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Advance Ticket Query

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Advance Ticket Query 18/04/2013 at 20:14 #43681
postal
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5190 posts
" said:
" said:

The National Rail Conditions of Carriage only state

"Before you travel you must have a ticket or other authority to travel which is valid for the train(s) you intend to use and for the journey you intend to make.
However if you don't have a ticket, the NRCOC might not actually apply to you, it would be a by-law offence that is committed.
If that is the case the remainder of the section which you have not quoted would have no purpose. As the remainder of the section is included, by implication that negates your point as the NRCOC make specific reference to the penalties which will apply if you board a train without a ticket. I presume that a by-law offence would arise if you attempted to travel without payment rather than boarding without a ticket and paying the full fare as shown in the NRCOC.

“In life, there is always someone out there, who won’t like you, for whatever reason, don’t let the insecurities in their lives affect yours.” – Rashida Rowe
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Advance Ticket Query 18/04/2013 at 21:31 #43685
Sacro
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1171 posts
" said:

I presume that a by-law offence would arise if you attempted to travel without payment rather than boarding without a ticket and paying the full fare as shown in the NRCOC.
Boarding without a ticket when there is opportunity to buy is the same as travelling without payment.

The 'pay train' days are gone (Hull Trains, Grand Central and Heathrow Express aside).

Last edited: 18/04/2013 at 21:33 by Sacro
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Advance Ticket Query 18/04/2013 at 22:19 #43686
clive
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2738 posts
" said:
IF you were to apply common sense* to the situation, the ticket provides passage an a particular train from point A to Point C. If someone boards the correct train at an intermediate point, they are actually overpaying on their ticket, as they are occupying the same agreed space, but for a shorter period of the journey, thereby not inconveniencing the TOC.

obviously common sense doesnt apply any more, and we have to get into a massive technical debate about it nowadays, but on a personal note I have done this plenty of times myself without issue, although thats no guarantee. (Probably becuase the conductors don't realise it's not allowed and just go along with it).
NCoC 16 paragraph 1 says that joining late or terminating early is allowed unless the conditions for the ticket type specifically forbid it (and if so it must be made clear to you). A ticket type that allows break of journey cannot forbid it.

Last edited: 18/04/2013 at 22:23 by clive
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Advance Ticket Query 18/04/2013 at 22:23 #43687
pbinnersley
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431 posts
" said:
" said:
" said:

The National Rail Conditions of Carriage only state

"Before you travel you must have a ticket or other authority to travel which is valid for the train(s) you intend to use and for the journey you intend to make.
However if you don't have a ticket, the NRCOC might not actually apply to you, it would be a by-law offence that is committed.
If that is the case the remainder of the section which you have not quoted would have no purpose. As the remainder of the section is included, by implication that negates your point as the NRCOC make specific reference to the penalties which will apply if you board a train without a ticket. I presume that a by-law offence would arise if you attempted to travel without payment rather than boarding without a ticket and paying the full fare as shown in the NRCOC.
Postal,

Your link is to the 2011 conditions of carriage, the current conditions of carriage are National Rail Conditions of Carriage (May 2012).

Interestingly they state:

Your rights – a summary
.....
You can:
• Travel between the stations, or within the zones, on or within the dates shown on your ticket.
• Start, break or resume your journey using trains on which your ticket is valid unless you are told about particular restrictions that apply to the use of your ticket. Note that you cannot break your journey except to change trains with Advance tickets.
.....


Interestingly they only restrict "breaking your journey" with an advance ticket, not starting late or finishing early.

Peter.

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Advance Ticket Query 19/04/2013 at 05:57 #43694
Peter Bennet
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5360 posts
" said:
" said:
" said:
" said:

The National Rail Conditions of Carriage only state

"Before you travel you must have a ticket or other authority to travel which is valid for the train(s) you intend to use and for the journey you intend to make.
However if you don't have a ticket, the NRCOC might not actually apply to you, it would be a by-law offence that is committed.
If that is the case the remainder of the section which you have not quoted would have no purpose. As the remainder of the section is included, by implication that negates your point as the NRCOC make specific reference to the penalties which will apply if you board a train without a ticket. I presume that a by-law offence would arise if you attempted to travel without payment rather than boarding without a ticket and paying the full fare as shown in the NRCOC.
Postal,

Your link is to the 2011 conditions of carriage, the current conditions of carriage are National Rail Conditions of Carriage (May 2012).

Interestingly they state:

Your rights – a summary
.....
You can:
• Travel between the stations, or within the zones, on or within the dates shown on your ticket.
• Start, break or resume your journey using trains on which your ticket is valid unless you are told about particular restrictions that apply to the use of your ticket. Note that you cannot break your journey except to change trains with Advance tickets.
.....


Interestingly they only restrict "breaking your journey" with an advance ticket, not starting late or finishing early.

Peter.
And para 16 says

16. Starting, breaking or ending a journey at intermediate stations
You may start, or break and resume, a journey (in either direction in the case of a return ticket) at any intermediate station, as long as the ticket you hold is valid for the trains you want to use. You may also end your journey (in either direction in the case of a return ticket) before the destination shown on the ticket. However, these rights may not apply to some types of tickets for which a break of journey is prohibited, in which case the Ticket Seller must make this clear when you buy your ticket. If you start, break and resume, or end your journey at an intermediate station when you are not entitled to do so, you will be liable to pay an excess fare. This excess fare will be the difference between the price paid for the ticket you hold and the price of the lowest priced ticket(s) available at a ticket office for immediate travel that would have entitled you to start, break and resume, or end your journey at that station on the service(s) you have used.


Perhaps I need to consider withdrawing my withdrawal at #14 above but then perhaps others need to re-consider some of their points.

Peter

I identify as half man half biscuit - crumbs!
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Advance Ticket Query 19/04/2013 at 08:15 #43696
Sacro
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1171 posts
pbinnersley said:
Interestingly they only restrict "breaking your journey" with an advance ticket, not starting late or finishing early.
That's just a clarification, the rules of the ticket are the ones you must follow
That being these rules

That follows NCoC 16 paragraph 1 by blocking all of them.

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Advance Ticket Query 19/04/2013 at 09:01 #43697
kbarber
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1712 posts
I see some learned friends are having a right old time of this (and the interpretations are precisely what I'd expect counsel to advance in the Court of Appeal as they slugged out the nicer points of law - perhaps it would make a good case for a mooting society, if university law departments still have those). However, this is a real-world situation and it'll be a real-world conductor trying to work out which particular condition of carriage/bylaw is relevant and apply it as quickly as he can while he works his way through the train.

On balance I'm inclined to think Peter Bennet has put his finger on it in post #44, although the actual figures may of course be different.

Should some jobsworth think this is worth a prosecution, I suspect the OP could use the fact of having asked this question on this forum as evidence that he had no intention to evade his fare; seeking to minimise liability by using every loophole that exists is not criminal (if it were there would be an awful lot of tax lawyers and millionaires filling our prisons even more than they already are).

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Advance Ticket Query 19/04/2013 at 17:06 #43711
GeoffM
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6282 posts
There have been a number of accusations and complaints (by email) about this thread, by multiple parties. The OP has a few suggestions of what to do so the combination of these factors suggests locking of this thread before anybody else gets heated up.
SimSig Boss
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The following users said thank you: jwsetford, Peter Bennet