National Express threatening court action Help!!

silkyuk9

I can understand where somepeople are coming from when they say she did not have her rail card to prove etc...

however, she had to produce her rail card when she first bought the ticket.

In this day and age when we can verify nearly everything is just a shame that they will give no leway when we can produce all the facts. I cannot believe that they would go to court over this.

If she had used the ticket to buy more than one person cheaper fares i agree there is a law being broken.

I might have to pay it, and if i cannot get any joy within 7 days i will have to but i have a few more days to protest or seek further help.

JanetG

The terms and conditions are pretty clear on this. She has to carry the railcard on the train along with the ticket.

http://www.16-25railcard.co.uk/terms_conditions.htm#3

6. You must carry your Railcard with you on your journey and when asked by rail staff, you must show a valid ticket and valid Railcard. If you fail to do so, you will be required to pay the full price Standard Single fare for your journey as if no ticket was purchased before starting the journey and in some cases a Penalty Fare. This does not apply if there was no ticket office at the station at which you began your journey or if the ticket office was closed and there was no ticket machine from which you could buy a discounted ticket

Hintza

Neil_B wrote: »

- and quite rightly! So how does it apply here?

Neil I took London Transport all the way to the ombudsman once for a penalty of £10. I fought it tooth and nail over a period of months. I still believe I was in the right but the hassle, time and aggravation involved was just not worth it in the end. The reply was all the same...OK I could have gone to court but you have to prioritise your life and pick the battles you fight.

Sure the OP can fight it but they might have better use of their time.

Think JanetG post covers it.

sarah_elton

silkyuk9 wrote: »

that is exactly what im going to do! (i have 7 days to pay)

I cant believe there are people on here (even though i have thanked them) that cannot except that we are human beings, and now and again we tend to forget minor details. Is this correct that we have to be punished for minor forgetfullness that we can later prove??

We live in a sad world if that is the case.

Everyone makes mistakes. But in this case, it means you have to pay extra. I can't understand why you're kicking up such a fuss.

I commute to work by train so have an annual season ticket. This is recorded on the computer system. If I forget my season ticket though, I have to buy a return fare for that day of £27 odd. Conditions of rail carriage say I have to be CARRYING my ticket (plus photocard). Just like your daughter has to be CARRYING her ticket and YP railcard. It's the same with train tickets that are only valid with a seat reservation slip.

National Express are quite good, and will refund annual season ticket holders for returns bought due to forgotten season tickets a maximum of two times in any 12 month period. They are under no obligation to do this. However, due to changing handbag/coats I've managed to do it three times in the last year so had to fork out £27 odd.

It's my own fault for not making sure I had my ticket with me BEFORE leaving for the station. I kick myself but there's nothing to be done about it.

bargepole

sarah_elton wrote: »

It's my own fault for not making sure I had my ticket with me BEFORE leaving for the station. I kick myself but there's nothing to be done about it.

There is one thing you can do about it - stop using these train companies and their ridiculous fare structure / idiotic conditions of carriage, and maybe they'll stop being so arrogant and realise that without paying passengers, they don't have a business.

Come to think of it, I really don't know why anyone uses public transport at all, you always get there quicker and in more comfort by car, as Jeremy Clarkson and the team prove every week on Top Gear!

robt_2

You must carry your Railcard with you on your journey and when asked by rail staff, you must show a valid ticket and valid Railcard. If you fail to do so, you will be required to pay the full price Standard Single fare

The above is perfectly clear. Do you think you and your daughter are different to everyone else in the country and that rules do not apply to you?

Make your daughter pay it (it is her fault) and put it down to experience.

Neil_B

Hintza wrote: »

OK I could have gone to court but you have to prioritise your life and pick the battles you fight.

Sure the OP can fight it but they might have better use of their time.

I agree - but it doesn't make me feel any happier about a situation where an apparently honest person has made a mistake.

personally i don't think they will be going to Court anytime soon. More likely it will be passed to a DCA who will start adding various 'costs' and continue to persist. They might then go to cort when they have something worth getting. Then again they may go straight away.

I just feel that we live in a terrible age where not only are these ridiculous rules being applied to decent people but that so many people are so accepting of it.

cheap_charlie

silkyuk9 wrote: »

I can understand where somepeople are coming from when they say she did not have her rail card to prove etc...

however, she had to produce her rail card when she first bought the ticket.

In this day and age when we can verify nearly everything is just a shame that they will give no leway when we can produce all the facts. I cannot believe that they would go to court over this.

If she had used the ticket to buy more than one person cheaper fares i agree there is a law being broken.

I might have to pay it, and if i cannot get any joy within 7 days i will have to but i have a few more days to protest or seek further help.

I have to respectfully disagree with the part of your post I have bolded.

You can buy a ticket online and they take it on trust that you do have a valid railcard - there is no way of proving when you buy the ticket that you actually have one or not.

This is why its imperative that you must have your railcard when you travel - to verify that you are entitled to the lower fare.

I do feel sorry for this girl and think National Express are being a little heavy handed, but the rules are pretty clear about having to have your railcard when you travel.

moonrakerz

The rules are quite clear; for your discounted ticket to be valid you must have a valid railcard on you.
This because you do not have to show your railcard to buy a discounted ticket - if you buy over the web this is obviously impossible.

The bottom line is that when you buy a ticket, or a railcard, you agree to the Railway company's Ts & Cs. If you then break them, you have no case.

silkyuk9

Thanks for all your replies from today. I have read all of them.

i think its just a little unfair when national express do know my daughter has a rail card. This is fact, they are aware of it, they have tracked it and its valid.

This being the case is what upsets me.

Im going to have to pay the fine i know that, but what niggles me is in this day and age with all technology we have we cannot get any leway from a company who admit they know mt daughter has a rail card which is valid.

If my daughter had travelled illegally and bought a ticket knowing that she did not have the concession, and got caught i would have said 'ok, you have to pay the fine' i would have no hessitation in admitting she was wrong and has to pay the penalty.

But when this can be proved on the spot i just think that is a wrong way to go about it.

You live and learn, thanks for all your replies.