First capital connect notification of prosecution

[wasp19]

Hello

 

I'm in need of some advice. Last year I was out shopping with my mother when we returned to my house near Alexandra Palace. It was around fireworks night and the ticket inspectors were out. I mistakenly believed that I could touch in and out at Ally Pally using my oystercard but the inspector told me otherwise and I also only had 40p on my oyster (along with a zone 1-2 monthly travelcard). Admittedly these were both mistakes but things I was unaware of when we left central london.

 

The inspector gave me a pf which I couldn't afford to pay at the time but I gave him my address. Months passed with no news so I (rather naively) thought the inspector had had a change of heart. What I received last week was a demand for a £105 fine or an appearance in court.

 

I'm currently trying to contact the prosecutions dept at kings cross but they aren't answering their phones. I wrote to them saying I hadn't received the request for the £20 fine but would be happy to pay that. He told me to call him to discuss it further.

 

I am living paycheck to paycheck and really can't afford to pay £105. My parents have offered but I feel just awful. I don't want a criminal record. Help please. Do I have any choice?

[wasp19]

And also, although this doesn't excuse it in any way- I lost (I know, derrr) the pcn which does have, I think, all the info you need in order to pay. I was going to pay however when I received the letter.

 

I'm pretty sure I've got little or no recourse but bloody hell £105 is a lot of money.

[Stigy]

Are you calling the number that they tell you to on the latest letter? I have a feeling that when you eventually get through, you'll be told that it's your responsibility to pay the PF on time, and not lose the paperwork etc.

[Old-CodJA]

Yes Stigy, that is the position.

 

Wasp19, the rail company does not have to send you any reminders, but they do so in order to encourage you to pay and thereby avoid Court action. The notice that the £20 penalty was due was handed to you and all the details of how & where to pay and how & where to appeal as well as when this must be done by were printed on it.

 

If you don't pay and they proceed to Court they will be able to show evidence that

 

i) you didn't have a valid ticket

ii) you were handed a notice telling you when and where you must pay

 

additionally, the prosecutor might seek to advise the court that

 

iii) you were given an opportunity to resolve the matter out of time but did not do so

[wasp19]

All of those things make me sound like a criminal! It honestly was a series of unfortunate events. I understand they must have people telling them that every day but....

They aren't obliged to send me reminders but nothing at all then £105 and a court date? No first, second or even final reminders? You get that with almost any other kind of 'money owed' scenario.

 

I feel like enough of an idiot as it is having lost the bloody thing, let alone someone telling me I have to go to court for it...

 

Dammit

[wasp19]

And yeah stigy I'm calling the number on the latest letter, no answer. Although when my dad called he answered straight away (all my mail comes to my parents because I'm moving flats)

[Old-CodJA]

All of those things make me sound like a criminal! It honestly was a series of unfortunate events. I understand they must have people telling them that every day but....

They aren't obliged to send me reminders but nothing at all then £105 and a court date? No first, second or even final reminders? You get that with almost any other kind of 'money owed' scenario.

 

I feel like enough of an idiot as it is having lost the bloody thing, let alone someone telling me I have to go to court for it...

 

Dammit

 

My post wasn't meant to make you 'feel like a criminal', it was simply intended to explain the position that any rail company might take

 

Having said that, an unpaid rail fare is not just like any other money owed.

 

There is a legal obligation under Railway Byelaws to pay the fare before travelling where facilities exist to do so.

 

If you don't do so, the company can just go straight to prosecution if they choose to do so, but, in recognising that sometimes other factors may be relevant, there is the penalty notice or, unpaid fare notice whichever is appropriate. Not all rail companies allow that concession.

 

Which type of notice you are issued depends on which rail company you were travelling with, but both give you a set time to pay the fare or appeal liability in writing. (It's similar to a fixed penalty notice issued by Police for road traffic matters.)

 

You don't say what time of day you have been calling them and it's rare in my experience for them to alter things on the strength of a just telephone call. The offices that deal with this kind of thing are generally not staffed 24/7.

 

It is unfortunate that you say you lost the notice, but again this is something that they hear all the time. If you don't pay or respond you have only yourself to blame if the ral company proceed and whether we always agree with them or not, that is the view that the Courts take in the majority of cases.

 

Sadly, the Courts hear the same excuse thousands of times a year too.

 

I hope you can resolve it

 

.

Edited March 23, 2010 by Old-CodJA

[wasp19]

Thanks for the advice both. I just spoke to the nice man at the prosecution department and he has arranged for me to pay an admin fee and then consider the matter closed. No pleading guilty, no court. He basically did that because Alexandra Palace did introduce touching in and out shortly after I was issued with the pcn and he could understand the mix up.

 

Now I always travel with a full travelcard whenever I leave the house so- lesson learned I suppose!

[Old-CodJA]

Good result, well done

[wasp19]

Lucky result! I honestly thought there would be no discussion and I would just have to pay £105. It's very considerate of him to consider slightly extenuating circumstances and my own scattiness.

 

Phew.

[iline]

Nice to hear that with a valid excuse, they might exercise some sort of leniency. I will try my best to grovel but I have no extenuating circumstances. I was poor and desperate, the worst kind of citizen in Blighty and an easy case to prosecute. Well done, you managed to find some humanity despite the situation.

[gugisingh]

I have been reading the forums and I am need of some help (real bad).

I made a terrible mistake whereby I bought a ticket from Kings Cross to St Albans at a gold card rate. I was caught by the revenue inspector and said I was a gold card member but had lost my 2010 card. I was previously a gold member for over 5 yrs but decided not to renew end of Jan this year due to me moving. Whilst there was another person on the train who didn't have a ticket he was fined £20 I somewhat pointed that out to the inspector. I guess he didn't like me...In the end the inspector had to check my records and I had to confess that I lied to him and the company. He took the statement down. I did not pay the £20 even though I was willing to do so as I was desperate to get home

FCC wrote to me and I wrote back to them (see below)

I have been commuting regularly between Kings Cross and St. Albans with First Capital Connect trains for the last 7 years and until recently, a gold card member for almost five years.

On 28th August I was in a rush to get back to St. Albans due to a family emergency and by habit quickly purchased the ticket at a gold member rate. Although this slip in concentration serves as no excuse I explained to the ticket inspector that I would be willing to pay the full fare and any fine. This was however declined. Furthermore, whilst on board the ticket inspector fined another passenger £20 for not having a ticket at all - worse for your company from revenue perspective than purchasing a ticket at 80% full price. However, it appears that your inspector wanted to impose upon me a more severe fine. I would urge you to consider the consistency of how the rules are applied and fairness of this.

I trust that as a company you value repeat business - in the last five years, I have spent nearly £10000 and would hope that you could reward my loyalty with settling this matter without progressing to the magistrates court, a costly and time consuming affair for all parties concerned. In lieu of this I would be happy to pay the full train fare cost, and/or any administration charges to close the issue swiftly.

I implore you show some leniency and once again apologize for any inconvenience caused

Only today did FCC write back saying they will forward the case (to Court).I've left them a message to call me (twice).

I am really worried as I have a good career, never had a criminal record... but have admitted that I was wrong.

What are my next steps? I've read the forums and there are similiar cases but really need some advice about next steps of what I should do/ expect from FCC?

Any help would be greatly appreciated

[SRPO]

Why have you posted this 3 times?