Please help me. Unfair train fine !!!

mountainofdebt

sirmarcus wrote: »

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.

OMG !

A reply from sirmarcus that

a) is sensible

b) doesn't contain the email adress of the CEO

Keep it up Sirmarcus!

barbiedoll

My sister was fined on a train a couple of weeks ago. The inspector asked for her name and address but not for any I.D.

They have no proof that it was your gf on the train, anyone could have given them her name and address. She has you as a witness to say that she was nowhere near Doncaster on that day, can anyone else say that they saw her on the day in question? (her mum, dad, friends etc)

I can't see how they can proceed with this, if they have admitted that they didn't request I.D at the time of the fine, that's their problem.

sirmarcus

mountainofdebt wrote: »

OMG !

A reply from sirmarcus that

a) is sensible

b) doesn't contain the email adress of the CEO

Keep it up Sirmarcus!

Always here to help :rotfl:.

WestonDave

If she uses her mobile a lot, it may be worth phoning the mobile operator, explaining the situation, and seeing if they have any records they can provide of where her mobile was being used that day - i.e. what "cells" it was in etc. I don't know if this is possible, but its got to be worth a try. If they can provide something it may be enough to prove that at the time they claim she was on the train, she was elsewhere - i.e she was in London at a point when she would have been supposedly getting on the train in Doncaster. (I guess the train co might try and claim it was someone else using the phone etc but at that point you would simply have to say to the train company that you aren't paying, you will see them in court and it will be down to them to prove she was on that train in front of a judge).

moonrakerz

1. It isn't a "fine" - that can only be imposed by a Court.
2. Contact your MP - you will be amazed at how quickly this will be resolved.
3. Your local paper might be interested - or The Daily Mail !!

DCFC79

The train operator need to prove it was your gf who was on the train so get the TO to provide proof or get in contact with you local MP and explain what you have said here

Equaliser123

sirmarcus wrote: »

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.

a) Guilt doesn't come into this - it is a civil matter.
b) They don't have to provide CCTV footage etc. They have been provided with details. That in itself is 'evidence'.
c) OP's girlfriend would do well to try and find some evidence that she was elsewhere.

withabix

DVardysShadow wrote: »

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.

...except of course in a Criminal court, the standard of evidence required is also different.

GC would be required to prove beyond reasonable doubt that it was the OP's girlfriend on the train.

They won't be able to do that, unless they took a photograph and have witnesses (who aren't their employees).

noakesc

Thanks for all the help everyone.

Just to remake a point in my original post, my girlfriend was not on the train and therefore they cannot in any possible way, prove that she was.

I will take the advice of others, of when writing to them the situation in better detail and denying payment (good or bad idea?), to also request that all further correspondence is in writing.

Charlie
* Just to add, she didn't withdraw money on this day (we don't think) and therefore cannot prove this as a reason for our appeal. I will also happily be a witness (as I am sure would her dad), if it was necessary and it got to that stage.

mttylad

Just write back to them, tell them it was not her and that until they can prove otherwise you will enter into no further correspondence on the matter.