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  1. Hi, I am currently in dispute with IRCAS regards a penalty notice from South West Trains and I am fighting for information to substantiate my claim. However, in the meantime they and an agent working on behalf of them are insisting I must pay regardless of any dispute or further information being presented. I believe this is wholly unfair and would like advice: I was ticket checked whilst changing trains at Ascot back in February and could not produce my days’ ticket that I had purchased (sadly with cash at office) but simply could not find. I produced the previous few days’ tickets and a plethora of previous tickets which I had on person to show I was a regular commuter and not a common fair dodger, i just couldn’t produce that days’. I was also travelling on a line Ascot – Guildford that is nigh on 100% ticket checked every journey so why as a regular commuter would I try dodge a fair! The agent however insisted on giving me a penalty fare. I offered to pay the original fair since I could understand I could not produce a ticket when asked but he refused it. He never explained the terms & conditions of 21 days to contact IRCAS, in fact I’m damn sure he said I’d receive a letter. However , I some time later read the terms and conditions and noticed it said within 21 days so I wrote off appealing. They wrote back and said it was received after 24 days and therefore appeal was denied. I contested and asked for a photocopy of envelope which they provided but it is inconclusive and I am very upset they are forcing this through on basis of a potentially late post office delivery. I have ALWAYS replied to their letters on time and I have asked for clarification of SWT's own terms & conditions to which the notice was issued: (I found these conditions to ask on another forum) Noteably However, they say contact SWT for that info which I have done and which they do not acknowledge in any replies, simply stating if IRCAS has denied appeal then nothing is to be done. My info request is to clarify the legality of that fine in first place, and I would need such info should I end up going to court. IRCAS meanwhile slapped a £60 admin fee on top (£80 total) which is totally disproportionate since I had already advised in writing I was in dispute and seeking clarification of the terms. So SWT refer me back to IRCAS whom refer me back to SWT for terms. Playing me off. I am not even entirely sure to whom I am supposed to owe money to! Another question I posed in writing to SWT which was completely ignored in written replies. Meanwhile I have no answers and likely to be summoned. How can this arise? Last month I then received a Final Notice letter from Capital resolve seeking payment, so now I am completely baffled whom is handling what and I have still not got answers from my written requests. I immediately wrote back advising I did not recognise the references they gave (it really was vague and bore no relation to previous references) if only to buy me time to get outstanding replies from SWT. They sent a postcard stating home visit in 7 days so I slapped a Permitted persons entry only notice on my gate to stop that as I consider it harassment. I have resorted to writing with full correspondence history to the MD of Customer Services, Tim Shoveller , requesting intervention and information but again I had a simple non informative reply that it is now a legal matter and omitting all information I’d requested. If I had never bought a ticket, not faithfully replied in time I would accept this charge but I am bitterly aggrieved at the sheer bullishness of this and if I was more social media aware I would be damning them from upon high. What can I do when I have already faithfully corresponded in writing to ALL communications from all parties and yet have received nothing back but demands and brick walls? This all boils down to my letter allegedly arriving at IRCAS offices a whole 3 days late! With all circumstances considered I do not believe they could realistically have upheld the fine any other way. SWT did not act in a ‘fair and reasonable’ manner in issuing the penalty notice since I had offered to pay the fare, produced aforementioned plethora of old tickets whilst bearing in mind the line is 100% ticket checked which I would have been well aware of. By time I continue to contest this or write to MP or regulator they will have issued a summons and forcibly bullied the money out of me. It will then be impossible to recoup. If anyone wants to review all correspondence then please do advise I can mail them or attach. Sorry for long post but better all in one than many questions/replies yes? And lastly, thanks in advance!
  2. Hi all, Hoping someone will give me some advise. I have been summoned to court for fare evading with the intent to avoid payment. I travel almost everyday from London Waterloo to Farnborough Main Station for the past six months. On a Monday morning I was caught up in the underground with delays longer than expected and reached London Waterloo with very few minutes to spare till I miss my train, and be late to my meeting at a new job. The queues at the self service ticket machines were extremely long (although they are supposed to be 3-5mins wait). So I boarded the train without a ticket with the assumption I can buy on the train. Throughout my commute in the six months, I have bought several times from inductors on the train and each time have happily sold to me. Unfortunately this occasion I was unable to purchase on the train. So my assumption is I can buy from the excess ticket office at Farnborough Main. I couldn't find anyone on the platform to tell them I didn't have a ticket, so I went to the guard to let me through. His colleague then stopped and questioned me, why I travelled without a ticket in the first place. Although he was extremely rude and unhelpful, he interrogated me with my full intent to avoid paying a £12 fare! I explained my underground trains were delayed, and the self service machines had long queues. Therefore, assumed I could buy on the train like I usually do so I could make my meeting. He then mentioned I have been lucky in the past that guards issue me tickets on board. I have bank statements showing prior to this incident, approximately 8 a month have been issued on the train by guards. I offered to pay the full fare for a ticket and a penalty. He would not let me. He took my details and now I have been summoned to court with S.5(3)(a) of the Regulations of Railyways Act 1889 Can anyone please advise what I should do? Thank you!!!
  3. Hi, I hold a gold card on South West Trains which I currently pay £4,224 a year for. One day around 6 weeks ago I forgot my wallet and didn't realise until I was on the train as there are no barriers at my station and it was around 6.30am (still slightly sleepy). The guard was quite friendly and issued me with a penalty fare but said this would be wiped if i went into the station I kindly thanked the guard and went on with my journey (sleeping). I completely forgot about this until I received a letter stating I owe IRCAS £93, £63 for the journey and £30 in admin fees. What bothers me is I was sent no reminder of this ticket and would have therefore gone into the station or written them a letter to say I had a valid season ticket. It now states I am outside of the appeal time. I just feel I pay a lot of money to South West Trains to be treated like this, Is there anything I can do?
  4. I have been invited to attend a meeting under caution with the Prosecution Department of South west trains following an incident in October last year when I got on a train without a ticket . Do I need to attend this meeting ? The letter states that if don’t I will be prosecuted and that the meeting is for my opportunity to explain my position. I was not issued with a penalty fair notice on the day nor did I sign anything at the time. I was cautioned on the day and admitted to having boarded the train without a ticket advice please
  5. I went to Thorpe Park yesterday but on my journey to the train station I was late and as soon as I arrived at the station I literally had to jump on the train as it was about to leave. (I even lost my scarf which one of the staff on the platform kindly ran to the train and handed it over to the conductor for me.) On the train I approached the conductor and asked for a return ticket to Staines. After notifying me it was £15.90 for the fare I started to collect the correct amount from my purse. Halfway doing so he then tells me that a Travelcard is cheaper and would also take me to Staines as well. (We had a little chat about travelcards, offer wise, so he should actually remember me...) Surprised about this new knowledge I went ahead and bought a Day travelcard for the cost of £15.70 (Not much difference I'd say but to a student a little goes a long way.) Upon arriving at Staines, I wasn't able to get out of the barrier and the staff at the ticket barrier tells me that my ticket isn't valid here and just sends me to her colleague without explaining why. It was there and then I was issued a penalty fine for travelling beyond validity. Even when I explained the situation to the member of staff he just kept asking for details ignoring a word I was saying and wanted me to cough up £20 on the spot. I asked about appealing and got the answer, "what appeal?" I was so annoyed. Anyway, I ended up giving details and not paying. This was when I was told after being repeatedly asked the same questions that I was to pay the money at xxx location or appeal at the Ircas website. (So what was all the, "oh you can't appeal" from before?) I was also notified to buy a Single ticket from Staines to Feltham on the way home else I will be fined again. I'm writing here to ask the community on how I should write the appeal letter and actually be able to claim back my Single train ticket fare of £2.80 and also to not pay the penalty fare due to their staff misleading me that a travelcard covered the area to Staines. If I had knew it wasn't in the catchment area I would have paid the extra 20-30 pence for a return ticket (It was £16 when I checked online), instead of paying an absurd amount of £22.80 extra for a day out to Thorpe Park. I have taken photos of my train tickets and also the ends of the tickets where it shows the difference between one bought from a conductor (ripped edges) and another from a machine (straight clean cut). Thank You. Amy
  6. Hello all, i received a summons today and would greatly appreciate the advice of someone who knows what they are talking about. (Point three is my main concern/hope) Here is a brief summary: I have just recieved a magistrates summons, stating that on 10th January 2010 i was questioned between Surbiton and Wimbledon, having contravened railway byelaw 18(1) made under section 219 of the Transport Act, in that i did, in an area not designated as a compulsory ticket area, enter a train for the purpose of travelling on the railway without valid ticket entitling me to do so. A witness statement from a PCSO is also included in the envelope, including plea entering etc. No information is included as to how i can appeal. Just to state, fair enough; i was travelling with a Child Travelcard and i am 19 but at the time i literally had about £10 to my name. I would not do it out of choice but my journey was essential. So my queries/problems: 1. I have now moved up north and am absolutely unable to attend court on the 24th August. Can i tell them that i will not be able to attend, without just copping out and paying them the fine/costs? Perhaps to appeal? 2. In the witness statement provided by the female PCSO (she was writing in a notepad at the time of offence) It states: "At approximately 19.44 hours i cautioned him" "I explained he was not under arrest and was free to leave at any time" But im pretty much 100% sure that she did NOT state that i was "free to leave at any time", otherwise i obviously would have done so thereby avoiding this situation. Does it hold any bearing if she did not state this? Would i even be able to prove it? 3. The offence took place on 10th January 2010, but i have only received the summons today (12th August 2010). Now, it has been forwarded from my previous address, so we can assume perhaps 2 weeks delay at most from when it was supposed to be recieved. This still leaves a gap of more than six months between the offence and the issue of the summons. Is it not correct that there is a legal time limit which must be respected, between the time of the offence and the issue of the summons? Any help would be greatly appreciated as it was a real shock to find a summons on my doorstep when i am trying to start a new life for myself! Thanks in advance for any help Dom
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