06 Jan 2017

A question about : I lent out my railcard and got fined. Who should pay?

NB: This question was sent in by a MoneySaver and featured in this week's email.

This week's MoneySaver who wants advice asks... I loaned my rail pass to my flatmate recently as I was staying in for the evening. He was supposed to put it back in my bag when he got in but he forgot. The next day I hopped on the train without thinking about it and was approached by a ticket inspector. It was only then I realised I didn’t have it and I was fined Ј40. Who should pay the fine?

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Best answers:

  • You pay the fine.
    Leaving aside the fact that you acted fraudulently, just being stupid enough to get on public transport without first checking you have your ticket with you, means you pay the fine.
  • Yep, as said, you did the crime, you pay the fine.
  • You pay the fine, for being a twit.
  • Well, only a court can issue a fine, so you weren't fined. But if you tell them you lent your railcard to your friend, that is enough evidence for them to prosecute you for fraud, when you can be fined and receive a criminal record. So you got off lightly.
  • Unfort for you, if you travel, you need the appropriate ticket/discount card. Always check before traveling.
    However... your friend should have put it back in your bag so, if nothing else, they owe you a beer.
  • If you hadn't done the crime you wouldn't have been fined, don't do it again, you could both end up with a criminal record.
  • You should have checked you had your ticket before you got on the train. That is your own fault.
    You shouldn't have lent it to your friend in the first place,but you should have checked he'd put it back .
  • The fact that this question even needs to be asked suggests that the claim/blame culture in our country is getting out of hand! Why is it that more and more people feel that they are not not responsible for their own actions.
    In case that isn't clear, I think you should pay the fine but more importantly use it at a lesson and don't think that anyone else should be responsible for your actions.
  • Not a direct answer to the original post.....but,travelling on a bus recently an old dear got on, and told the driver that she couldn't find her pass...he made her pay...and her language made even me blush
    The general consensus was that the driver was right!!...she got on knowing she hadn't got her pass.
  • You should
  • Well not having your card with you because you didn't get it back from your friend, was not really any different to you leaving it on a sideboard, or in a coat pocket.
    You forgot to make sure you had it with you when you needed to use it - so you pay.
  • Not getting into the whole fraudulent thing, I think everyone has lent a friend their travel card from time to time...You did your friend a favour, your friend didn't hold up their side by returning your card...yeah you should have checked but they should have returned it.
    If your friend was any kind of friend they would offer to pay the fine as they benefitted, didn't hold up their end of the agreement and the result was a fine.
  • Doh! just remember the phrase "not transferrable"!
  • I really can't believe you ask this question. You defraud the transport company, then board without the card then expect someone else to pay your penalty. Which world do you live in?
  • You were very lucky that the card wasn't checked whilst he was using it, if was you would have lost your card.
  • You deserve it all - the fine and possibly more that you got away without.
  • You were both in the wrong, but you were in wrong twice (lending your pass and not checking you had it before travelling) whereas your friend was only once (forgetting to give it back to you) so you should pay. However if I was your friend I'd feel partly responsible and offer to pay part of the fine.
  • Naughtiness aside, sounds like you got a pretty mean ticket inspector - I've seen similar things happen and the person is just made to buy a day ticket (or a full priced ticket if rail pass = discount card). In my opinion you'd then be quite within your rights to ask your friend to reimburse you the difference, as by not returning it to you they were the reason you had to shell out for a full price or new ticket.
    However, the penalty is for boarding a train without a ticket, which is your responsibility for not checking - maybe ask your friend to contribute some (half? the cost of a day ticket, as above?) but expect that they may refuse.
  • You pay the penalty fare. It's the same as you forgetting to put it in the bag- you should have checked. It's your duty to board the train with the correct ticket, and that is what the penalty is for after all. If I were the friend I'd buy you a drink but wouldn't offer anything towards the fine, though I'd feel a little bad for you.
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