Train Fare-No ticket fine - please help!

wealdroam

McKneff wrote: »

Hope you're not an Studying Engish......................

What???????

Livingthedream

poorgirl-54 wrote: »

The only things is that person somersetboy, didn't update to say what action he took next.

He got his Appeal upheld see here , the bit that he hasn't updated is whether he got his original fare back, basically 'wanting his cake and eat it' but if you don't ask? eh! , but send him a PM if you want more help.

If they do issue you with a final letter stating that they will take legal action if not paid, then you have 2 basic choices.
1. Pay up.
2. Write a letter back to IRCAS, East Coast and Passenger focus explaining your intentions to defend this in a court of law, with the defence that the East Coast fast ticket Machine 'malfunctioned' and you can prove by credit/debit card payment, your East Coasts online account that you purchased a ticket, also that you have the reservation ticket and receipt that you get from the machine (I hope you still have these??).

Understand this, option 2 runs the risk that they will take you to court, so only take this course if you understand the risks involved.

Alexis27

What precisely is the penalty for? Not paying, or not being in possession of a printed ticket?

Crabman

I told her the machine ony printed this, she said i was being dishonest, - she humiliated me infront of everyone.

There was a libel (slander) case which LIDL settled out of court (four-figure sum) a few months ago where someone was grabbed by the arm by a member of staff and falsely accused of theft. Damages were for defamation of character.

I'm not saying your circumstances are the same but I bet it would make them sit up and take notice if you're being pushed around

Livingthedream

Alexis27 wrote: »

What precisely is the penalty for? Not paying, or not being in possession of a printed ticket?

East Coast don't operate a Penalty fare system, so the OP got an Unpaid fare Notice (for the price of a full undiscounted single).

This was issued due to the fact that the OP didn't have a valid ticket when the train manger asked to look at them;

The train manager then gave her the following options;
Buy a full undiscounted single ticket.
Or be Issued an Unpaid fare notice.

Livingthedream

Crabman wrote: »

I'm not saying your circumstances are the same but I bet it would make them sit up and take notice if you're being pushed around

'Intimidated and Bullied' would be words I would use in any letter of complaint.

AlexisV

so the OP got an Unpaid fare Notice

So, because the fare was actually paid and this has been explained, the best option would be to ignore and wait for any word from court in my opinion.

Livingthedream

AlexisV wrote: »

So, because the fare was actually paid and this has been explained

The orginal fare, the one the OP got from the ticket machine has been paid, the Unpaid fare notice their still chasing the OP for that. IIRC

AlexisV wrote: »

the best option would be to ignore and wait for any word from court in my opinion.

Not really, the OP needs to be proactive, as the train company/IRCAS could cancel the Unpaid fare Notice (civil debt) and file a 'Fail to show a valid ticket' contrary to National Railway Byelaw 18.1 (2005) which is a criminal offence.

So it's in the OP's interest to prove that she's not at fault by questioning the train companies' 'standards and practices'. Therefore, putting the element of doubt on the train company, which in theory would make it harder for the train company to win in civil court.

AlexisV

I was under the impression our OP had written to them with proof already and they are just not listening.

Ignore the civil court aspect - nothing will come of that. The only issue is mag's court, in which case you say they are going for Byelaw 18.1. Either way, I don't see what else the OP can do. They have proof of purchase in any case. At the end of the day, the journey was paid for.

Livingthedream

AlexisV wrote: »

I was under the impression our OP had written to them with proof already and they are just not listening.

That's right, the train company are saying the original ticket was invalid and a new ticket was required and that their never wrong and like a PPC are trying to bully the OP into paying.

AlexisV wrote: »

Ignore the civil court aspect - nothing will come of that.

Hopefully your right and by the OP writing letters to all parties stating her intentions, it will go via the train companies' solicitors who will hopefully give a thumbs down and cancel the Unpaid fare notice.

AlexisV wrote: »

The only issue is mag's court, in which case you say they are going for Byelaw 18.1. Either way, I don't see what else the OP can do. They have proof of purchase in any case. At the end of the day, the journey was paid for.

This is the final role of the dice for the train company and the way the bylaw is written there's no defence for it, cos either you show a valid ticket or you don't. But luckily this bylaw is only used for true fare evaders, which I personally think the OP isn't and hopefully common sense will prevail.