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Smoking at train stations
8 Answers
Hi guys
In a moment of madness, I lit a cigarette on a platform and was caught by the train company's enforcement officers. They took my details and sent me on my way. That was in July and todayI had a letter through the post from the Prosecutions Unit, based at Liverpool Street station, asking me to confirm who I am, having been approached by enforcement officers on the 15th July.
I called National Express to ask how much the penalty was but they didn't know that a penalty notice was sent to me.
I tried calling the telephone number on the letter (not on headed paper i might add) but no answer and just a voice recording asking to leave my number.
Does anyone know what the penalty charge is for smoking on a train platform and also has anyone been caught and had a similar letter?
Many thanks
In a moment of madness, I lit a cigarette on a platform and was caught by the train company's enforcement officers. They took my details and sent me on my way. That was in July and todayI had a letter through the post from the Prosecutions Unit, based at Liverpool Street station, asking me to confirm who I am, having been approached by enforcement officers on the 15th July.
I called National Express to ask how much the penalty was but they didn't know that a penalty notice was sent to me.
I tried calling the telephone number on the letter (not on headed paper i might add) but no answer and just a voice recording asking to leave my number.
Does anyone know what the penalty charge is for smoking on a train platform and also has anyone been caught and had a similar letter?
Many thanks
Answers
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Don't know what the penalty is but I do know it is illegal to smoke on station platforms.
I was stuck on a train at Lancaster station for three hours and we were informed at first that we were NOT permitted to smoke on the platform. When it was announced we would be there for three hours, it was announced that they had spoken to station management and we were allowed to smoke at the part of the platform that was not covered.
I was stuck on a train at Lancaster station for three hours and we were informed at first that we were NOT permitted to smoke on the platform. When it was announced we would be there for three hours, it was announced that they had spoken to station management and we were allowed to smoke at the part of the platform that was not covered.
Before you go any further, I would find out if they have to give you notice of their intentions to fine you within a given time in the same way that the police have to give you notice that they will prosecute you if you were caught by a speed camera.
Many people consider that 28 days is considered a reasonable time in law (hence you often see on mail order offers, "Please allow 28 days for delivery").
You could argue that they have not contacted you within a reasonable time and therefore they cannot proceed. Tell them that the onus is on them to prove that they have contacted you within a reasonable time.
See how you proceed from there. Or you could just simply refuse to confirm who you are instead :)
Many people consider that 28 days is considered a reasonable time in law (hence you often see on mail order offers, "Please allow 28 days for delivery").
You could argue that they have not contacted you within a reasonable time and therefore they cannot proceed. Tell them that the onus is on them to prove that they have contacted you within a reasonable time.
See how you proceed from there. Or you could just simply refuse to confirm who you are instead :)
Bylaw 20
20. No person shall smoke or carry a lighted pipe, cigar or cigarette in any lift or vehicle or elsewhere upon the railway, where smoking is expressly prohibited by the Board by a notice exhibited in a conspicuous position in such lift or vehicle or upon or near such other part of the railway or if requested by an authorised person not to do so in or upon any part of the railway where smoking or carrying a lighted pipe, cigar or cigarette may be dangerous.
So its only illegal to smoke 'near' a no smoking sign. Discuss
20. No person shall smoke or carry a lighted pipe, cigar or cigarette in any lift or vehicle or elsewhere upon the railway, where smoking is expressly prohibited by the Board by a notice exhibited in a conspicuous position in such lift or vehicle or upon or near such other part of the railway or if requested by an authorised person not to do so in or upon any part of the railway where smoking or carrying a lighted pipe, cigar or cigarette may be dangerous.
So its only illegal to smoke 'near' a no smoking sign. Discuss
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