http://www.third-perspective.co.uk/2004/05/29/more-train-hassles/ A Diary of Sorts Wed, 07 Jan 2009 12:22:37 +0000 http://wordpress.org/?v=2.0.5 http://www.third-perspective.co.uk/2004/05/29/more-train-hassles/#comment-101 Thu, 01 Jan 1970 01:00:00 +0000 http://www.third-perspective.co.uk/2004/05/29/more-train-hassles/#comment-101 With my basic law knowledge I am sure that if you offer to make a payment before they have asked you for payment you cannot be fined. They opperate under the principle that if you haven't paid correctly then you are commiting theft, however, for the rules of theft to apply they have to prove two things (1) that you had the mens rea - the intention and motivation to do the action and that you had in a way planned the exicution of the crime and (2) actus reas - whereby you committed the action in accordance with the mens rea. You appear to have gone to them with an offer of payment and a declaration of the error thereby cancelling the first point which is the mens rea. If you had stood your ground refused to pay the fine but physically managed to give the RPO the extra money owing then you would have completed the contract of terms and he would have had to let to go, faliure to do so would have constituted an unlawful arrest because you had the ability and the will to pay. There are probably points of my argument that they can fine a loop hole in but if it had of been me I would have waited till they called the Police because I'm always up for a verbal fight! With my basic law knowledge I am sure that if you offer to make a payment before they have asked you for payment you cannot be fined. They opperate under the principle that if you haven’t paid correctly then you are commiting theft, however, for the rules of theft to apply they have to prove two things (1) that you had the mens rea - the intention and motivation to do the action and that you had in a way planned the exicution of the crime and (2) actus reas - whereby you committed the action in accordance with the mens rea. You appear to have gone to them with an offer of payment and a declaration of the error thereby cancelling the first point which is the mens rea. If you had stood your ground refused to pay the fine but physically managed to give the RPO the extra money owing then you would have completed the contract of terms and he would have had to let to go, faliure to do so would have constituted an unlawful arrest because you had the ability and the will to pay. There are probably points of my argument that they can fine a loop hole in but if it had of been me I would have waited till they called the Police because I’m always up for a verbal fight!

]]> http://www.third-perspective.co.uk/2004/05/29/more-train-hassles/#comment-102 Thu, 01 Jan 1970 01:00:00 +0000 http://www.third-perspective.co.uk/2004/05/29/more-train-hassles/#comment-102 I agree with you completely but their argument is that they have signs before you enter platforms that say it is an offence to board a train without the correct ticket. It isn't really the fine I'm bothered about but the way he treated me made me feel like a criminal whereas in the same situation before on several occasions his colleagues had just taken the payment. It's not like they don't get enough out of me already!!! I agree with you completely but their argument is that they have signs before you enter platforms that say it is an offence to board a train without the correct ticket. It isn’t really the fine I’m bothered about but the way he treated me made me feel like a criminal whereas in the same situation before on several occasions his colleagues had just taken the payment. It’s not like they don’t get enough out of me already!!!

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