Unpaid train ticket - bailiffs now involved

[jonnyk]

Hi,

 

Towards the end of last year, my girlfriend travelled with a train ticket that she was unaware had expired by a day, and received an on the spot fine. The normal fare for the journey would be less than £3.00.

 

She (naively / something harsher!) disputed this and refused to pay the penalty there and then.

 

Next stage was an increased fine received through the post, which she again disputed, writing back to explain that it was an accident that she had travelled with an invalid ticket, and thought she should pay something much closer to what the fare would have been.

 

She didn't receive a reply.

 

Bailiffs have now been involved, issuing a £300+ fine which she has now been shocked into the verge of paying.

 

I've only just found out about all this, and, while I believe that the initial fine is something that should have been paid and not disputed, cannot see how a £2.50 train ticket 'avoidance' can turn into such an hefty fine.

 

Would really appreciate advice of what her rights are and what the next action should be. A fine of £50 or so would seem harsh but fair. £300 is ridiculous.

 

Just another comment. I have been reading up on the types of bailiffs and their fees, but not sure where this would sit?

 

Would really appreciate some advice as soon as possible.

 

Thanks in advance!

 

JK

[Bartok]

 

Towards the end of last year, my girlfriend travelled with a train ticket that she was unaware had expired by a day, and received an on the spot fine. The normal fare for the journey would be less than £3.00.

 

Section 5(3)(a) of the Railways Act 1889 says: (a)Travels or attempts to travel on a railway without having previously paid his fare, and with intent to avoid payment thereof; or

 

She (naively / something harsher!) disputed this and refused to pay the penalty there and then.

 

And she was right to dispute it.

 

 

Bailiffs have now been involved, issuing a £300+ fine which she has now been shocked into the verge of paying.

 

I doubt a court has ordered a £300+ fine. The bailiff might be a fruitcake because you have a right to defend the case and no defence has been considered. If a court has decided the outcome of the proceedings before summonsing you to appear, then you can disregard the conviction: Article 6 of the European Convention on Human Rights.

[jonnyk]

Thanks Bartok, that's extremely helpful information.

 

So in terms of the letter demanding this payment, what would the best thing to do be?

 

Really do appreciate the help offered here.

[Bartok]

Theres no bailiffs fees for train tickets offences unless a court has made an order against you. Contact your local magistrates court and ask for the conviction date and the address the defendants summons was sent.

 

If there is no conviction and no court order made against you then the bailiffs demand can be disregarded and you dont need to respond. The offence may not have been proven and is in dispute because there is no deliberate intention of train fare evasion.

 

If a bailiff says he has a court document saying you must pay him, but you discover no such document exists, then he commits an offence See also Section 40(1) subsections (a) to (d) of the Administration of Justice Act 1970.

[jonnyk]

Hi,

 

Thanks again for your help.

 

It now appears that there was communication from a court order, but was sent to my girlfriend's previous address - she had moved house shortly after the incident on the train.

 

So if there has been a genuine court order but the summons to appear wasn't received as it wasn't sent to the current address, how should this be handled given that there is now a bailiff chasing payment for over £300.

 

Again, much apprecation for the comments and feedback here.

[dx100uk]

get it set aside

 

use our search bar in the blue bit above your thread

type in set aside

 

now, you need to be careful here.

 

if you've got bailiffs onto you, & its a magistrates fine, [which this is a s its criminal] then they can force entry, change locks etc etc.

 

so DON'T ignore them.

 

get in contact with whomever got the summons etc and get them to stop bailiff action.

 

dx

[jonnyk]

Right, i'll get her on to it immediately.

 

I couldn't find much on this site, just linked to somebody elses thread that didn't appear general enough. But via google I found advice as below: Presume advice here is much the same?

 

"

How do I apply?

 

You need to ask the court for a general application form called an N244. See the example application form attached. You should fill in the N244 to include:-

• The claim number of the case and details of the creditor or "claimant".
  
• The reason for your request to set the judgment aside in PART A on the front of the form.
  
• In PART B you should tick the box saying you rely on the "Evidence in PART C ".-
  
• In PART C on the back of the form you need to include any evidence you have to support your case such as proof you have changed address or were out of the country. Any information you have about your possible defence should also be included.
  
• Sign the "Statement of Truth" on the bottom of the form.
  
• Send the form back to the court and remember to keep a copy.
  

You must fill in PART C of the N244 to outline your evidence in support of your application and to include brief details of any defence. You should explain any delay in making the application. See example application form N244 attached.

Also ask the court to stop any enforcement of the judgment until after the hearing to set the judgment aside.

There will be a hearing in your local County Court in private with a District Judge.

The court will take into account how quickly you made the application and may want to know the reason for any delay e.g. you only just found out about the judgment. "