tim (back at home) wrote:
"BBK" wrote in message
...

My flatmate used my annual travelcard (paper ticket) on the tube
recently and got inspected by the mob that board the tubes. As he
didn't have a photocard & they decided it wasn't his ticket - my ticket
was confiscated and he is waiting to hear about a fine for fraudulent
use! They said they'd send my ticket back to Southern Trains (the
issuers) and I'd have to contact them about getting it back!

Southern have now finally said they've passed my details onto the
Independent Fares and Penalty Services (still don't have the ticket
back yet) and it's likely I'll get a fine too - even though I didn't
know he had used it that day! I can't get hold of these people except
by writing to them and we're both left in the dark and moreover they
have my ticket still!

My question is I doubt I can do anything about the imminent fines for


Of course you can.

The fine will be a criminal charge,
If you stand up and say the the guy took the ticket
without permission you will get off and they will
throw the book at him.

Obviously don't do that if it's not true.

CPS charging practice is he

http://cps.gov.uk/legal/section9/cha...l#_Toc44579898

It says the Regulation of Railways Act 1889 s5 is used to prosecute fare
evaders. But surely that does not apply to you since you were not
actually travelling on the railway. And it would probably be a private
prosecution, not by the CPS.

If you gave permission for your card to be used, it looks like you have
breached TFL and railway bylaws 21(2) and 22(2):

http://www.tfl.gov.uk/tube/company/bylaws.asp
http://www.dft.gov.uk/stellent/group...ays_504364.pdf

If your only loss from this is your annual ticket you should probably
consider yourself lucky.

If you want more advice, uk.legal.moderated/uk.railway might be a better
place. Or a solicitor.
--
Michael Hoffman