£80 penalty for not using oyster correctly on DLR

[misvra]

Hello,

 

A few days ago I travelled to City airport with the DLR. I changed at Shadwell but I didn't swipe my oyster card at this station as there are no barriers there. I never use the DLR and I certainly didn't know the importance of touching your oyster card in and out at all times.

 

 

When I arrived at the airport an inspector checked my card and gave me a penalty of £80 (£40 if I pay in 21 days). I didn't complain or tried to explain as it was early in the morning, was half asleep and also had a flight to catch. To be honest with you I thought that I wouldn't pay it anyway and I would give her a false adrress.

 

 

I stupidly enough showed her my passport and she wrote down my name, then I gave a wrong adrress and I also signed.

 

 

When I had a closer look at the ticket a few hours later I realised that maybe I wouldn't get away with it as easily as I had though as she also wrote down my passport number and date of birth!

 

 

I am angry with myself for not paying attention first of all and for not trying to defend myself or apologise as I could have avoided the penalty and pay the maximum charge instead. On the other hand the lady inspector didn't seem to be in a helpful mood at all. Someone else checked my card on the train as well and didn't say anything (?) and also I had enough funds in my payg card, and my travel history can show that I never use the DLR !

 

 

A friend of mine had a similar situation but didn't show any id, just gave a false adrress and nothing ever happened. My passport however is EU but not British and I'm not a "settled" person here. I was wondering if I ignore the whole thing what could happen to me...I don't know whether the inspector has my oyster details in her machine but I could buy a new one not registered. Most of all I'm trying to understand how avoiding paying the penalty will affect me under these circumstances rather than seeking tips not pay it. (Although they would be welcome )

 

cheers

Edited May 23, 2014 by citizenB

[honeybee13]

Hello and welcome to CAG.

 

So did you get a penalty notice on the day please and how long do you have left to pay it? I expect the forum guys will be along later with advice for you.

 

Edited to add: the purpose of this forum is to help people who have legitimate reasons not to pay fines or to explain the system to people who don't understand it. We're not here to help anyone 'get away with it' and would not condone giving a false address. In your place I would concentrate on working with the system to get the best result, rather than concentrating on what you think DLR's inspector did wrong, it doesn't seem to help.

 

That said, let's see what the guys think.

 

My best, HB

[BazzaS]

Hello and welcome to CAG.

 

So did you get a penalty notice on the day please and how long do you have left to pay it? I expect the forum guys will be along later with advice for you.

 

Edited to add: the purpose of this forum is to help people who have legitimate reasons not to pay fines or to explain the system to people who don't understand it. We're not here to help anyone 'get away with it' and would not condone giving a false address. In your place I would concentrate on working with the system to get the best result, rather than concentrating on what you think DLR's inspector did wrong, it doesn't seem to help.

 

That said, let's see what the guys think.

 

My best, HB

 

I think that if the OP pays the penalty, they'll never have reason to realise that a false address was given.

 

Did they give you a penalty fare notice, containing a reference number?

If not, and they said "we'll write to you", then they were going to report you for consideration of prosecution, but they write to you to get "your side" first. You won't receive that letter (unless you can get it from the "false address", unless you can contact them and tell them you've moved!)

The difficulty you face now is that you otherwise may have to let on that you gave a false address .

 

If the penalty isn't paid, that the false address is reason to support a S5(3)a RRA 1889 charge, as well as being a separate offence in itself (under S5(3)c)

 

http://www.legislation.gov.uk/ukpga/Vict/52-53/57/section/5

 

It may take a while for them to catch you, but do you really want to be always "looking over your shoulder, waiting for the axe to fall"

 

It may be that you currently intend to return to your EU home state, but how sure are you that your plans won't change?.

[JohnSwansea]

Agree with the comments above. When issuing penalty fares they take your address so they can chase you for payment (and possibly prosecute you) if you dont pay.

 

If all that has happened so far is that you have been given a penalty fare, pay the £40 asap and that is very likely to be the last you will hear about it.

[JoeyJoeC]

I have occasionally swiped in through barriers, and not known it didn't actually go through. The barriers sometimes stay open long enough from the person in front to make you think that it worked. When I couldn't get out again, the staff let me out.

 

Are you on a season ticket or PAYG?

[misvra]

I have a PAYG card which actually had credit in it. The inspector could have charged me the maximum charge which would be fine and I think she could see in her gadget that I never use the DLR. Anyway, she just completed my name, address, passport number in her booklet and gave me the receipt. I also signed this thing !!

[misvra]

My problem however is not the fake address as I can pay for it online..

[BazzaS]

My problem however is not the fake address as I can pay for it online..

 

It IS the fake address as a problem, if you choose not to pay it ............

[PresleyPlays]

What exactly is the "story" here. Just pay the £40 and get it over with. Otherwise you'll quite rightly be in bigger trouble apropos the false address.

 

And of course you always have to tap in and out. Just because no-one's minding the shop, you still have to pay. That attitude and defence is never going to stand up to any reasonable citizen let alone judge.

[Old-CodJA]

What exactly is the "story" here. Just pay the £40 and get it over with. Otherwise you'll quite rightly be in bigger trouble apropos the false address.

 

And of course you always have to tap in and out. Just because no-one's minding the shop, you still have to pay. That attitude and defence is never going to stand up to any reasonable citizen let alone judge.

 

 

 

Absolutely spot-on.

 

As a footnote, it is worth remembering that giving a false name or address is probably the MOST stupid thing that anyone can do in this situation.

 

With all the options available these days it is so much easier to make checks and follow these things up than it was say 20 years ago and once traced a Summons will be issued.

 

Giving false details (name or address) makes it perfectly clear to any Magistrate that the traveller INTENDED not to pay. That ramps the offence up to another level and conviction carries not only a fine, but also a criminal record.