First capital connect fine help!

[EMOSELEY]

I arrived at city thameslink to find that the ticket that I was going to use has been left at home. (my husbands ticket, which I was told last year I could use infrequently by a ticket guy on the train when I showed it to him with my husbands photocard on it). I only saw that guard a couple of times and not seen him since he said it, will they believe me? if not what should I say?

 

I was spoken to by a ticket inspector, he said I could not pay the penalty fine, they would send out a form for me to fill in.

 

A couple of months later I get a letter saying they are going to take me to court, and asked me to put my side accross. I filled this out saying I had left the ticket at home, and I would have paid the fine if the inspector had let me.

 

They sent another letter saying they are still going to prosecute.

 

I am scarred stiff as if I get a criminal record I will lose my job.

 

I have tried and tried to ring them but it always say nobody can take your call and you cannot leave a message.

 

I am having sleepless nights worriying about this as if I lose my job I will lose my house.

 

I have been advised by the train guards to read the passengers charter, which states that if you don't have a valid ticket you wlll have to pay a £20 fine, but I was not allowed to pay the £20 fine by the inspector?

 

Can anyone help me out here:

It state you pay a penalty fare, why was I not allowed to pay this?

How can I stop this going to court if I can't speak to them?

When am I likely to go to court? This happened in August?

Never been in trouble with the law before, will I get a conviction?

Help.

Edited November 7, 2011 by EMOSELEY
re-wording.

[honeybee13]

Hello there, welcome to CAG.

 

I expect the guys will look in later on, as and when their day jobs permit. I think they may need to ask more questions, but I can think of a couple that might help.

 

What type of ticket was it please? And does it need a photocard to go with it?

 

It might also help if you could use the Edit Post button at the bottom right hand side of your message and put some paragraphs in for us. Making it easier to read is likely to get you more help.

 

My best, HB

[SRPO]

It would appear you have been reported for fraudulently using your husbands season ticket.

They wont believe that a member of staff said you could use it 'infrequently'.

All you can do now is wit for the letter to arrive.

[EMOSELEY]

I just said the ticket I was going to use was at home!

The main problem I have is that I was not allowed to pay the £20 fine, which is what it says on the trains and in the passenger charter?

I often see guards on the trains in the afternoon selling tickets to people who were obviously able to buy tickets at the start of their journey and didn't.

Why do they get away with it?

[Old-CodJA]

Where evidence suggests that deliberate avoidance of fare is proveable, a penalty notice will not be issued. You cannot pay a £20 Penalty Fare where no notice was issued.

 

If you did not show a valid ticket and claim that you had left a season ticket at home, but did not hold a season ticket in your own name, it is clear that you attempted to avoid the fare due.

 

You need to put your replies in writing to ensure that there are no misunderstandings by either party.

 

The rail company have up to 6 months from the date the alleged offence was detected in which to put the allegation before a Magistrates Court

[Old-CodJA]

I often see guards on the trains in the afternoon selling tickets to people who were obviously able to buy tickets at the start of their journey and didn't. Why do they get away with it?

 

How do YOU know that they "were obviously able to buy tickets at the start of their journey and didn't"

 

Where did they travel from?

What facilities were available to them?

 

Not being able to buy a ticket because of genuine problem is a heck of a lot different to travelling on a train without a valid ticket and when questioned, telling an inspector that you had 'left your ticket at home when you did not possess any such season ticket isn't it?

[MrGates]

I suggest you forget about why you wasn't offered a penalty fare as these are issued for a whole range of different scenarios which sadly doesn't apply in this situation and concentrate on the issue of you forgetting your husbands season ticket. How many times is infrequent? Does your husband know you infrequently use his season ticket? If you have read the passenger charter you should also read the national conditions of carriage in relation to the transfer of tickets.