So what
might happen - legally speaking?
When a passenger is requested
to 'by an officer of the railway' they must:
* produce a ticket showing that their fare is paid or
* pay the fare from the point of departure or
* give the officer or servant their name and address.
Failing to comply with the request means that the passenger
is liable on some conviction or a fine. If the passenger refuses
to give a name or an address they can be detained by the officer
until they can be brought before a justice (NB they have no
right to detain you to check if your name and address is correct).
There are some defences to the penalty
fare:
(1) That there were no facilities in operation for the sale
of the appropriate ticket to make the journey
(2) The requirements of rules in respect of the display of
notices were not satisfied, in accordance with the Railways
(penalty fares) Regulations 1994 Sl 1994/576
(3) A notice was displayed indicating that the person in question
was permitted to travel by, or be present on, the relevant
train without having a ticket.
When a person has been charged with a penalty fare they can
make a statement for the recovery of that penalty fare. The
operator then has to show that any of the facts described
on the statement are not true. The statement must state the
train on which the person was travelling, or the station they
were at before they boarded the train, if they did not board
the train, and whether any of the circumstances in which a
penalty fare should not be charged are applicable.
In practice, the guard may choose
to ignore you, or may take a name and address. The guard may
verify this by checking that the postcode matches the address,
and will then send you a penalty fare notice.
* You may choose to pay the penalty
fare, either out of your own pocket, or by asking others to
contribute to a 'fines fund'.
* You may refuse to pay. This may result in a court case.
If you would like people to come to court to support you then
write to: climatechaos1@yahoo.com
If you do not know any solicitors in your area, then contact
Mike Schwarz at Bindman & Partners for legal advice on 0207
833 4433; m.schwarz@bindmans.com;
275 Grays Inn Road, London WC1 8QF
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