£48 fine for 'Fare Evasion' - Advice?

DWatts

On the 14th this month I boarded a train from Parson Street (Bristol) to Highbridge (a small town in Somerset). Both stations have no ticket machines and are unmanned, so I have to buy a ticket on the train journey whenever I travel.

The inspector arrived and I tried to pay for my ticket, £5.35 with my 16-25 railcard, with my Visa Barclaycard. However the machine declined my card. I tried my backup debit card (A Llyods TSB graduate account Visa), which was also declined. I tried my Barclaycard again and the same happened. Usually I would have cash as a backup, but on this occasion I didn't - so I had no way to pay the fare.

The inspector took my details and I heard him mention about the full fare (he didn't actually explain anything, he just took my details and left), so I assumed I would get a letter asking me to pay the full price of the fare (£8.10). Today I received a letter asking me to pay £48.10 - £8.10 for the fare and £40 for an 'administration fee'.

I should clarify that both my cards are fine. I have checked with both issuers and have been told they were not cancelled at any point, and I have since used both on the train - so the card reader the inspector was using was at fault.

This is the letter in full:

It has been brought to our attention that on:
Date: 14th December 2011
You traveled by train from: Parson Street
to: Highbridge
And did not pay the correct fare for the journey made.

It is the policy of First Great Western to prosecute all offenders for fare evasion. Offenders are normally charged under Section 5(3) of the Regulations of Railways Act 1889 and (or) the Railway Byelaws. The maximum penalty for this offence is a fine of £1000 and/or 3 months' imprisonment.

After giving the matter due consideration, we are prepared to conclude this matter upon payment of £48.10. This represents the outstanding fare of £8.10 plus an administration cost of £40.00. (We must advise you, however, that should any similar offence be brought to our attention in the future, we will have no hesistation in authorising the matter for prosecution)

Payment should be sent to this office within 14 days of receipt of this letter, and may be by cheque or postal order payable to First Great Western Trains and crossed account payee. Plese quote the reference number at the top of this letter when sending payment. Should you wish to pay by debit card or credit card, please telephone the number shown at the top of this letter. Please do not send cash. Failure to pay may result in legal action being taken to recover the debt.

All I can find advice for online is Pentalty Fares, but since the letter makes no mention of this I assume this is something different.

I'd appreciate anyone's advice on the fine, specifically whether there's any way to avoid paying it. Obviously I'll pay rather than try and get into a legal fight with them (regardless of who's in the right), but my rail journeys are usually expensive enough without a ridiculous £40 'admin charge' thrown on top for their mistake.

Weird_Nev

Write a letter back explaining the problems with the card machine, that you made every ettempt to pay at the time, and that you are more than happy to pay the correct fare. I can't see they'd persue a fine in those circumstances. Make it clear that it was THEIR equipment at fault.

flutterbyuk25

Did the inspector give you a declined card receipt? If so scan a copy and send that with your appeal

Good luck

DWatts

vax2002 wrote: »

If you are NOT prepared to do this, then you are wasting everyone's time on here.

If I'm 'wasting your time' feel free to just not reply. I'm not prepared to go to court over £48. I'd lose that taking the day off work, assuming I wouldn't lose and pay an even greater fine.

I am considering writing a letter along the lines of that Nev, as (from the sounds of the letter) the inspector didn't give them any details about the situation and I've got thrown in with people who have no intention of paying. I was mostly posting here to see if there was any kind of precedent for similar cases that I could reference in my response.

And unfortunately I didn't get anything from the inspector, the card just declined and didn't print out any receipt. Then he asked for my provisional driving license, wrote some stuff down from it, muttered something about paying the full fare and then left.

vax2002

You have 2 choices, FIGHT or PAY, you have decided to PAY
Problem solved, this forum is for people who need help with problems, not a winging about what hardship you have had.
You have my sympathy if that is what you came for.
If its advice : Next time carry enough cash to pay for the fare as a back up plan, you will save £48.

Livingthedream

Very Strange, as Parson street isn't a Penalty fare area you should have been issued with an Unpaid Fares Notice for you to pay at the first opportunity, just a couple of questions that might help others on this forum or another that I'll give below;

1. Did the inspector give you any paperwork at the time of the incident?
2. Did the inspector give you a caution ie anything you say......blah....blah.....blah

Try also reposting on the CAG(Trains,tubes & Buses) forum as there the subject experts on this type of fare problem.

vax2002

Livingthedream wrote: »

Very Strange, as Parson street isn't a Penalty fare area you should have been issued with an Unpaid Fares Notice for you to pay at the first opportunity, just a couple of questions that might help others on this forum or another that I'll give below;

1. Did the inspector give you any paperwork at the time of the incident?
2. Did the inspector give you a caution ie anything you say......blah....blah.....blah

Try also reposting on the CAG(Trains,tubes & Buses) forum as there the subject experts on this type of fare problem.

He has rebuffed that approach and said he will pay...

DWatts

You pointed to no legal reason as to why they should not charge the administration fee or why I could not be prosecuted for fare evasion, should I go to court. Basically you suggested I go to court with absolutely no legal case, and if I don't I'm just whining. I'm not willing to lose a day's work (i.e. more than the fee) and face a criminal record for £48 - sorry if it insults you that I'm being rational about it.

Also:

vax2002 wrote: »

He has rebuffed that approach and said he will pay...

No I said that your approach (i.e. going to court) was stupid.

Livingthedream wrote: »

Very Strange, as Parson street isn't a Penalty fare area you should have been issued with an Unpaid Fares Notice for you to pay at the first opportunity, just a couple of questions that might help others on this forum or another that I'll give below;

1. Did the inspector give you any paperwork at the time of the incident?
2. Did the inspector give you a caution ie anything you say......blah....blah.....blah

Try also reposting on the CAG(Trains,tubes & Buses) forum as there the subject experts on this type of fare problem.

Yes when I was looking at Penalty Fares I found that Parson Street wasn't a penalty fare area. I actually figured I was just being put down to pay the fare at a later date, which is why I didn't really question it at the time.

I got nothing from the inspector in terms of paperwork. He took down details from my provisional license (my name, the number from it, my address and telephone number), said something about the full fare, and left. There wasn't a mention of anything else (such as a caution).

Thanks for the link though - I'll have a try there too.

Livingthedream

vax2002 wrote: »

He has rebuffed that approach and said he will pay...

That's the OP's prerogative, but as the OP mentioned

Offenders are normally charged under Section 5(3) of the Regulations of Railways Act 1889 and (or) the Railway Byelaws

There is a set procedure to follow to evoke this Act or byelaw and it doesn't look like it this has happened or we haven't been told the full story. Either way there's still time to appeal this without it going to court.

vax2002

You have a very strong legal case to go to court with.
Which is exactly where you will be going if you dont pay, either civil or criminal, the choice is theirs.
What exactly you are hoping someone will tell you leaves me baffled, do you want to hear the legal implications of this, or what you want to hear ?
You have said you dont want to do court, you have answered the question yourself 100%, you will be paying £48.

DWatts

vax2002 wrote: »

You have a very strong legal case to go to court with.
Which is exactly where you will be going if you dont pay, either civil or criminal, the choice is theirs.
What exactly you are hoping someone will tell you leaves me baffled, do you want to hear the legal implications of this, or what you want to hear ?
You have said you dont want to do court, you have answered the question yourself 100%, you will be paying £48.

If I do, you haven't said what it is and are acting as if you have. But let me spell it out for you:

I earn about £50 a day. If I pay the fine I'm down £48. If I win the court case I'm down £50. If I lose the court case I'm down over £100 ('up to £1000') and have a criminal record for fraud.

Not sure why this is hard for you to understand. If the fine was £1000, then I would probably argue the case in court, but if the best case scenario of fighting it is that I'm worse off then what, exactly, is the point? Regardless, enjoy your sense of superiority because I won't bother responding to you any further.

I'm very grateful for those who have replied and offered advice, and sorry this got derailed by vax.