Please help me. Unfair train fine !!!

ryantcb

When revenue issue a penalty the have to confirm the identity of the person in question. They do this via databases. The person would of had to give without hesitation their full name date of birth and full address with post code(not easy to make up on the spot). This would then be checked and verified. So assuming these standard check were made then the person in question is either
a)you
b)your girlfriend
c)a close family member
the chances of it being a complete stranger are 4% at best.
The final possibility is that the whole thing is bogus, when you call to question the letter do you find the number yourself or use the one atop of the letter? It is probably more likely that its a scam and just pishing for every 1000 letters they send out 1% pay without hesitation.

Good luck

shaun_from_Africa

The person would of had to give without hesitation their full name date of birth and full address with post code(not easy to make up on the spot). This would then be checked and verified

Ticket inspectors can ask for your details, but as already stated, they can ask as much as they like but if you don't give them they can't detain you or force you give the info. All they can do is to radio for a police office to meet the train.
Even if you give details, how can they possibly verify them if you don't have id on you? There is no requirement to carry any id whilst in the UK.

give without hesitation their full name date of birth and full address with post code(not easy to make up on the spot)

And how about if it is a foreigner, someone who doesn't speak English, someone who doesn't have a place of residence in the UK, someone staying in a hotel etc.

ryantcb

shaun_from_Africa wrote: »

And how about if it is a foreigner, someone who doesn't speak English, someone who doesn't have a place of residence in the UK, someone staying in a hotel etc.

I think your clutching at straws. If the person didnt speak english they would have been arrested. Then your probably talking a court appearance. As I said it was either you your gf or close family member. All information given is relayed to a police database and checked against financial records council tax benefit claims DVLA records and all things available to the police. It is impossible to lie as when you do they know as the checks would come back false.

I work with revenue inspectors

shaun_from_Africa

I think your clutching at straws. If the person didnt speak english they would have been arrested

I didn't know that not being able to speak English was a criminal offence. Not giving the correct details is an offence, but failing to speak English isn't.

I work with revenue inspectors

In which case I would have assumed that you'd have known that not having a valid ticket is a civil offence, and not a criminal one, so if someone was arrested, what would they be charged with?

ll information given is relayed to a police database and checked against financial records council tax benefit claims DVLA records

This still doesn't answer the question I asked earlier.

I don't have a police record, I don't have a UK residence, I don't pay council tax and am not on the electoral register.
If I was to give my name, how could a ticket inspector verify who I was?
And another mistake. Yes, they can check the electoral register, but they cannot check police records, financial records, benefit claims etc. (These are protected under the DPA)

ryantcb

Many people believe that failing to buy a railway ticket and subsequently travelling on a train does not amount to a criminal offence. Train operators are taking railway fare evasion incredibly seriously. What's more, a conviction for travelling without a valid train travel ticket is a criminal offence. Not only will a successful prosecution lead to a genuine criminal conviction, as it is a crime of dishonesty. you are required by law to provide name and address.

Optimist

I'm guessing that the rail company in this instance are using the Railways Act of 1898 which makes fare evasion a criminal matter. Buying a ticket for less than the stated cost and getting issued with a penalty fare comes under later legislation and is a civil matter.

The above civil matter becomes a criminal matter if you fail to supply the correct address to a "authorised person" asking for your details and that is why you will find the railway police waiting for you at the next stop.

mamabuddah

I'd be trying to find out if any of my "friends/acquaintances" had a day out on the train on that date.....lol...

shaun_from_Africa

Travelling without a valid or incorrect ticket may lead to the issuance of a penalty ticket (as laid out by the The Railways (Penalty Fares) Regulations 1994).
Provided that you accept the penalty charge ticket, you are not guilty of a criminal offence .
If you fail to pay this penalty, you are still not guilty of a criminal offence. (details of the act below)

Recovery of a penalty fare as a civil debt

8. The amount of any penalty fare charged in accordance with these Regulations and rules and not paid within the period specified in rules in accordance with regulation 4(4) may be recovered from the person charged as a civil debt.

You've still not commented on all the other points I raised such as:

All information given is relayed to a police database and checked against financial records council tax benefit claims DVLA records and all things available to the police

Which is absolute rubbish, and

If the person didnt speak english they would have been arrested

Who would arrest them? and for what? Giving false details is an offence, but failing to speak English isn't.

ryantcb

theres no smoke without fire

ryantcb

The penalty is a civil debt but failing to provide correct details is a criminal offence