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    • I received PCN's from TFL and Southwark. 08/06/19   I spoke with Southwark regarding PCN's and thought it was sorted.   Didn't hear anything back until 17/01/20 when my car was taken by Marston EA.   TFL & Marston say they sent letters but have no proof.   I emailed TFL (19th June) through their online portal and again, via email on (14th Nov 2019) < the email on 14th has been viewed 17 times but no reply.   (so I have proof of contact, they don't) I asked them if they send via recoded delivery/signed for but they do not.   When my car was taken, I received a call from a friend saying it's on the back of a truck, outside his house (which is round the block from mine).   I ran round there and the EA was aggressive, shouted at me and refused to show ID/why he had taken my car.   I complained to Marston who denied it but sent me some of the footage.   I complained again through resolver.co.uk and Marston lied again.   Then I sent ALL my info and evidence etc.   They then took a few weeks and called me saying sorry and taking full responsibly for their EA's aggressive behaviour etc.   TFL are still refusing to comment.   Marston offered me £250 as a goodwill payment but obviously the pain and trauma causes - that doesn't cover it.   The police were called when they took my car cause I was so distressed and having a panic attack etc.   I've requested the phone call recording where they accepted guilt and that they had handled everything badly, including lying about the video on Resovler.   I feel like Marston know they've done wrong, but TFL still aren't in the know. (to my knowledge)   Also, I requested info from TFL via whatdotheyknow.com and TFL did a data protection breach by uploading my full details including address etc. to a public forum (and I didn't even ask anything specific about my case) so I feel like they did this out of spite/anger.   the www.whatdotheyknow.com team reprimanded them for this and advised me to complain.   I also paid £800+ to retrieve my vehicle and I have completed the OOT which was denied. I tried to take it to court but when I tried to do the 'low income' thing but they wanted bank statements which I couldn't get... then corona happened.   I've downloaded/uploaded the ZIP file from Resolver convos.   Basically; regarding the footage: my initial message to them, I made myself seem unaware and 'stupid' so they wrote a generic reply telling me that 'the footage is fine and the EA did nothing wrong' so they can't uphold my complaint, then once they sent that; I sent them the CIVEA rulebook and timestamps in the video to show that they were in the wrong and had further lied in their official response (which must be illegal) so when they received the in-depth response, I think they got scared, went away for a couple weeks and tried to get the nice sounding woman to call me up, say sorry and be really nice then offer me a measly £250. She also tried to rush me into agreeing.   
    • No it was about under by a couple grand.    Cheers
    • yes. Did you earn over £12,500  with that employer during the year?
    • No it was 1250L I guess that's the tax allowance limit code?    Cheers
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Bargaingirl

Son was cautioned before he even set foot on train!

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Hi, I have disabilities not that it really matters in this case, but my son purchased a child ticket of £2.10 instead of adult £4.20 due to insufficient funds, he needed to get home to me quickly. The Collections Officer asked his name, age at first he did say he was younger, but panicked and said No I am sorry I am 18 but didn't have enough money for a adult ticket and need to get home to my mum. He was then asked his name and address and cautioned. By this time my son was in a real state and asked what it meant, the guy just chanted the caution again and said sign for your name and address and gave him slip of paper. All this before he even set foot on the train!. He was stopped at the barrier!

 

Is this fair should you get taken to court before even being told you have to pay a penalty fine.

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Hi, I have disabilities not that it really matters in this case, but my son purchased a child ticket of £2.10 instead of adult £4.20 due to insufficient funds, he needed to get home to me quickly. The Collections Officer asked his name, age at first he did say he was younger, but panicked and said No I am sorry I am 18 but didn't have enough money for a adult ticket and need to get home to my mum. He was then asked his name and address and cautioned. By this time my son was in a real state and asked what it meant, the guy just chanted the caution again and said sign for your name and address and gave him slip of paper. All this before he even set foot on the train!. He was stopped at the barrier!

 

Is this fair should you get taken to court before even being told you have to pay a penalty fine.

 

 

I understand that as you were not present, you can only go by what your son has told you.

 

You don't say which rail company this happened on, so we cannot say for certain whether this is an area where Penalty Fares can be applied, however in a case where an attempt to avoid the correct fare is evident, a penalty fare is not the appropriate response from any inspector.

 

Harsh though it may seem to some and I fully understand the financial difficulties that may face many people, but it is not the rail company's responsibility to carry any traveller who cannot pay the correct fare that is due.

 

An adult, over 18 years who attempts to avoid the correct fare in this way does commit a criminal offence. The legislation makes this very clear and Section 5.3 of The Regulation of Railways Act (1889) opens by saying 'If any person travels, or attempts to travel without having previously paid his fare and with intent to avoid payment thereof.......'

 

An attempt by an 18 year-old to use a child rate ticket, (valid only for persons from 5 to 15 years old inclusive) in order to travel, is an attempt to avoid his fare.

 

Any P.A.C.E trained inspector who detects an adult traveller attempting to avoid a fare is right to caution, question & report that matter.

 

You say that your son initially 'did say he was younger' and any attempt to mislead the inspector with incorrect details would further confirm the evidence to report the offence.

Edited by Old-CodJA

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Thank you for reply even though I didn't want to hear that answer, in black and white I know it is so :(

 

It was a Fcc train. Anyway I have called them and arranged an out of court settlement I certainly do not wish my sons life ruined by a lack of funds to pay £2.10

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Sounds like a good result in the end. Please also bear in mind, that most staff have heard all the excuses under the sun including being told they have to urgently get somewhere. The correct thing to do would have been to speak to staff and see if they could help, rather than evading the correct fare. They might be more accommodating that you or he believes they'd be.

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Just curious, and apologies for asking a theoretical if it's unwarranted but what happens if you get on a bus that doesn't move, get caught by a ticket inspector. You want to get off the bus before it moves but are forced to stay on board until it moves and thus have used services between stop A-B.

 

If you where allowed off but hadn't used any services does it still count (as a valid appeal against a fine)?

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Just curious, and apologies for asking a theoretical if it's unwarranted but what happens if you get on a bus that doesn't move, get caught by a ticket inspector. You want to get off the bus before it moves but are forced to stay on board until it moves and thus have used services between stop A-B.

 

If you where allowed off but hadn't used any services does it still count (as a valid appeal against a fine)?

 

I think once you get on the bus you showed intent on using there services

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