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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70698
Experience:  Over 5 years in practice
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Hi, my son bought a ticket to travel on the railway and used

Resolved Question:

Hi, my son bought a ticket to travel on the railway and used it the day after it was expected to be. He checked with the ticket office at the journey start who told him it was fine to use the ticket as the journey had been paid for but not taken. At the other end of the journey he was informed that this was not the case. In the meantime he had moved to Asia where he now lives/works. Yesterday 6/11/14 I (his mother) got a next steps letter at my home address where my son is not registered and has never lived. It appears that in his absence and without his knowledge a court case has taken place and he has been convicted of traveling on the railway without a ticket. Should I just pay up on his behalf or should I dispute this? Neither of us had any idea what was going on until yesterday.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is he prepared to come back to fight the case?
What is his defence?
Customer: replied 3 years ago.
Sadly his partner died in an accident in April and he has been receiving mental health treatment in asia. I would be loathe to suggest he came back to uk to fight this. His defence is that he had paid for the journey (albeit for the day earlier) and he did check before traveling with the ticket office.
Expert:  Jo C. replied 3 years ago.
Does he deny that it wasn't sufficient to cover the journey?
Customer: replied 3 years ago.
He paid the full required fare. The dispute arose at the journey end where the ticket inspector informed him his ticket was not valid contrary to (his) colleagues advice. At this point Sam's details were taken. It was shortly after this he graduated and moved away.
Expert:  Jo C. replied 3 years ago.
OK.
So does he dispute that the ticket was not valid?
Customer: replied 3 years ago.
He knew the ticket was for the previous day but was given the go ahead from the ticket office to travel with it. It was another member of the railway who disputed the ticket offices advice and said the ticket wasn't valid, by which time he had already travelled. Being a student he didn't have the money, £60 I think, to buy another ticket. He wouldn't have travelled because he couldn't afford to if the journey start ticket office had told him it wasn't valid.
Expert:  Jo C. replied 3 years ago.
Thanks. That is all I need to know.
He will be summonsed under Reg 18 of the Railway Bye Law which just applies to travel without a valid ticket. There is no defence arising from the fact that he was told to travel. For that reason, this does not give him a defence.
Had he acted before the summons I would have suggested that he write to them apologising and explaining and then they might not have prosecuted him. However, they did.
Since he has already been convicted there really is no point in taking action now. He has no defence and would have to return to the UK to defend it anyway.
I am very sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 3 years ago.
Thats ok. It was my intention to pay the fine and sort it out but it was worth checking that legally he was in the wrong. On comparison to losing his partner this pales into insignificance so I'll just pay it.
Thanks
Expert:  Jo C. replied 3 years ago.
No problem and all the best.
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