Please help me. Unfair train fine !!!

Equaliser123

mttylad wrote: »

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.

The not entering further correspondence is bad advice. Part 1 of the Civil Procedure Rules requires the parties to cooperate and to take steps to avoid litigation.

DVardysShadow

withabix wrote: »

...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).

If it is the magistrates', then the standard of proof is 'on the balance of probability'

DVardysShadow

Equaliser123 wrote: »

The not entering further correspondence is bad advice. Part 1 of the Civil Procedure Rules requires the parties to cooperate and to take steps to avoid litigation.

Hmm. This is not helped by the fact that it can go down the civil or the criminal track . What would be awful is to assume it is civil and end up in the criminal track after having dealt with it as a civil matter.

withabix

DVardysShadow wrote: »

If it is the magistrates', then the standard of proof is 'on the balance of probability'

No, that's only for civil law cases.

Criminal law cases are ALL 'beyond reasonable doubt', whichever court they are heard in.


If this got to court (civil or criminal), it would be thrown out, because Grand Central can't possibly have any evidence.

sirmarcus

Can't beat a nice & healthy debate ? Shame that Untd won !;)

unholyangel

Not sure if its the same for train operators but i know if you dont pay a taxi fare, its a "civil" matter and not criminal.

Even if the train attendant did ask for ID, not everyone carries this with them and AFAIK, train attendants arent one of the people you HAVE to show ID to by law.

I'd agree it isnt a "fine". Its an invoice. Similar to a "penalty charge notice" that people receive whem parking in supermarket car parks that are privately owned.

Write to them asking for proof it was your girlfriend. If they cannot provide this, ask them to ask the train attendant for a description (i may just be being hopeful but surely they dont give out THAT many "fines" do they? and it may help your girlfriend recognise who has given her details).

Money_User

sirmarcus wrote: »

Can't beat a nice & healthy debate ? Shame that Untd won !;)

Which CEO should the op email Sirmarcus?

Zandoni

I remember now, she was at your house with many other members of the family.

Now all she needs to do is write to them and give them the names of the people she was with.

Equaliser123

DVardysShadow wrote: »

Hmm. This is not helped by the fact that it can go down the civil or the criminal track . What would be awful is to assume it is civil and end up in the criminal track after having dealt with it as a civil matter.

If it is criminal, then there must be a caution given.

I think this is civil.

shaun_from_Africa

Even if the train attendant did ask for ID, not everyone carries this with them and AFAIK, train attendants arent one of the people you HAVE to show ID to by law.

Correct, which is why if the attendant thinks that you are showing false id or a fake ticket/travel pass, they can ask for id and if you refuse to show it, all they can do is to call ahead and try to get a policeman to meet them at the next station.