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Smoking Fine
Mods. Please move to relevant forum section if I've posted on the wrong board.
Hi there. I was looking for the relevant section to post this under but i couldn't find any. I searched for smoking fines and the poster was referred to this section.
I received a letter from East Coast Railways (Debt Recovery & Prosecutions Unit) for smoking on one of the platforms in Newcastle when i was down for the weekend. The letter is dated the 11th Nov and it says I have to make payment within 7 days ( I always leave things until the last minute).:undecided If not paid within 7 days i could be fined up to £1000 and /or 3 months imprisonment depending on circumstances.
On the letter it gives me no option on how to pay this fine. Also there's no email address or telephone number. It says, because i am a first offender with this office, they will settle for an out of court settlement of £105. I think this is a bit steep, considering it says on the East Coast website £50 fixed penalty notice.
What I am after is a contact address for this department.
I've just lost my job and there is no way i can afford the full fine in 1 payment, will they accept small installments?
Thanks
Hi there. I was looking for the relevant section to post this under but i couldn't find any. I searched for smoking fines and the poster was referred to this section.
I received a letter from East Coast Railways (Debt Recovery & Prosecutions Unit) for smoking on one of the platforms in Newcastle when i was down for the weekend. The letter is dated the 11th Nov and it says I have to make payment within 7 days ( I always leave things until the last minute).:undecided If not paid within 7 days i could be fined up to £1000 and /or 3 months imprisonment depending on circumstances.
On the letter it gives me no option on how to pay this fine. Also there's no email address or telephone number. It says, because i am a first offender with this office, they will settle for an out of court settlement of £105. I think this is a bit steep, considering it says on the East Coast website £50 fixed penalty notice.
What I am after is a contact address for this department.
I've just lost my job and there is no way i can afford the full fine in 1 payment, will they accept small installments?
Thanks
RBS Overdraft - £700
Vodafone - £509
Orange - £516.39
Total Due
£1725.39
Vodafone - £509
Orange - £516.39
Total Due
£1725.39
0
Comments
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Mods. Please move to relevant forum section if I've posted on the wrong board.
Hi there. I was looking for the relevant section to post this under but i couldn't find any. I searched for smoking fines and the poster was referred to this section.
I received a letter from East Coast Railways (Debt Recovery & Prosecutions Unit) for smoking on one of the platforms in Newcastle when i was down for the weekend. The letter is dated the 11th Nov and it says I have to make payment within 7 days ( I always leave things until the last minute).:undecided If not paid within 7 days i could be fined up to £1000 and /or 3 months imprisonment depending on circumstances.
On the letter it gives me no option on how to pay this fine. Also there's no email address or telephone number. It says, because i am a first offender with this office, they will settle for an out of court settlement of £105. I think this is a bit steep, considering it says on the East Coast website £50 fixed penalty notice.
What I am after is a contact address for this department.
I've just lost my job and there is no way i can afford the full fine in 1 payment, will they accept small installments?
Thanks
It seems strange in many ways, but no contact details?
This sounds a bit like Mersyrail's apparent £50 FPN for having your feet on the train's seats. There is NO fixed Penalty Notice (FPN) for smoking, and certainly not one a Train Operating Company (TOC) can issue outright. The deal breaker in the letter they sent you was the out of court settlement bit. They probably say they issue £50 FPNs in order to scare people in to not doing it on their stations etc.
It's a bit cheaky to basically ask for you to settle out of court, as this could be seen as extortion, surely? Usually admin fees are mentioned instead. What they're are basically say is pay us £105 or we'll see you in court (Byelaw 3.1). How were you dealt with and by whom? If you were issued with any form of Fixed Penalty on the spot, I'll eat my right arm! Judging by your post though, I think my arm is safe.
For this charge to stick, they would have had to have spotted you smoking very near to signage to the contrary, and ideally would have asked you several simple questions.
One thing you mustn't do is ignore them, as they have the upper hand here, and probably the evidence too. If you do get sumonsed to court, you won't pay £1,000, but more than likely at most £100 or so, depending on your plea (plus costs and victim surcharge) and employment status etc (you'll need to submit a form that tells the court of the means you have coming in each month...It's a means form). It is a criminal matter as it's a breach of byelaw, so bear this in mind. The cheapest way in the long run would be to give them what they want.
I'd ask to pay installments, as some TOCs do allow this. I'd also ask them what FPN they can issue for smoking, and who supplies them with them (council or Police).0 -
You could try one of the following;
Revenue Protection Support Services (RPSS), PO Box 89, Portsmouth. PO1 1EG. 02392-778748
East Coast Customer Relations Freepost RRZG-ZZZX-LKXK Newcastle upon Tyne NE1 5DN 08457 225 333
I'm very shocked that a letter demanding money doesn't have any means of how to pay it, now I'm no solicitor but this looks like a huge administrative error, which could be constrained as a loop hole to get the fine dropped.
But as I said I'm not a solicitor and it's a very loose opinion.Whoa! This image violates our terms of use and has been removed from view0 -
How did they know who you are?0
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It seems strange in many ways, but no contact details?
This sounds a bit like Mersyrail's apparent £50 FPN for having your feet on the train's seats. There is NO fixed Penalty Notice (FPN) for smoking, and certainly not one a Train Operating Company (TOC) can issue outright. The deal breaker in the letter they sent you was the out of court settlement bit. They probably say they issue £50 FPNs in order to scare people in to not doing it on their stations etc.
It's a bit cheaky to basically ask for you to settle out of court, as this could be seen as extortion, surely? Usually admin fees are mentioned instead. What they're are basically say is pay us £105 or we'll see you in court (Byelaw 3.1). How were you dealt with and by whom? If you were issued with any form of Fixed Penalty on the spot, I'll eat my right arm! Judging by your post though, I think my arm is safe.
For this charge to stick, they would have had to have spotted you smoking very near to signage to the contrary, and ideally would have asked you several simple questions.
One thing you mustn't do is ignore them, as they have the upper hand here, and probably the evidence too. If you do get sumonsed to court, you won't pay £1,000, but more than likely at most £100 or so, depending on your plea (plus costs and victim surcharge) and employment status etc (you'll need to submit a form that tells the court of the means you have coming in each month...It's a means form). It is a criminal matter as it's a breach of byelaw, so bear this in mind. The cheapest way in the long run would be to give them what they want.
I'd ask to pay installments, as some TOCs do allow this. I'd also ask them what FPN they can issue for smoking, and who supplies them with them (council or Police).
Hi. Thanks for the quick reply.
I can't really remember much about the incident (I was quite intoxicated by this point) apart from being taking aside by a gentleman in a yellow hi-vis on my way up the ramp to cross the track (probably BTP). I was drunk, however i wasn't rude in any way and answered every question he threw at me. He basically just asked me my personal details and said i will be fined. He didn't hand me anything personally.
Do you suggest i wait until i receive another letter?RBS Overdraft - £700
Vodafone - £509
Orange - £516.39
Total Due
£1725.390 -
How did they know who you are?
Was thinking the same myself..They must have approached him or something to be able to get a name and address.
And stop smoking on stations. You are not allowed to smoke on any station including open platforms."If you no longer go for a gap, you are no longer a racing driver" - Ayrton Senna0 -
I'm just confused and concerned a bit here. Was their letter even on headed paper?Hi. Thanks for the quick reply.
I can't really remember much about the incident (I was quite intoxicated by this point) apart from being taking aside by a gentleman in a yellow hi-vis on my way up the ramp to cross the track (probably BTP). I was drunk, however i wasn't rude in any way and answered every question he threw at me. He basically just asked me my personal details and said i will be fined. He didn't hand me anything personally.
Do you suggest i wait until i receive another letter?
It wont have been BTP, as I doubt they'd waste their time, and generally speaking they wont use the TOC to prosecute, but the CPS. If they supplied no contact details, how do they expect you to reply? You could use this argument, or you could do some digging. Call customer services?0 -
Jeff_Bridges_hair wrote: »Was thinking the same myself..They must have approached him or something to be able to get a name and address.
And stop smoking on stations. You are not allowed to smoke on any station including open platforms.
I was unaware of what I was doing at the time. Jager seems to have this effect on me.
It won't be happening again i assure you, I quit smoking 3 days ago.
It proved to be an expensive habit.RBS Overdraft - £700
Vodafone - £509
Orange - £516.39
Total Due
£1725.390 -
Can you not write back and say you have no idea how they got your details, did they check your id etc? This sounds a little dodgy to me tbh, are you sure there is no contact details/address etc - if there isnt i wouldnt be sending them money.Grocery Challenge - Jan £4.42/£200.00
Up my income - £124.00/ £11,000.0 -
I'm just confused and concerned a bit here. Was their letter even on headed paper?
It wont have been BTP, as I doubt they'd waste their time, and generally speaking they wont use the TOC to prosecute, but the CPS. If they supplied no contact details, how do they expect you to reply? You could use this argument, or you could do some digging. Call customer services?
It has the East Coast Logo printed on the top if that's what you mean.
Its also got a reference number. I guess I'll have to send them a letter tomorrow asking about the payment or call customer services like you said.
Thanks for all your help and I will make sure to post if and when I hear anything back.
:money:RBS Overdraft - £700
Vodafone - £509
Orange - £516.39
Total Due
£1725.390
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