they are making. In addition to our on-train conductors we also deploy ticket inspectors who will make random checks of tickets. These staff are there to demonstrate to our fare-paying customers that we are doing everything possible to ensure others do not fail to pay. Where there is evidence of an intention to avoid payment we will seek criminal prosecution.)

Sorry, overlooked that. I would PERSONALLY plead guilty and try and mitigate the sentence. Pleading not guilty IMO will likely see the same sentence as originally imposed. I would imagine a solicitor will only add extra expense to you. I would say: 5(3a) - Get a solicitor Railway Byelaw - No solicitor

Although it is likely nothing will happen if you ignore, there is the added complication of a Railway Byelaw criminal prosecution being instigated. (Byelaw 14). Although my TOC employer manages the car parks themselves and then successfully prosecutes for violations, under 14(1) such as overnight parking etc, I can't be sure that whichever TOC manages the car park in question shares the same enforcement values.

Were you arrested by the Revenue Protection Inspector? 5(2) gives them the power of arrest for failing to have a ticket and not providing your (correct) details. I would be interested to know whether SWT do this, although it isn't really relevant. I don't think you will be charged with 5(3a) as well as 5(3c), because it is effectively the same offence, except in addition to not having a ticket, you provided false details, making it more serious than 5(3a). 5(3c) also does not require proof that there was any "intent" to avoid paying the fare. Unusual for 5(3c) to be used in my experience though. A 5(3a) offence is usually more typical, supplemented with Transport Act 2000, S219/ Byelaw 23 breach.

From what you have written, I would say that you were in breach of Byelaw 18, being unable to present a valid ticket. It appears as though you were offered a Penalty Fare notice (twice the single fare) which you can appeal, but you declined. I assume the inspector then just took your details and reported the offence? If you refused to accept a Penalty Fare, or if the inspector/court believed you deliberately tried to evade the fare, you may have been convicted of breaching 5(3) Regulation of Railways Act 1889. You need to do a Statutory Deceleration at your nearest court, declaring you were unaware of legal proceedings being issued against you.

Right, for starters: There is no Super Off Peak ticket available for Croydon Stns to Brighton. The tickets available are (deduct 34% for railcards): rte FCC ONLY 028 FCC (S/R) FDS S 21.00 FDR R 23.00 SDS S 14.00 SDR R 15.50 CDS B1 S 13.40 CDR B1 R 13.50 So Southern are correct that Super Off Peak tickets are not available from the machine as they don't exist in most retail systems. The fares above were taken from the FRPP Manual which lists available fares. I do note that National Rail do show a £10 Super Off Peak ticket route FCC Only, however this doesn't appear in the Fares Manuals. Southern will have looked the fares up in the same way I have, and found that the fare doesn't appear to exist. My conclusion is that this fare is therefore defined as "temporary or promotional" in which case impartial retailing rules specify that there is no requirement for other operators to sell the "offer", other than the one responsible for the product, (FCC). Did you go to the ticket office as East Croydon, or did you only try the machine? I would email FCC and ask them to define the availability of the ticket and explain the issue you have encountered.

Basically my employer paid in £1500 in February to a Halifax account that was seriously overdrawn. In December 2011, I had informed my employer that further payments should go into a different (Natwest) account (and details provided). Now, in January 2012, the payment went into the new and correct (Natwest) account. By this point Halifax had started to send me Debt Collection Letters on the overdrawn account/ default notices etc etc. However, my employer changed their payroll system and when it came to the February 2012 payment, they had used the old Halifax account details to pay my wages into due to an oversight in the HR Dept. As the account was in default, and overdrawn, the account obviously swallowed the payment, and as Halifax had withdrawn my account access anyway, the money was as good as lost. I informed my employer that they had paid into the wrong account due to an error on their part, and they agreed to make another payment to the correct account, which they did. It now appears that they have been unable to reverse payment to the Halifax account and are my employer is coming after me for the duplicate payment. What advice can you give me here? Am I liable for reimbursing my employer for their mistake? Does Halifax have to reverse a payment made in error? Thanks guys. (Incidentally, if anyone knows whether the £500 odd in unplanned overdraft charges made by Halifax is legal or not I'd be grateful to hear. £5 per day for being overdrawn).

Can I point out (as a newbie sorry) that this could turn into a more serious Railway Byelaw offence if it wasn't paid? Meteor is an authorised agent of Southeastern. Byelaw 14 is quite clear. (1) No person in charge of any motor vehicle, bicycle or other conveyance shall use it on any part of the railway in contravention of any traffic sign (2) No person in charge of any motor vehicle, bicycle or other conveyance shall leave or place it on any part of the railway: (i) in any manner or place where it may cause an obstruction or hindrance to an Operator or any person using the railway Could turn into a Court Date and fine.