Getting on a train late (or off early) and being fined

[trashbat]

Not anything to do with me personally, but I'm curious about the legal workings of something.

A person buys a Megatrain ticket from let's say Weymouth to London. It's a cheap, restrictive ticket for a particular train. The underlying contract is the National Rail Conditions of Carriage.

They get on this exact same train but at Dorchester, which is a stop later (in the right direction) than Weymouth. The inspector says their ticket isn't valid and makes them buy a new one.

My limited knowledge of contract law leads me to question how this works. There's no such thing as a penalty fine in English contract law, only damages. This is a little bit like the parking cases in which it turned out the defendant wasn't liable for any damages since no monetary figure could be put on occupying a free space for any length of time including longer than the sign allowed. Similarly I can't see what damage is done by this particular breach of contract - what does travelling for a shorter distance cost the train company? - and so I would have thought that calls into question the ticket's lack of validity.

And yet, apparently, it does happen: http://www.dailymail.co.uk/news/article-1315587/Pr...

What am I missing?

[trashbat]

On reflection, I can understand the whole 'not a fine' point. If you look at it as being an act that firstly is a fundamental breach of contract which relieves the train company of their obligations to carry you any further, AND simultaneously forms the acceptance of a new contract which was an agreement to pay the walk-up price, then it fits.

That does seem dubious though. The fundamental breach of contract bit is what puzzles me. Presumably the TOCs aren't in the business of suing people who buy a ticket and don't turn up to use their services. There can't be any damages. I suppose the 'Rule of Construction' depends on whether you intended to do something fradulent.

I'd also wonder if, with that in mind, you could even claim the second bit of the idea - I'd say there was no intention of entering into the later contract.

PS: The Regulation of Railways Act and similar are criminal, but seem to be based on punishing deliberate acts of fraud (theft?); everything else including penalty fares seems to be civil contract law

Edited by trashbat on Sunday 27th July 20:42

[trashbat]

elanfan said:

You need to read and understand the thread quoted above. You can receive a CRIMINAL conviction from what is a private company employing the ticket inspectors - there is NO not guilty plea possible as it is an absolute offence.

Ridiculous isn't it - please complain to your MP to repeal these archaic laws.

I did look at the first part of it. It looked to be about alleged fraud in that the TOC decided she was knowingly trying to con them out of part of the fare by buying a junior ticket. I don't see what you mean about no ability to plead not guilty, since she was to be summoned to court; maybe what you mean is there's no mitigation possible.

You could argue the same misrepresentation/fraud might apply here, but it seems a stretch.

Edited by trashbat on Sunday 27th July 21:11

[trashbat]

I did some further Googling (bored!) and I came across a reference to the thrilling-sounding Great Northern Railway Co v Winder.

Someone went on a cheap journey to Skegness (in 1892, I think) and got off the train early. Supposedly there was an attempted criminal prosecution and it failed, deciding it was a civil contract dispute. GNR then won that civil case, recovering the difference in fares.

I still can't see any evidence that a contemporary court would find against you for compelling a train company to temporarily lug around fresh air in lieu of your own mass.