Excessive penalty fine

[I_hate_fcc]

Hi all - hope someone can help

In January I needed to get home after work. I work long hours, meaning I was travelling late. My plastic was not working so I needed to purchase my ticket in cash (meaning the ticket machines were not an option). The main ticket office at Kings cross was not open (it was after 10pm) and the small one was dealing with lengthy enquiries. My girlfriend was heavily pregnant and it was during the really bad weather. I needed to get home so boarded a train without a ticket. I know this was foolish.

I was approached by a revenue inspector who only tried to sell me a penalty ticket (Think he was having a bad day). I didn't think it was fair to be penalised because of kings cross staffing levels. I refused to purchase the penalty fare and as a result was read my rights.

First capital connect then contacted me with intention to prosecute. I wrote back at this point and tried to pay for the ticket, explaining the situation in the letter. They were not interested and took us to court.

Because I was travelling without a ticket I plead guilty (I was technically travelling without a ticket when I was not supposed to). I wrote in mitigation explaining what had happened and asking the court to be lenient. FCC had requested a fine of £155.60, when the case was heard by the judge additional £300 worth of fines were added and the total collection order of £455.60 has now been issued. (this was two fines of £150, one for no ticket and one for allegedly swearing)

I feel I have tried to purchase a ticket on three separate occasions and have been severely penalised by the court. I admitted I made a mistake. I feel so unfairly treated and don't know what to do. I have a new baby and 2 year old daughter. My girlfriend is on maternity leave and we don't have this kind of money waiting around for a fine like this. The court has given us 9 days to pay this exaggerated fee.

Can anyone please help or offer advice?

Thanks for reading

[SRPO]

As you pleaded guilty you only have 1 option, you can appeal against the sentence to the crown court but this must be done within 21 days of the original hearing (although you can make an 'out of time' application).

[weather-cold]

Hi all - hope someone can help

In January I needed to get home after work. I work long hours, meaning I was travelling late. My plastic was not working so I needed to purchase my ticket in cash (meaning the ticket machines were not an option). The main ticket office at Kings cross was not open (it was after 10pm) and the small one was dealing with lengthy enquiries. My girlfriend was heavily pregnant and it was during the really bad weather. I needed to get home so boarded a train without a ticket. I know this was foolish.

I was approached by a revenue inspector who only tried to sell me a penalty ticket (Think he was having a bad day). I didn't think it was fair to be penalised because of kings cross staffing levels. I refused to purchase the penalty fare and as a result was read my rights.

First capital connect then contacted me with intention to prosecute. I wrote back at this point and tried to pay for the ticket, explaining the situation in the letter. They were not interested and took us to court.

Because I was travelling without a ticket I plead guilty (I was technically travelling without a ticket when I was not supposed to). I wrote in mitigation explaining what had happened and asking the court to be lenient. FCC had requested a fine of £155.60, when the case was heard by the judge additional £300 worth of fines were added and the total collection order of £455.60 has now been issued. (this was two fines of £150, one for no ticket and one for allegedly swearing)

I feel I have tried to purchase a ticket on three separate occasions and have been severely penalised by the court. I admitted I made a mistake. I feel so unfairly treated and don't know what to do. I have a new baby and 2 year old daughter. My girlfriend is on maternity leave and we don't have this kind of money waiting around for a fine like this. The court has given us 9 days to pay this exaggerated fee.

Can anyone please help or offer advice?

Thanks for reading

 

they lawfully mugged you. You should of argued your circumstances such as the machine not accepting cash payments and you had no debit/credit at that time., im sure you could of banged on about that, or is there some other twist which you haven't disclosed here yet?

like you jumping over the barrier as im sure all of Kings Cross has barriers to get to the trains?

[weather-cold]

they lawfully mugged you. You should of argued your circumstances such as the machine not accepting cash payments and you had no debit/credit at that time., im sure you could of banged on about that, or is there some other twist which you haven't disclosed here yet?

like you jumping over the barrier as im sure all of Kings Cross has barriers to get to the trains?

 

on the fine ...tell them you Dont have any money currently due to your circumstances and they should let you pay it off in small instalments per week/month.

[I_hate_fcc]

No jumping of barriers and I don't feel any better being mugged legally!!!!!

[weather-cold]

No jumping of barriers and I don't feel any better being mugged legally!!!!!

 

but i know in fcc area in kings cross has barriers, so how did you get pass?

[I_hate_fcc]

I travelled from platform 8

[SRPO]

its all academic now that the matter has been dealt with by the magistrates.

[Old-CodJA]

It is worth remembering that any appeal to the Crown Court could also be a costly exercise.

 

You will need legal advice in pursuing action at that level. If your appeal is unsuccessful, then you will add to your costs and will still have the original fines & costs to pay.

 

It may well not be what you want to hear, but I do not think you have been fined excessively against the average for these offences and having pleaded guilty, I assume that you did fill in a means form and send it to the Court in time for the hearing?

 

If you did so then the Magistrates will have taken your declared means into consideration when coming to their decision.

 

Just for clarification, FCC cannot ask for any specific 'fine'. The £155.60 will have been their claim for the costs incurred in bringing action against you.

 

The maximum fine for each of the offences that you have been convicted of is £1000 and the 'entry level' guideline given to Magistrates convicting someone for a first offence is based on an average weekly income of £350.

 

Bearing that in mind, if you had not entered any plea or notified your earnings, the Magistrates would normally consider imposing a fine of £350 on each charge, so it seems clear that they have taken account of your plea and circumstances and have more than halved the average fines.

 

Fine for failing to show a ticket £350 less credit for plea = £150

Fine for swearing £350 less credit for plea = £150

Prosecution costs awarded by Court = £155.60

 

If you are having difficulty of course you may wish to appeal sentence as SRPO says, but there is no guarantee of success and it could cost you more in the long run.

 

If you do not appeal against the sentence, you might want to write to the Court's enforcement office and see if you can get agreement for a realistic and manageable monthly or weekly payment plan. They will not usually accept any less than an absolute minimum of £5.00 per week

 

.

Edited April 16, 2010 by Old-CodJA