Non payment fare

[scruffaduff]

Over Christmas I went to see my son in Cornwall.....I purchased a return ticket online and got the tickets through a couple of days later.....I went down fine......but on my return thinking the tickets were still in my pocket....got on the train and set off home

When the ticket inspector came round dug in my pocket for the ticket and it wasn't there....searched everywhere but could not find it......I told him that I had prepayed but must have lost the tickets.....so he issued me with a non payment ticket

When I got home I sent a copy of this ticket and a copy of the original email that I had fron the trainline showing that I had indeed paid for the fare on the train that I was travelling on...so I appealed

Got a letter back this morning saying that because I had not got a valid ticket to travel...the appeal was unsuccessful and that I had to pay £161....even though I had already paid the train company

I could understand it if I had no intention of paying...but I had already paid and issued proof of that

 

My question...is this right...should I pay or should I go to court

 

I really don't understand why I should have to pay again...when I was on the correct train on the correct day that I had already paid for

 

Any help would be much apprciated.....I have 14 days to pay this penalty charge

[Old-CodJA]

You don't say which rail company you were travelling with and although the legislation is the same for all of them, some companies may be a little more lenient than others

 

The difficulty that you have is that if you do not pay and they decide to prosecute, they do not need to prove that you did not pay, or intended to avoid any payment.

 

There is a strict liability offence of 'fail to show a ticket' when asked, which is contrary to National Railway Byelaw 18.2 [2005]

 

Unfortunately, it is a little bit like any other retail transaction. If I go and buy a toaster from a major store and lose it on the way home, that is my responsibility. I have to go and buy another one before I can make the toast. That isn't intended to sound unsympathetic, but is a statement of fact and I'm sorry, but know it isn't very comforting.

 

A receipt, or booking confirmation is not acceptable as a travel ticket and will say on it 'NOT VALID FOR TRAVEL' or words to that effect. This is to ensure that one person does not pay one fare, get a ticket and reciept and then pass one or the other to a friend to travel without paying.

 

You could write to the company again asking them to review the matter and see if they will close it administratively, but they are not forced to agree.

Edited February 1, 2013 by Old-CodJA

[scruffaduff]

Thanks for that....the train company was Crosscountry

 

All seems a bit crazy..when I can actually prove that I paid for the jouney I travelled

[sailor sam]

Thanks for that....the train company was Crosscountry

 

All seems a bit crazy..when I can actually prove that I paid for the jouney I travelled

 

That may be your opinion but as OC points out, you must be able to produce a valid ticket when requested. Them's the rules i'm afraid.

[Feebee_71]

Consider that some advance tickets can be refunded and you'll then be able to understand why a booking confirmation is not sufficient proof - there is nothing to say you didn't indeed purchase a ticket but then get a refund but then use the email receipt to travel with (am not trying to say you did this).

 

From what I've read on this forum I'd pay now while they are offering an administrative penalty rather than risk being taken to court and getting a criminal record and a fine larger than they are currently asking for!!

 

Feebee_71

[Grotesque]

Thanks for that....the train company was Crosscountry

 

All seems a bit crazy..when I can actually prove that I paid for the jouney I travelled

 

You can prove you paid for the ticket. You cannot prove you were entitled to be on that train. Only the ticket itself could do that, and you could not show it. End of.