Please help me. Unfair train fine !!!

noakesc

Hello,

I have always used MSE as a good source of info, although I have never got around to joining the forums. My girlfriend is currently ripping her hair out about an unfair train fine and I don't know what she sould do.

The company is Grand Central Rail and the fine is regarding a trip from Doncaster to Kings Cross. They claimed she made this trip and was stopped by an attendant and found she had no ticket. She then gave her name and address to be later made to pay the fare.

First off, she was never on this train, has never used this train company's services and has never been to Doncaster. She has spoken on the phone to the company who claim that the attendant didn't do an I.D. check of the person, but would have done the essential checks (probably little checks, or nothing). Although we have appealed like crazy they are demanding that we pay the fine, or show that she was not on the train that day.

This to me sounds absoloutly crazy and unbelievable unfair as surely they would have to prove we was on the train, not the other way around?

What should we do? Has anyone ever had this problem or a similar one from this company before?

I really need your help.

Thank you,
Charlie N

The fine is for £45 but I think it goes up.

lucylucky

noakesc wrote: »

Hello,

I have always used MSE as a good source of info, although I have never got around to joining the forums. My girlfriend is currently ripping her hair out about an unfair train fine and I don't know what she sould do.

The company is Grand Central Rail and the fine is regarding a trip from Doncaster to Kings Cross. They claimed she made this trip and was stopped by an attendant and found she had no ticket. She then gave her name and address to be later made to pay the fare.

First off, she was never on this train, has never used this train company's services and has never been to Doncaster. She has spoken on the phone to the company who claim that the attendant didn't do an I.D. check of the person, but would have done the essential checks (probably little checks, or nothing). Although we have appealed like crazy they are demanding that we pay the fine, or show that she was not on the train that day.

This to me sounds absoloutly crazy and unbelievable unfair as surely they would have to prove we was on the train, not the other way around?

What should we do? Has anyone ever had this problem or a similar one from this company before?

I really need your help.

Thank you,
Charlie N

The fine is for £45 but I think it goes up.

Are you saying that someone has stolen her identity for the purpose of avoiding the fine?

Can she show where she was at the time in question?

Sambucus_Nigra

noakesc wrote: »

or show that she was not on the train that day.

Where was she? Can she prove it?

noakesc

Thank you for the quick replies already.

This is what we are not sure about. We don't see how it is possible for anyone to get hold of any card with her name and/or address on it. Surely only a passport or driving license would be enough to prove this. Both of which she has and could not have been used.

Secondly, we cannot prove what she was doing that day. There is nothing major we did that day which would warrant a receipt to prove this. How else we can prove this I do not know, as it was back on the 16th Feb, a fair time ago.

*This thread might also be in the wrong section (I am not sure). If a moderator can move it if necessary, that would be good.

squeaky

Check things like credit card, bank, and phone statements. If she bought anything that day (in Lands End, Cornwall for example ), or used the home phone close to the time, they'll have a hard time proving she was on the train.

McKneff

So I presume that this came through the post, did it.

If no ID fraud, it could have been one of her friends/workmates
who knows her name and address and gave her details to the inspector.

There must be some way to prove she was elsewhere, surely

noakesc

squeaky wrote: »

Check things like credit card, bank, and phone statements. If she bought anything that day (in Lands End, Cornwall for example ), or used the home phone close to the time, they'll have a hard time proving she was on the train.

She pays with everything with cash, she doesn't keep bank withdrawal statements and she lives with her parents so the home phone might be pointless. Even still, she uses her mobile for all her calls.

It is possible for someone to use her information, but that makes no sense. That means that tomorrow I can go on the train to somewhere nice and give someone elses information (which I know off by heart). That surely is not right, no?

Its all making no sense to us. We don't know if someone used her information, got hold of something with her name and address on, or what. The company can't give any information like this on each individual case, they just say there was checks performed as in all these circumstances.

I will try to upload the letter they sent her later on, just in case that would help.
* Before anyone asks, she is currently off work and therefore can't even prove she was at work that day.

wealdroam

I think I would be asking the train company to prove that she was on the train that day.

Train co have already said they didn't do any id checks, so how can they conclusively prove that the person they challenged was your gf?

Keep everything they send you.
Maybe write to them and insist that everything is done in writing from now on.

DVardysShadow

You are correct, the onus is on the train operator to prove that she was on the train. If this were a civil court matter, you would write to GC and ask them to provide all the evidence they have that she was on the train. Unfortunately, GC may take this to a criminal court, where the rules for evidence are different and they will not provide their evidence until just before a hearing, thus being able to ambush you. I suggest you visit a solicitor and work out exactly what she was doing on the day in question. Don't worry too mch about the proof - just get the old memory going

wealdroam

noakesc wrote: »

...she doesn't keep bank withdrawal statements

Does this mean she doesn't keep the cash machine slips, or that she doesn't keep bank statements at all?

If she used a cash machine that day, her bank will be able to confirm that with a duplicate statement and say where the cash m/c was. If she can't remember whether she did or not, get a dup statement to find out.


As an aside, probably a good idea to keep bank statements for a few months.

sirmarcus

She is innocent until proven guilty so ask the rail company to provide quantifiable evidence; for example CCTV footage, how the rail guard/attendant proved the person's identity, etc. Let the rail company answer. If they can't provide any evidence, just politely decline to pay the fine until they can substantiate their claim.