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Hi, i couldn't find a sectionwhere this would fit into better so here goes...
Ok, i recieved in the post a £20 penalty charge from a train company for someone (not me) being caught without a ticket in.
What letter do i send this company to get them to go away and say this person does not live here?
There are threatening court action in 7 days if they are not paid...
any help in pointing me in the right direction would be good. thanks
I'm confused, if the mail wasn't addressed to you, why have you opened it? If it was addressed to you then why are they writing to you about someone else's penalty charge?
Why would they take you to court for something that someone else did?
Please clarify.
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(Q) Ok, i recieved in the post a £20 penalty charge from a train company for someone (not me) being caught without a ticket in. (UQ)
Barracad, I believe this person is saying that he/she got a letter to his/her address with an unknown name on it...?? Regarding a person issued with a penalty for travelling on a train without a ticket...
If that's the case, then all that the original poster need do is write back stating that this person doesn't live here and never has, and to maybe check the electoral role. Without checking any facts or laws it's my belief that any letter that comes through your door becomes the property of the householder regardless of the name on the front of the envelope, hence the fact that this seems to be someone who has given fraudulent details to a ticket inspector..?
If it's as innocent as posted, all he/she needs to do is write back stating that the person in question is not known at this address and that they must cease from contacting people at that address.
The householder could of course ignore all corresponence and wait for the baillifs to turn up, which they will, eventually! Hassle which is not needed!
This looks like someone has been caught... etc... etc... and has given false details, best for the guy to nip this in the bud before bailiffs turn up?
Good luck with this, regards, Dave.
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Barracad, I believe this person is saying that he/she got a letter to his/her address with an unknown name on it...?? Regarding a person issued with a penalty for travelling on a train without a ticket...
If that's the case then what should have happened was that when the letter was received addressed to somebody else it should have been returned to sender unopened. This would tell the sender that this particular person does not live there.
Originally Posted by diskmandave
Without checking any facts or laws it's my belief that any letter that comes through your door becomes the property of the householder regardless of the name on the front of the envelope
The legislation you would need to check is the Postal Services Act 2000. To open such an item of mail which is addressed to another person is in fact a criminal offence.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
The legislation you would need to check is the Postal Services Act 2000. To open such an item of mail which is addressed to another person is in fact a criminal offence.
Well,it is if you have the required mens rea:
84 (3) A person commits an offence if, intending to act to a person's detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.
(my emboldening)
I would say that the OP would have a reasonable excuse on the facts he's given (e.g. right address but matches no known name, doesn't seem to want to act to a person's detriment).
I'd get back to the issuing train company about this, as suggested.
Fare penalty
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Originally Posted by diskmandave
