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    • Regretfully it does. Have you actually seen any papers which show what you were charged with (rather than what you were convicted of)? It is unusual not to be “dual charged” but if you were not charged with both, you are where you are. If you had been charged with both offences and providing you were the driver at the time, you could, after performing your SD, have asked the prosecutor to drop the “Fail to Provide” (FtP) charges in exchange for a guilty plea to the speeding charges (you cannot be convicted of speeding unless you plead guilty as they have no evidence you were driving). You will have difficulty defending the FtP charges. In fact, it’s worse than that – you have no chance of successfully defending them at all because the reason you did not respond to the requests is because you did not receive them and that’s entirely your fault. No it’s not correct. Six months from 18/11/23 was 18/5/24 so, unless they were originally charged, the speeding offences are now “timed out.” There is one avenue left open to you. If you perform your SD you must serve it on the court which convicted you. You will then receive a date for a hearing to have the matters heard again. Your only chance of having the matters revert to speeding (and this is only providing you were the driver at the time of those offences) is to plead Not Guilty, attend court and ask the prosecutor (very nicely, explaining what a pillock you know you were for failing to update your  V5C) if (s)he is prepared to raise “out of time” speeding charges, to which you will offer to plead guilty if the FtP charges are dropped.   This is strictly speaking not lawful. Charges have to be raised within six months. Some prosecutors are willing to do it, others are not. But frankly it’s the only avenue open to you. There is a risk with this. I imagine you have been fined £660 (plus surcharge and costs) for each offence. The offence attracts a fine of 1.5 week’s net income and where the court has no information about the defendant’s means a default figure of £440pw is used.  If the prosecutor is not prepared to play ball you can revise your pleas to guilty. A sympathetic court should give you the full discount (one third) for your guilty pleas in these circumstances but they may reduce the discount somewhat. The prosecution may also ask for increased costs (£90 or thereabouts is the figure for a guilty plea). So it may cost you more if you have a decent income (I’ll let you do the sums). But MS90 is an endorsement code which gives insurers a fit of the vapours. One such endorsement will see your premiums double. Two of them will see many insurers refuse to quote you at all. So you really want to exhaust every possibility of avoiding them if you can. One warning: do not pay solicitors silly money to defend you. Making an SD before a solicitor should attract just a nominal sum (perhaps a tenner). That’s all you should pay for. You have no viable defence against the FtP charges and any solicitor suggesting you have is telling you porkies. The offer to do the deal is easily done by yourself and you can save the solicitor’s fees to put towards a few taxis and increased insurance premiums if you are unsuccessful. In the happy event you find out you were "dual charged", let me know and I'll tell you how to proceed. (Seems a bit odd hoping you were charged with four driving offences rather than two, but it's a funny old world!).    
    • Just the sort of people you despise eh Jugg  You would be much happier among your mates in that room with Rayner begging for votes 
    • I see the trial of the real criminal in the Biden Family has started rather than the sham political persecution of Trump    Biden will of course try to distance himself as far as possible to no avail  Even more votes for The Donald🤣    
    • Savings platform Raisin UK is offering a £50 bonus for new customers who sign up for an account.View the full article
    • With Farage back in the news, here's a reminder of his interview with Claire Byrne on Irish TV a few years ago.  
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£20 Penalty fare on Southeastern train.


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Hi I was given a £20 penalty fare at dartford station for trying to use my oyster card. I used my oyster card at my local station Bexleyheath to get on a train to dartford as I got off at dartford and approached the barrier there was no oyster sign to put it on so I asked the staff at the barrier where I could pay to get through with my oyster, he replied I cannot use my oyster and he had to fine me.

 

I told him that there was no information about oyster cards not being allowed at the train station ( I checked national rail and southeastern) I the asked if I could just buy a ticket to get throug the barrier he didn't say anything and just asked for my details.

 

Can I be fined for using my oyster card at one station and trying to use it at the next station? I don't see how I can be fined as I had paid on my oyster to board the train at my local station and I had enough money to pay for a ticket to pass through. I was not planning in getting the train back as a friend of mine wad going to drive me home later.

 

Should I pay the £20 or appeal or not pay at all?

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I'd pay up, I dont know about South Eastern trains but on my local line C2C there are big posters nearly everwhere you look showing a simple diagram of where you can and cant use Oyster, these have recently been changed to include some further Esssex stations but even then you cant travel to them on a standard Oyster you need to buy an extension to top it up, so whewn/if dartford did become part of the Oyster zone you would still need an extension and so your Oyster still would of been invalid.

 

The fact you swiped in is irrelevant, after all, you could swipe in at Kings x and then travel to Edinburgh.

 

It really is upto you to check whether your Oyster will cover you to your destination especially if it is outside the greater london area.

 

Having said all that, their website is not that clear on the subject, I had to specifically seartch for 'oyster' and even then all it told me was

We accept season tickets on Oyster on our network (within the valid zones) and Oyster pay as you go (PAYG) within the travelcard zone area. which still isnt that clear, they should follow C2C's exam-le and provide a map http://www.c2c-online.co.uk/travel_information/general_ticket_information/transport_for_london/using_oyster_payg_on_c2c

Edited by andydd
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Just because you had credit on your Oyster Card is niether here nor there. Unfortnuately it's merely electronic credit that only gets received by whomever it's owed (TfL and TOCs more than likely). In other words although in your mind you had paid for your journey, it doesn't get spread throughout the relevent companies. I'd appeal if you feel hard done by, but I feel it'll fall on deaf ears.

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What is a pity there is that you will also be hit for the maximum oyster fare of £7.40 for not touching out. That's in addition to your £20 fare.

 

I have read that there are very specific criteria that have to be fulfilled at your boarding station for penalty fares to apply and many stations don't fulfill that. Department for Transport Penalty Fare rules 4.21 to 4.23.

 

See if your station fulfills these criteria and if not, put in an appeal based on that. I don't think that there is any further penalty if your apppeal is rejected. You'll still be £7.40 down on the Oyster though.

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What is a pity there is that you will also be hit for the maximum oyster fare of £7.40 for not touching out. That's in addition to your £20 fare.

 

I have read that there are very specific criteria that have to be fulfilled at your boarding station for penalty fares to apply and many stations don't fulfill that. Department for Transport Penalty Fare rules 4.21 to 4.23.

 

See if your station fulfills these criteria and if not, put in an appeal based on that. I don't think that there is any further penalty if your apppeal is rejected. You'll still be £7.40 down on the Oyster though.

 

Heres a little hint, if you didnt have much money on your Oyster and it shows you are minus £6 or something, chuck it in the bin and buy another, they cost £3 :)

 

Andy

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Heres a little hint, if you didnt have much money on your Oyster and it shows you are minus £6 or something, chuck it in the bin and buy another, they cost £3 :)

 

Andy

 

Unfortunately it never works that way Andy. For a start, you need to have £2 or so on the card to have the gate open or the Oyster reader to beep. You can't get Oyster to start a journey with 0, you have to have that minimum amount. But nobody ever has the minimum amount. So if you had £3 on there, touch in, don't touch out you'll actually be £6 down. So you might save £1.40 but then have to go and find a new Oyster.

 

They have it all worked out.

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Unfortunately it never works that way Andy. For a start, you need to have £2 or so on the card to have the gate open or the Oyster reader to beep. You can't get Oyster to start a journey with 0, you have to have that minimum amount. But nobody ever has the minimum amount. So if you had £3 on there, touch in, don't touch out you'll actually be £6 down. So you might save £1.40 but then have to go and find a new Oyster.

 

 

 

They have it all worked out.

 

 

I quite often have the minumum amount on there which will allow you to travel which is 1.80 i believe so you can save more than 1.40 and it only takes a few seconds to buy a new oyster and it can actually be quicker than topping up an existing one.

 

 

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I quite often have the minumum amount on there which will allow you to travel which is 1.80 i believe so you can save more than 1.40 and it only takes a few seconds to buy a new oyster and it can actually be quicker than topping up an existing one.

 

 

£1.80 minimum fare plus £3 for a new Oyster is £4.80. Are there any journeys on Oyster which cost more than that? And then do those stations have no barrier at the end you are disembarking?

 

I love a good bending of the rules but I don't think that that is a very good fare evasion strategy.

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The smallest adult single fare is £1.30 for a single zone outside zone 1. The deposit is actually £5 now, although there are still some vending machines at Underground stations that sell you a card with £2 PAYG balance for £5. The maximum charge varies depending on whether it is peak or off-peak and whether you can reach the extra zones (7, 8 or 9) without touching out and in again. Thus in a lot of areas it is actually only £6.50 peak or £4.40 off-peak, being the fares for a six zone journey including Underground within zone 1.

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