Penalty fare NOT MY SON

[dvdbabe]

Hi all

 

My son has received a penalty fare notice letter from revenue protection support services based in Portsmouth, saying that he travelled from Lancing to Shoreham (southern railway) and did not have a ticket on 28/11/12

 

The problem is my son (17yrs) does not go out unless he is with me or his dad and I know he was asleep all day as I was home with him

(he was up all night gaming have that as evidence on his playstation gamer log thing)

 

Obviously i have no evidence to show that he was in bed or with me as we were both at home.

 

Pluss as my son said why would he go to either lancing or shorham he does not know any one there or even where it is, even though it is just down the road.

 

Does anyone know how the appeal process works and what I can do?

 

any help advice would be great.

 

Thanks in advance.

[honeybee13]

Hello and welcome to CAG.

 

It may be quiet here for the next day or two due to the time of year, but I'm sure the guys will help when they're able to get here. We've seen this before, they will know what to suggest that you do.

 

In case it's relevant, which train company are we talking about please?

 

My best, HB

[honeybee13]

Hello again.

 

Another thought for you. Are all the details of the name and address correct on the letter?

 

We've had one or two cases here where someone has been impersonated, you should find them if you do a Search of the forum.

 

HB

[Conniff]

I would say you don't appeal, You write using recorded deliver mail, a letter stating that your son was at home on that day and you have witnesses to prove it. If they want to pursue this then they 'must' provide proof that it was your son.

 

You don't have to prove it wasn't, they have to prove it was.

[dvdbabe]

Southern railway i think is the local operator.

I will also be popping to the police station on Monday when it opens just to see if they can do any thing as technically its identity theft or giving false information to a ??? someone lol.

Have an idea who it could have been as there are only about 4 people who know my sons name and his address.

[dvdbabe]

I

 

You don't have to prove it wasn't, they have to prove it was.

 

thats what i thought,

[Conniff]

You or your son have nothing to lose by passing your suspicions on to them and let them sort it out. It won't be him losing a mate as someone who would do this is not a mate.

[dvdbabe]

this is not a mate.

 

thats what he said

[lookinforinfo]

I wouldn't be surprised if the railway company have a CCTV picture of the person who they caught so Connif's suggestion that they prove it is a good one.

[Old-CodJA]

If this case started out as a Penalty Fare Notice, your son should write to RPSS and inform them as Conniff suggests, that this was not him and that he can prove his whereabouts for the whole day.

 

He should ask them to send a clear photo-copy of the Notice, which they claim was signed by him, within 7 days and if the have no clear evidence of identity check proving the alleged offender was him, that he will not be responding further..

 

You can counter sign the letter, but it's worth remembering that if he is over 17 and a half, they can proceed to issue a summons if they believe that their evidence stacks up.

 

There is no harm in going to the Police, but they will almost certainly tell you that there is nothing that they can do to help I'm afraid. The incident occurred on a Railway and therefore it will be under British Transport Police (BTP) jurisdiction

 

CCTV is only retained for a relatively short time unless there is another, more serious, incident recorded during the same time period and if so, the images may have been retained by BTP

Edited December 30, 2012 by Old-CodJA

[dvdbabe]

contacted British Transport Police and they said that i have to contest the letter first then if the fare company takes it further they may get involved!!

[Old-CodJA]

contacted British Transport Police and they said that i have to contest the letter first then if the fare company takes it further they may get involved!!

 

Yes, just as I expected, Police will not get involved in what is, at this stage, a civil matter.

 

A Penalty Fare is a Civil Remedy and only if it remains unpaid and unresolved so that it escalates to issue of a summons does it become a criminal matter.

 

I recommend that your son writes as suggested earlier.

 

Don't expect any help from BTP if this isn't resolved easily either, but if Southern cannot prove your son was the alleged offender I expect they will close the file and mark it 'Victim of Impostor'.

 

Good luck

Edited December 30, 2012 by Old-CodJA