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Old October 27th 09, 05:56 PM posted to alt.travel.uk.air,rec.travel.europe,uk.transport.london
Buddenbrooks Buddenbrooks is offline
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"Roland Perry" wrote in message
...
In message , at 06:18:51 on Tue, 27 Oct 2009,
Buddenbrooks remarked:
Similarly there will not be a law just saying 'It is an offence to board a
train without a valid ticket'


You probably need to read the relevant Transport Act.


I have and any court action will be under the Railways Act 1889, penalty
fines are under the Railways (Penalty Fares) Regulations 1994 and, The
Railways Act 1993 and Transport Act 2000. The modern acts make it legal for
the companies to fine a passenger, but the fine cannot be enforced. In which
case a prosecution can proceed under the 1889 act. The only enforcement the
rail company may do is demand a valid name and address and should they have
reasonable grounds to believe the information is false they may detain the
individual pending a member of the Transport Police.

A prosecution under the 1889 act requires proof that the passenger intended
to travel without paying, not having a ticket is insufficient where it is
possible to purchase a ticket from the conductor and have means to pay.


The following is one of the clauses defing an offence under the 1889 act:

travelling/attempting to travel on a railway without having previously paid
the fare and with intent to avoid payment thereof;

Note the key word 'intent'