(Unfair) Unpaid Fare Notice: EastCoast Trains. What is my legal position?

[JunaidAnjum]

Hello

I was travelling from Cambridge to Blackburn on 18:01:2014 starting from Cambridge at 06:30 hrs.

I was required to change at Stevenage.

 

I reached Stevenage at 07:06 hrs and went to a different platform where the EastCoast train was due at 07:25 hrs.

Whilst climbing stairs I saw a lady struggling with her bags so I helped her.

She was also going to the same platform to get her 07:20 train.

 

Now when the 07:20 train arrived,

I picked her stuff and boarded the 07:20 train not realising that my train is at 07:25 and not the one that I was boarding.

 

When the ticket checker came he broke the news that I will have to pay £87 for a new ticket as the ticket I had was for 07:25 EastCoast train.

I tried explaining him that it was an innocent mistake that I made and I had no intention of boarding this train

as it would have increased my travelling hours but he didn't consider my words and issued me the Unpaid Fare Notice.

 

I think this is totally unfair and I shouldn't be required to pay such an amount for the mistake I made.

 

On several occasions I have witnessed that the passengers were required to leave at the next stop

as they were boarding an early train then the one they had bought ticket for.

 

Could anyone advice me the best approach in this case.

 

If I go to the Court, decision will be made by the law and the law is that if I am on a train I have to pay for the travel I make

so my chances of winning a legal battle seem slim.

 

What do you suggest?

 

Should I just pay and forget about the whole incident?

 

If I go to the Court and lose will I have to pay £87 or a different amount?

 

 

Any help will be highly appreciated.

Thanks

[firstclassx]

If it goes to court, (which it will if you don't pay), it is a CRIMINAL court, and you would be convicted.

 

It is your responsibility to have a valid ticket before boarding a train. In the case of advance tickets, the terms and conditions of these tickets clearly state they are only valid on the booked train, and BOOKED TRAIN ONLY is even printed on the front of such tickets.

 

Your "innocent" mistake could have been handled far better by you. In your own words, you waited until the ticket checker (conductor) came to you, you didn't immediately seek him out to explain your predicament.

 

The law (and case law) is very clear.

 

18. Ticketless travel in non-compulsory ticket areas

 

(1) In any area not designated as a compulsory ticket area, no person shall enter

any train for the purpose of travelling on the railway unless he has with him a

valid ticket entitling him to travel.

 

There are only 3 defences which can be used, none of which apply to you.

 

(i) there were no facilities in working order for the issue or

validation of any ticket at the time when, and the station where,

he began his journey; or

(ii) there was a notice at the station where he began his journey

permitting journeys to be started without a valid ticket; or

(iii) an authorised person gave him permission to travel without a

valid ticket.

 

Which brings us nicely to the enforcement action:

 

24. Enforcement

 

(1) Offence and level of fines

 

Any person who breaches any of these Byelaws commits an offence and,

with the exception of Byelaw 17, may be liable for each such offence to a

penalty not exceeding level 3 on the standard scale.

 

Level 3 is currently £1000 maximum, but that excludes court costs, compensation to the train company and a victim surcharge.

 

You should pay it up without delay, and then, and only then, contact the operator and see if they will make any allowances for you and make a refund, but they are certainly not obliged to, and IMO, shouldn't do so.

[dx100uk]

yes pay that sum quickly then appeal to their better nature.

 

dx

[JunaidAnjum]

Thank you firstclassx

Your comments have made the situation very clear! Thanks for the prompt response.

 

Thank you dx100uk

[Grotesque]

Mind you, I bet it puts you right off being the good Samaritan ever again, eh...?

[JunaidAnjum]

Mind you, I bet it puts you right off being the good Samaritan ever again, eh...?

No way! He showed his moral and I showed mine. His actions have costed me money. I cant let him destroy my ethical beliefs. All said ....... If I see him again ... It will be hard to control my anger. I will at least let him know what mean, ill mannered, money operated robot he is lolz ...