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Author Topic: Barrister Peter Barnett 'may have cost Chiltern Railways ^23k in unpaid fares'  (Read 21268 times)
JayMac
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« Reply #15 on: October 01, 2015, 00:16:41 »

I'd like to know what action, if any, the Bar Standards Board have taken.

His punishment in court seems about right taking into account what appears to be excellent advocacy in defence. That's my assessment based on the legal process, not what I think he should have got by way of sentence.

The greater long term punishment though should be meted out by the Bar Standards Board. A barrister with a criminal conviction...?
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ChrisB
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« Reply #16 on: October 01, 2015, 08:09:52 »

Now sentence has been passed, I'm sure they will now call him for a hearing
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ChrisB
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« Reply #17 on: October 01, 2015, 08:35:10 »

More in the Telegraph....

http://www.telegraph.co.uk/news/uknews/road-and-rail-transport/11901663/Britains-biggest-fare-dodger-asks-to-pay-back-a-third-of-penalty.html

Seems as though the judge/Recorder has struck out the NRCoC (National Rail Conditions of Carriage) rule of the way the daily penalty is the single fare for each day you scive the fare. Season costs are considered to be the actual loss going forward
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Tim
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« Reply #18 on: October 01, 2015, 09:17:47 »

He will have dodged weekly (or longer) seasons, so that is the calculation they need to do - with a fine on top. That current calculation is based on the daily dodge, which of course he is unlikely to have purchased in paying his way.


The prosecution's view is that an offence is committed each time and that the cost of a ticket each day is the loss to the TOC (Train Operating Company). That seems reasonable to me. The fact is he chose not to purchase a season ticket offering a discount over the daily rate, so on each day he travelled the TOC's loss was the difference between the fare paid and the full fare payable.

He was ordered to pay back the lower ^6000 amount (ie the cost of weekly seasons) because the Judge held that that was most likely the real loss to the railway.  That to me seems perfectly reasonable.  The order to pay compensation is not intended to be punishment (that is what his sentence addressed.  The ^6000 was not a fine but an order for compensation)  but to put the parties back on the footing that they would have been on had the offences not been committed.

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John R
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« Reply #19 on: October 01, 2015, 13:31:58 »

Yes, I noticed that, and it's in contrast to the previous well documented case, although that of course didn't go to court.
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TaplowGreen
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« Reply #20 on: October 01, 2015, 14:19:08 »

Now sentence has been passed, I'm sure they will now call him for a hearing

......do you think he will travel to it by train?  Wink
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