Receiving a train fine that isn't yours

[Danny-Boy]

Write to Branson too, why not?

 

[34064 Fighter Command]

you seem to see a lot of these questions posted, do people no longer use the term "stick it up your fuckin arse"? It seemed to work a lot in the 'olden days' however a Birdham Road address did seem to help with regards to bailiffs and the like

Try that these days and you'll find a member of British Transport Police come on board to arrest you ...............

Seriously though, there are so many people these days trying to evade fares that the TOC's really have no option but to come down like a ton of bricks on fare dodgers. That's also why automatic ticket machines have been installed everywhere.

Personally I think Fare dodgers are scum and deserve to be caught , as they are to all intents stealing from us honest fare paying passengers by making us all pay more. If you can't afford to buy a ticket, you've no business to be on a train. You wouldn't expect a taxi driver to take you home and then scarper without paying.

 

[Ernest]

Try that these days and you'll find a member of British Transport Police come on board to arrest you ...............

Seriously though, there are so many people these days trying to evade fares that the TOC's really have no option but to come down like a ton of bricks on fare dodgers. That's also why automatic ticket machines have been installed everywhere.

Personally I think Fare dodgers are scum and deserve to be caught , as they are to all intents stealing from us honest fare paying passengers by making us all pay more. If you can't afford to buy a ticket, you've no business to be on a train. You wouldn't expect a taxi driver to take you home and then scarper without paying.

Well put, now it is a private company running a business they will do everything to make sure the revenue comes in

 

[34064 Fighter Command]

As an aside, they've actually spelt my last name wrong on the letter they've sent me, but only by one letter; and it was sent to my old address. Can this work in my favour at all?

And it's definitely not a scam letter.

Then whoever has moved into your old address is still receiving mail addressed to you ( and more worryingly is probably opening it too, which IS illeagal ). Maybe you should go round there and ring on the doorbell ?

 

[Manx Shearwater]

I know you've done nothing wrong, but if you can prove you were somewhere else at the time (and statements from witnesses are OK), your case will be much much stronger. However I would be putting the onus on them to prove it was you on the train.

 

[leigull]

Was it for the 29th October per chance?

 

[Dr. Notthenineo'clocknews]

Try that these days and you'll find a member of British Transport Police come on board to arrest you ...............

Seriously though, there are so many people these days trying to evade fares that the TOC's really have no option but to come down like a ton of bricks on fare dodgers. That's also why automatic ticket machines have been installed everywhere.

Personally I think Fare dodgers are scum and deserve to be caught , as they are to all intents stealing from us honest fare paying passengers by making us all pay more. If you can't afford to buy a ticket, you've no business to be on a train. You wouldn't expect a taxi driver to take you home and then scarper without paying.

I agree, my reference was to recieving a bill through the post for something you believe you shouldn't have to pay

 

[Ernest]

I know you've done nothing wrong, but if you can prove you were somewhere else at the time (and statements from witnesses are OK), your case will be much much stronger. However I would be putting the onus on them to prove it was you on the train.

Wrong advice, they don't have to prove you were on the train. This is not a parking fine but a legally entitled claim to which you can be arrested so you must play it by the book

 

[Manx Shearwater]

What exactly does the letter say? Does it mention any applicable legislation? Does it say what the consequences are should you fail to pay? (for example Magistrates Court? Small Claims Court? Debt Collector?).

 

[Manx Shearwater]

Wrong advice, they don't have to prove you were on the train. This is not a parking fine but a legally entitled claim to which you can be arrested so you must play it by the book

What legislation does this come under? I don't doubt you at all, I just want to go and look it up so I can get a better handle of what powers they are acting under.

 

[34064 Fighter Command]

I've looked on wikipedia and it's " The Regulation of Railways act 1889 " which entitles the train company to demand payment.

" If any person— .

(a)Travels or attempts to travel on a railway without having previously paid his fare, and with intent to avoid payment thereof; or .

(b)Having paid his fare for a certain distance, knowingly and wilfully proceeds by train beyond that distance without previously paying the additional fare for the additional distance, and with intent to avoid payment thereof; or .

(c)Having failed to pay his fare, gives in reply to a request by an officer of a railway company a false name or address, .

he shall be liable on summary conviction to a fine not exceeding [level 2 on the standard scale][level 3 on the standard scale]], or, in the case of a second or subsequent offence, either to a fine not exceeding [level 2 on the standard scale][level 3 on the standard scale], or in the discretion of the court to imprisonment for a term not exceeding [three months]. "

So it's an appearance in the Magistrates Court followed by a fine or up to 3 months in prison.......

 

[Ernest]

What legislation does this come under? I don't doubt you at all, I just want to go and look it up so I can get a better handle of what powers they are acting under.

See post 31, it's railway bylaws

 

[Manx Shearwater]

OK, found a case on CAG similar to this. Inspector training deems that they should note a description of the offender (height, hair colour, eye colour, etc.) and some ID, although the ID bit is optional and I suspect this rarely happens.

If you can write to the Train Operating Company and 'compare notes' as it were, and it becomes clear that they are dealing with two different people then the Train Operating Company would be foolish to pursue this to Mags Court.

My money would be on the Train Operating Co. asking for photocopy of passport ID or something similar, comparing the notes, coming to the conclusion that they are dealing with two different people and then dropping it.

Not sure if Ernest or others would agree with this.

 

[Ernest]

OK, found a case on CAG similar to this. Inspector training deems that they should note a description of the offender (height, hair colour, eye colour, etc.) and some ID, although the ID bit is optional and I suspect this rarely happens.

If you can write to the Train Operating Company and 'compare notes' as it were, and it becomes clear that they are dealing with two different people then the Train Operating Company would be foolish to pursue this to Mags Court.

My money would be on the Train Operating Co. asking for photocopy of passport ID or something similar, comparing the notes, coming to the conclusion that they are dealing with two different people and then dropping it.

Not sure if Ernest or others would agree with this.

Yes, that would be a part of a letter as the details and a basic description would have been taken as part of the original report

 

[Gwm]

What was their response to this?

I can't remember if the just wrote it off or sent an apology. Needless to say I didn't pay and all charges were cancelled

 

[34064 Fighter Command]

This just highlights how important it is to make sure ALL your mail is forwarded on when you change address - you can ask the Post Office to do this for you.

And invest in a shredder so that nothing with your name and address ends up in the refuse bin unless it's been well and truely rendered illegible.

Oh, and don't put all your personal details on Facebook, Friends Re-United, My Space or whatever, it's just asking for trouble.

 

[Vicar!]

On a similar note the parking section of Worthing Borough Coucil have issued over 20 seperate proceedings against an individual who has never lived at an address that I manage. I keep returning them and advising the council, but when I called I was told it was not their problem and there was nothing they could do.

 

[Mr Burns]

OK, found a case on CAG similar to this. Inspector training deems that they should note a description of the offender (height, hair colour, eye colour, etc.) and some ID, although the ID bit is optional and I suspect this rarely happens.

If you can write to the Train Operating Company and 'compare notes' as it were, and it becomes clear that they are dealing with two different people then the Train Operating Company would be foolish to pursue this to Mags Court.

My money would be on the Train Operating Co. asking for photocopy of passport ID or something similar, comparing the notes, coming to the conclusion that they are dealing with two different people and then dropping it.

Not sure if Ernest or others would agree with this.

I think the fact that the persons name was spelt incorrectly would mean the case be thrown out of court if it ever did get that far. Very very touchy on things like that are the courts. You can't be taken to court as a Mr Blogg if your name is Mr Bloggs.

 

[Mr Burns]

On a similar note the parking section of Worthing Borough Coucil have issued over 20 seperate proceedings against an individual who has never lived at an address that I manage. I keep returning them and advising the council, but when I called I was told it was not their problem and there was nothing they could do.

I keep getting demanding letters at home for people who used to live there. I started returning them as "gone away", then opened them (which is not illegal as some may think) and phoned them informing them that the addressee was no longer at the address. Had court summons the lot. I'll wait for the balfits to turn up and tell them to f*** off. There is only so much you can do.

 

[tgretton87]

Was it for the 29th October per chance?

He got on the Virgin train instead of a regular chugger LOL. I went up on a standard train and didnt realise I had booked Virgin train tickets so on the way back I had a word with the conductor who bumped the 3 of us up to first class on a Virgin train.

Best mode of transport I have ever been on.