Merseyrail byelaw- Bailiff threat!

[Sharon141]

Hi, I really hope someone can help me - this is my first time using this site.

 

Last August I was approached by 2 Merseyrail byelaw officers, and asked to remove my foot which was resting against the metal bar of the chair in front. I immediately apologised and did so. However they then sat down and questioned me and read me my rights. I repeatedly apologised and asked if I was in trouble and was told no.

 

I know this topic has been covered before here but it was the first time Id ever heard of this and I didn't take it too seriously at first. I was annoyed and bemused by the whole thing. Due to this when asked for my address I gave an old one, however he checked this by phone and made no comment. I know this was stupid with hindsight but I really didn't know who these people were or what was going on.

 

After we got off the train they chatted quite informally and told me not to worry. I then said I was in the process of moving house and did they want my new address, he said no and not to worry. I then asked what would happen if I didn't receive the letter they sent and he shrugged and said it didn't matter then. I was stressed about this for a while but heard nothing...

 

However yesterday I received a threatening letter from a bailiff company and a fine for £435 to be paid within 7 days!! I called the number and the woman was horrible and unhelpful and said it was because I had failed to respond to previous letters from Merseytravel, I explained that I hadn't received any and they must have gone to my previous address but she said that was tough basically and demanded payment.

 

What can I do??! I know I made a mistake but £435 for the tip of my foot on a bar is excessive surely!? I simply cannot pay this - please can someone help me?

Edited April 15, 2012 by honeybee13
Editing in some spacing for ease of reading.

[honeybee13]

Hello and welcome to CAG. I'm sorry to hear about your problems.

 

I guess your post hasn't been forwarded from your old address? I'm not one of the experts, but it sounds to me as if this has gone to court and been decided in your absence with no input from you. I think there may be some action you can take, but as I'm not sure I won't speculate and I hope the guys will be along later.

 

Is there anything in the letter that might help us to advise you?

 

My best, HB

[Sharon141]

Hi, thank you for getting back to me. The letter says that there has been a Magistrates Court order as consequence of the nonpayment of the fine. It says they have confirmed that this is my address and that as I have failed to deal with the fine or respond to letters to this and/or my previous address (although I haven't had any to this address) then the bailiffs will attend to remove goods for sale and levy distress! I cant believe this is happening :o(

Thanks for your help and kind words

Sharon

[Old-CodJA]

You need to contact the Court to make a Statutory Declaration to the effect that you did not know of the prosecution proceedings until the Bailiffs contacted you.

 

There is an offence of knowingly giving false details in order to avoid a liability. From your post it is clear that at the time you were interviewd, you did knowingly give false details when asked for your address. You gave an old address.

 

You are 'between a rock and a hard place' to some extent. If you ask for the case to be re-opened the prosecution may start again and you will certainly be asked why you gave a false address.

 

If you do not ask for the case to be re-opened in front of the Magistrates you need to find £435 very quickly

[Sharon141]

Hi, thanks for your advice. I don't even know which court or when - hopefully I can get some more details when offices open tomorrow.. Might I be liable for court costs and expenses then? It seems crazy to have got to that stage without me knowing a thing about it. Id happily pay the original fine, I have to admit my foot was touching the bar, stupid I know but I cant get away from that. Would object to paying court costs and bailiffs expenses tho :o( What might I face for giving false details? I just panicked, had no idea who these people were and suddenly I'm being read my rights! I knew they weren't Police and to be honest I was reluctant to give my details out, just because these people wore a uniform. I didn't realise at that stage I was in trouble or there would be repercussions - I just figured he was a jobsworth and exerting a bit of power... Guess its a hard lesson to learn. Afterwards though he did say not to worry and didn't want my other address, I wish Id insisted, but I cant prove he said that..

[SRPO]

There will be a reference number on the letter, ring HMCTS central accounts & they can tell you which court dealt with the offence & when.

[Sharon141]

Hi, thank you, I will try that then.. Thanks all for taking time to respond to me, much appreciated

[honeybee13]

Please let us know how you get on, Sharon.

 

HB

[Sharon141]

Thanks Honeybee, I certainly will do - cheers

[Ganymede]

Hi, I really hope someone can help me - this is my first time using this site.

 

Last August I was approached by 2 Merseyrail byelaw officers, and asked to remove my foot which was resting against the metal bar of the chair in front. I immediately apologised and did so. However they then sat down and questioned me and read me my rights. I repeatedly apologised and asked if I was in trouble and was told no.

 

I know this topic has been covered before here but it was the first time Id ever heard of this and I didn't take it too seriously at first. I was annoyed and bemused by the whole thing. Due to this when asked for my address I gave an old one, however he checked this by phone and made no comment. I know this was stupid with hindsight but I really didn't know who these people were or what was going on.

 

After we got off the train they chatted quite informally and told me not to worry. I then said I was in the process of moving house and did they want my new address, he said no and not to worry. I then asked what would happen if I didn't receive the letter they sent and he shrugged and said it didn't matter then. I was stressed about this for a while but heard nothing...

 

However yesterday I received a threatening letter from a bailiff company and a fine for £435 to be paid within 7 days!! I called the number and the woman was horrible and unhelpful and said it was because I had failed to respond to previous letters from Merseytravel, I explained that I hadn't received any and they must have gone to my previous address but she said that was tough basically and demanded payment.

 

What can I do??! I know I made a mistake but £435 for the tip of my foot on a bar is excessive surely!? I simply cannot pay this - please can someone help me?

 

 

If you have a bit of a Goolge some people have challenged these fines and have won but to do that woul dbe a huge risk.

 

I live on Merseyside and got done by Merseyrail for the same thing last year and had to pay the £50.00. I was so annoyed but mainly with myself as there are signs up all of the train...

[Sharon141]

Thanks Ganymede, I know exactly what you mean!! Well after a horrendous few days I think its all been resolved - I spoke to Merseyrail prosecutions yesterday and also went to the Court which dealt with the complaint - I had to go back again this morn first thing to swear an oath (statutory declaration) that I didnt receive the notifications in the post and didnt know about the court dates or action, which of course was true. Ive been back in touch with Merseyrail and they said that they will send me another court date but I will have the option to settle out of court and pay a fine..Also the bailiff action is on hold and they should close this when the court notifies them formally of todays events.. So all in all a huge sigh of relief!!! Have been so stressed out and upset by all this, headaches still not quite lifted :o) However thanks again to you for taking the time to help and offer advice - really meant a lot to me at the weekend whilst I was waiting for places to open and get this sorted. Cheers