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  1. Hi Between myself and my partner we've had 5 parking notices from a problem with a railway car park. In all cases we have paid a fee using the app but a couple of problems: 1. Due to poor internet connectivity and busy trains we were unable to pay whilst on the train - we got to work to try there but after distractions forgot to pay BUT paid on the day and before we returned to the car. However due to the way the app works it charged the off peak rate and wouldnt allow a backdated payment on that day - we even phoned but they said couldn't be done - but we made sure we paid. Every other day we use it (3-4 per week) we have a good history of paying the right amount 2. My partner paid a fee on the app but selected the wrong vehicle So a combination of user error - and poorly designed system we couldnt / didnt pay the correct fee - the difference is appx 70p My partner has appealed to her 2 because they were for the wrong car so her car didnt have a valid ticket - my car was at home - but they got their fee on the day On the ticket machine the fee is £4.00 on the day - we paid £3.70 on the app - both facing fines of £100 each - escalating to £170. I'll post all the details here shortly using the questions but what are my options? I've read up on Byelaw 14 - no real financial loss - and were prepared to go to court as the difference in what we paid and what was due is minimal. I also had another fine for my car on the same day as my partner. I have proof I paid (which I've now sent them) and my partner also paid (it's one of the tickets described above) because she used the default car on the app. So even though 2 x tickets I still got a fine and intend to use that in defence of the other fines that their system is flawed. If we had failed to pay I would have fewer issues but we did our best on a system designed to trap you Advice greatly appreciated
  2. Dear RMT/Southwestern Railway, I am a wheelchair user and do not drive, so am entirely dependent on public transport. I had intended to travel to my sister’s home on Saturday 21st December. When the strike on that date was announced we explored various alternatives as I cannot risk travelling on a train that would have already been crowded but is now likely to involve additional changes and be even more crowded, if it runs at all. One of the services I need to use only has one wheelchair space, so if it’s already occupied I could have ended up waiting hours for another train. I cannot use National Express coaches as my wheelchair is too heavy to be carried as luggage and is not suitable for use on their accessible buses. With no other option, I eventually and very reluctantly agreed to allow my brother-in-law to undertake a 4 hour return journey on Christmas Eve to fetch me. I detest having to disrupt his Christmas Eve plans and also will not be able to enjoy my stay nearly as much as I’ll have no time to get over the pain travelling inevitably causes me before the big day, but it’s better than not being able to get there at all. Yesterday, RMT announced a further strike on 27th December, the day I need to travel home and the day that both my sister and her husband have to go back to work. Again, the trains would be crowded anyway so that any that do run are going to be much worse, and again, there’s the issue with limited wheelchair spaces being already occupied. I have travelled during a previous strike and did eventually get to my destination, however the whole experience was horrendous. At one station I actually held up the train’s departure for nearly 15 minutes whilst station and train staff attempted to clear enough passengers and luggage out of the way for me to reach the wheelchair space, and whilst I cannot fault any of the staff or most of the passengers who had to move, it would have been a humiliating experience even without the few who complained. There have been enough horror stories about disabled users and public transport in the news this year for most people to be aware that any journey on public transport is a challenge. Add in strikes at an already busy time of the year and the challenge becomes insurmountable. The fact that the strike seems to be over something that wasn’t ever going to happen anyway is just the icing in the cake. Southwestern say they’ve never intended to run guard-free trains, RMT say they will, so who is telling the truth and why do they have to wreck my Christmas to sort it out? Perhaps someone could spell out for me what is so terrible that it's worth leaving me, or anyone else, to spend Christmas on their own? I'll definitely be thinking of you both as I tuck into my turkey burger and pudding for one.
  3. Hi there I'm being pursued by these people for some very unfair tickets. I know there is a lot on here about different approaches etc but I was interested in the 6 month rule, can someone please explain the law around that? Also, the tickets definitely say Penalty Notice not Parking Charge, does this mean it's official? Thanks in advance for all your help
  4. Hi Everyone, As the title says, my car (I wasn't the driver - really!) got an £80 Penalty Notice from CP Plus while parked at Hampton Court Railway station car park. The reason for the penalty was given as code '03' - which is "not displaying a valid pay and display ticket " even though a ticket was purchased and on display! Thanks in advance for any help/advice on this one?
  5. Hi, I have received a PCN from NCP on 30/04/2015 It states Code F3 - Not parked correctly within the markings of a bay space The fee if paid within 14 days - £50 Goes up to £75 afterwards. The registration plate on PCN has got a '0' instead of 'O' in the second field. I have, unfortunately checked PCN on their website and typed in my actual VRN but that did not bring up a result. Should I just pay £50 and have peace of mind, or wait for them to send me a letter? Many thanks!!
  6. Good Morning All, I was up in London from 9/2/15-13/2/15 on a training course. I bought a car parking ticket at Salisbury station for the duration and put it up in the top corner of my windscreen. On the Wednesday I got back in the evening to Penalty Notice attached to my windscreen about 6 inches below the ticket. I wrote to CP Plus Ltd using the address given on their Notice (which helpful states that appeals can be sent in writing to that address). I attached copies of both my actual parking ticket and also the receipt from Salisbury clearing showing the validity purchased and the date it was bought. I heard nothing more until 61 days later when I had a Penalty Notice Reminder through the post telling me that I now owed them £120. They had completely ignored my earlier appeal. This notice also came from an office in Ashton Under Lyne. I phoned them up to seek some explanation for this letter. Apparently they had not been sent my appeal letter but advised me to email their enquiries and resubmit through them. This I did that very day. I got a response from the enquiries "people" yesterday which basically said we are always in the right, pay up. I believe that by not responding in a timely fashion to my original written appeal they have forfeited any right to claim their money. I also believe that by using two completely different postal addresses they are indulging in a deliberate attempt to misdirect the public for their own pecuniary advantage. Lastly, having provided incontrovertible proof that I had a legal parking ticket, I believe they should withdraw their Notice. I would be interested in hearing others' views. Attached are the original parking notice, my original letter to the company and copies of my ticket for parking at Grateley and the receipt for same.
  7. Have you been affected by the "Farringdon Floods"...? [ATTACH=CONFIG]55628[/ATTACH] [ATTACH=CONFIG]55629[/ATTACH] Remember that you may be entitled to compensation through your representative operator's refund scheme. Please remember that the TSGN and IKF (Thameslink, Southern & Great Northern) (Integrated Kent Franchise) are run by Govia so the process will normally be the same. Details available below; Latest update is that a full service will resume tomorrow, however this may change at short notice.
  8. Hi All. I was recently travelling home from London on a Southeastern train after a few drinks with my work colleagues. Due to the onboard toilet being out of use and me bumping into an old friend on the train we decided to exit the train and use the station toilet in the knowledge that the train may depart and we'd have to get the next one. As i left the toilet the train was about to depart, and although i can't remember exactly what happened due to the drinks id consumed, i may have swore a few times asking them to hold the train. My friend, however, was still in the toilet long after the train had left the platform. Next thing we knew a policeman grabbed my friend as we stood on the platform and started to drag him out of the station, all the while accusing him of kicking the train and swearing at it (later changed to swearing at the rail staff). My friend denied this completely but the officer insisted it was all captured on cctv - somehow? When we got to the station entrance another officer joined the party as well as a rail staff worker. The story then changed to it being me who'd sworn at the rail staff as well as apparently banging on the the doors and the windows. Since my friend was with me (we'd bumped into each other two seconds before we got to the station as we were both looking for the onboard toilet) he was being ejected/ and also they still insisted they had us both on cctv committing the offence. In the end we gave up arguing after the threat of an arrest on the basis of Bylaw 6 - Unacceptable behaviour on the railway. I am now in the process of making a formal complaint as I don't feel the actions of the officers on the night was appropriate. I accept that my case is weakened by the fact that I don't have a perfect memory of all the events that happened BUT my friend does and whilst i admit i may have sworn as the train left, I strenuously deny doing it in anything other than jest based on the mood i was (and that we'd already preempted this the train leaving) and i certainly am not one for kicking inanimate objects, drunk or not. Furthermore, when the rail staff who i'd supposedly sworn at arrived at the exit I had never seen him before so I really think it's a case of mistaken identity - which is evident from the fact they originally grabbed hold of my friend (who is tall, skinny and SriLankan) mistaking him for me (I'm shortish and I'm told my Irish heritage is clear to see!). The investigating police officer has assured me that if the cctv evidence proves a crime was committed they will prosecute - which feels like they are trying to blackmail me into not pursuing it. I'm now stuck needing advice as to what to do next. Ordinarily i'd leave it and put it down to a bad experience but being stuck 40 miles from home after midnight and then having to pay £100 in taxi fares means I feel I should pursue it. Even if i did swear, I feel it would be totally reasonable given that we'd left the train to use the toilet, when most other people on the train were just using the bins or the seats! I don't feel they'd have sufficient evidence to prosecute me or if there is even a prosecutable offence for that matter? but they may try and use this as a way to ban me from using the train services in the future, which will be much more costly than £100 when i have to find other means for getting to and from work. However, ignoring my issue, my friend has clearly been picked on for absolutely no reason, other than maybe his ethnic appearance and anything they said about having cctv of him is an absolute lie. I don't think it is reasonable that someone can make a wild accusation and the police simply side with them without first checking the supposed evidence themselves. Any thoughts appreciated!
  9. Good evening, after having filed a stat dec last week regarding an incident that happened 3 years ago, I received a notice of new hearing yesterday. I am trying to get in touch with Southern Railway to try and see if they would maybe agree to an alternative arrangement out of court. Unfortunately I can't seem to find any contact details for them on the letter, nor on their website. Would anyone who faced a similar matter have a contact phone number or email for me to reach out to them?
  10. Made under Section 46(1) and Schedule 9 of the Railways Act 2005 by Merseyrail Electrics 2002 Limited ("Merseyrail") and confirmed under paragraph 5 of Schedule 9 of the Railways Act 2005 by the Secretary of State for Transport on 20 December 2013 for regulating the use and working of, and travel on or by means of, Merseyrail's railways assets, the maintenance of order on Merseyrail's railway assets and the conduct of all persons while on Merseyrail's railway assets (the "Byelaws"). Pursuant to the Railway Byelaws Amendment Order 2013, railway assets of or under the management of Merseyrail are no longer subject to the National Railway Byelaws, and these Byelaws apply instead. Byelaw 4 now prohibits alcohol from being consumed on the railway at all times, and without any prior notice being required. It is also an offence to possess an open container containing alcohol. This is going to cause a problem at Chester or at any other National Rail station where part of the journey was made on Merseyrail in regards to Revenue Protection enforcement. If someone travels from say Liverpool Central to Preston via Ormskirk, without a ticket, on arrival at Preston, if the Inspector wished to report for Byelaw 18, it would appear as though that Operator could now only prosecute for the Ormskirk to Preston part, as you would have to use a mix of Merseyrail and National Rail Byelaws in order to prosecute the actual journey made (as a single offence). http://www.merseyrail.org/media/205064/Final%20Merseyrail%20Byelaws.PDF
  11. It should be noted that Transport for London (TfL) have their own separate Byelaws. (Available here) RAILWAY BYELAWS - Travel and Fares Summary Made under Section 46 of the Railways Act and authorised by the Secretary of State for Transport for regulating the use and working of, and travel on or by means of, railway assets, the maintenance of order on railway assets and the conduct of all persons while on railway assets (the “Byelaws”). ## BYELAWS 17 - 22 ARE ALL TRAVEL/TICKET/FARE RELATED BYELAWS. BYELAWS 17 AND 18 BEING THE MOST RELEVANT## Travel and fares 17. Compulsory ticket areas 18. Ticketless travel in non-compulsory ticket areas 19. Classes of accommodation, reserved seats and sleeping berths 20. Altering tickets and use of altered tickets 21. Unauthorised buying or selling of tickets 22. Fares offences committed on behalf of another person 17. Compulsory Ticket Areas (1) No person shall enter a compulsory ticket area on the railway unless he has with him a valid ticket. (2) A person shall hand over his ticket for inspection and verification of validity when asked to do so by an authorised person. 18. Ticketless travel in non-compulsory ticket areas (1) In any area not designated as a compulsory ticket area, no person shall enter any train for the purpose of travelling on the railway unless he has with him a valid ticket entitling him to travel. (2) A person shall hand over his ticket for inspection and verification of validity when asked to do so by an authorised person. ##Byelaws 17(3) and 18(3) provide the only legally acceptable defences to anyone accused of breaching Byelaw 17(1), 17(2), 18(1) and 18(2)## 17(3), 18(3). No person shall be in breach of Byelaw 17(1), 17(2), 18(1) or 18(2) if: (i) there were no facilities in working order for the issue or validation of any ticket at the time when, and the station where, he began his journey; or (ii) there was a notice at the station where he began his journey permitting journeys to be started without a valid ticket; or (iii) an authorised person gave him permission to travel without a valid ticket. ## NO OTHER DEFENCES ARE ACCEPTABLE - INTENTION IS IRRELEVANT## ## MAXIMUM PENALTY £1000 ON CONVICTION AT A MAGISTRATES' COURT ## To view the Byelaws in full click here, (PDF) (A printed copy can also be obtained by contacting any of these Train Operating Companies)
  12. Hi, I have recently been sent a Final Notice to owner/keeper/hirer under Railway Byelaw 14. The car park in question has a new feature, that you can book and pay for your ticket online, I had been doing a combination of this for the past few weeks, I had to run for the train to make it, and was trying to regulate my breathing, and stop sweating before I bought my ticket, I purchased a book of 10 tickets which I still have 4 unused, the email I received with them stated that they were not valid on that date, so I attempted to purchase an additional ticket, however, I was unable to do this due to a very patchy internet connection as we went in and out of tunnels, I then arrived at the office, and again forgot to buy a ticket, it wasn't until I was on my way home that I remembered. I attempted to purchase the ticket online (there is a new fangled system where you don't have to display the ticket; you just need one registered to the car registration, and the cameras register as you enter and exit the car park). This is similar to the ANPR systems a lot of company's employ. However within 15 minutes of my arrival I had already been given a ticket. I was trying to pay, and could show that I had attempted to purchase, I decided I would ignore the ticket as most people appear to suggest, and that as this was a contract issue, I felt it was unlikely to go to court, and that if it did, I could bring in the following arguments, and at the very least agree to the £6.50 in lost revenue; detailing that I had been allowed previously to purchase the ticket after arriving, to complain that a railway company can charge me 400% more than the original £6.50 daily charge. I would refuse to pay the fine as they already receive over £600 per month from me. When their trains are late, I get £3.50 back. unfortunately now it does appear they are arguing it is civil, and that they are planning on taking me to the magistrates court. The original ticket was produced via their parking managment company, but this final notice comes from the train company itself, acting as PCN Debt Recovery and Prosecution Service. Do I take this on the chin or fight it? (I refuse to park in the station car parks again) It makes me warm inside knowing that for the sake of £165, they lose £1000 per year. Please advise.[ATTACH=CONFIG]45603[/ATTACH]
  13. My friend is a foreign student studying at uni here. He left his documents in his home country at Christmas by accident, but always keeps copies here in UK - eg drivving licence , visa etc He took a day return to London on Saturday, but used a photocopy of the Student Discount Card. He showed this to the ticket clerk when he bought the ticket. Unfortunately the ticket inspector on the train was not pleased and arranged for the police to come and arrest him, even though my friend explained, and also showed him the receipt for the original purchase. He is now being prosecuted for Regulation of Railways Act 1889: Section 5(3): “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;” He now understands the conditions of carriage require him to carry the original discount card (although at the time he did not know), and accepts that he has broken this railway bye law 18.2 - which would normally result in a penalty charge. However he does not accept that he is guilty of "intent to avoid payment" - and what could be a very serious charge, as it will most certainly affect his Visa requirement for him to remain at study here , should he be prosecuted Thanks for any help
  14. Hello, I was recently caught in a first class part of the train with a standard class ticket and a ticket inspector booked me there and then. I didn't have my wallet with on me so I couldn't pay the remainder of the fare. Yesterday I received a court summons and a date. I'm assuming that if I show up to court and plead guilty that I'll have a criminal record? I'm extremely anxious about this for several reasons. Firstly I'm planning a big trip to the USA in September and secondly my career. I called a solicitor who said there would be a 90% chance he could make sure I didn't end up with a criminal conviction/record, but obviously it comes with a hefty price tag. Can anyone please advise me what they think I should do?
  15. Hi just needed some advice with a penalty fare i recieved. I bought two tickets (one for me, one for my brother) when travelling from East Croydon Rail Station to London bridge. I used my 16-25 railcard to get my discount. however i didnt realise that the self service machine applied the discount to both tickets. when reaching London Bridge i was stopped, and the inspector suggested i appeal the fare because i was not at fault and the self service machine should have been clearer when buying multiple tickets. He also mentioned that since i was from Newcastle, and not familiar with the area and protocols, that it would most likely be okay. (received penalty fare 7th May) I appealed online 3 days later , entering the penalty fare notice number, time/date and location online and uploading my 16-25 railcard. I received a letter a week later from the appeals assesor, who asked for a copy of my fine. I sent this back with a copy. I received a debt collection letter before any decision on my appeal was made ! I ignored this but then decided to write a reply explaining my appeal was still pending but by the time i got around to it, i received another letter which i explain below. I received a letter today claiming that my appeal has been rejected because it was not submitted within 21 days. The reason was because i apparently sent the appeal back to the wrong address when i provided a copy of my fine(there's so many addresses thrown at you that im not sure whether i did or not) and therefore missed the deadline. Surely i did not miss the appeal deadline because i initially appealed online ? Any advice on this? How far will Southern Railway take this for a £20 fine? They want me to pay the fine ASAP before incurring admin charges of another £20. Should i send a letter as soon as i can explaining this or is that a waste of time ? Thanks, Zubair
  16. Hi all...Earlier in March I travelled Super off peak single with a railcard that was a couple of weeks out of date. I didn't realise until I hopped on the train. I recieved a letter this morning from FGW telling me they are preparing the case for court! If i am convicted of an offence I could be ordered to pay a fine of £1000 and/or be sentenced to 3 months imprisoment. Basically I think it's completley unjust that they are charging me £160.95 as I already payed the original fare just my railcard was out of date! I think this is completley taking the P@**S! Please help if you know of anything I can do as I can't afford this money!!! Thanks I really look forward to hearing a response, I am prepared to go to court as I feel it's so unjust for them to force me to pay this when I don't have the money - does anybody know what will happen? Thanks
  17. Hi there, Like some advice please. I am a mature medical student. Been abroad many years, and only since August back in the UK in a new area I've never been in before. I have over-riden one stop on my train season ticket. My aim was to attend a one-off academic event in the evening, being held one stop past my usual return destination after university. I was late for my train and I saw no conductor on my journey, which didn't worry me as I assumed I could pay my extension to my season ticket at the destination. This is where my ignorance lies. I asked railway staff if I could pay on my way out, I didn't try to make a dash. The amount would be under £2. I had my monthly season ticket confiscated (worth over £80). I had to buy another monthly the next day. I was questioned brusquely under caution. A colleague from my medical course was screamed at and asked to leave the area by security, because she clarified a question by the Revenue Protection Officer that was unclear, and that I had misunderstood. I acted reasonably and with complicity throughout, although I was a little guarded as we are trained not to accept police cautions as medical students. I am awaiting a letter from the Prosecution Dept. Yesterday (a day after the incident), I wrote a conciliatory email to the train company outlining my regret, my intention never to make the mistake again, and a request for leniency due to my medical student status. I kept to the truth and have an independent witness to corroborate my entire story, including the fact that it was always my intention to pay. I am of the belief that it is sometimes possible to pay extension tickets at this station, for instance in rush hour. I am intending to take some independent legal advice, either through CAB or via a CFA accredited solicitor. The cheaper option the better, for my student pocket. It is my belief that it's unlikely they will take me to court (although they could), and that they will likely issue me with a fine. My questions are thus: 1. What are the likely outcomes of this scenario? How much could I be fined? 2. Why would my season ticket be confiscated, as well as a prosecution considered? Is this normal? 3. I have been told that it is best to pay any fine, then go through the appeals process. Anybody have any views or 4. I am considering contacting my MP, as I feel my treatment was overtly aggressive and the company are abusing their power by implementing incongruous fines (e.g I could be fined £200+ for a 5. Are certain rail companies more aggressively pursuing fare-dodging than others? What is the rationale behind this and what effect is it having? 6. Are there a set of regulations or 'best practice' guidelines around penalty fares/prosecutions? What rail companies are signed up to these? Is there a level of consistency for certain offences? 7. If the case went to court, am I correct in thinking that the burden of proof is on the rail company providing proof that I intended to not pay my fare? What is my status here? 8. What reason would a Rail Company have for choosing not to issue a penalty fare, rather than going through this long-winded process? Would they really go to court for a fare this small? 9. Any further advice around my status as med student/prosecution status gratefully appreciated. Thanks everyone for your time. Ryan
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