Southeastern Railway charge me £20 penalty fare

Jeff_Bridges_hair

Indeed. And get caught again and giving false details then you will be in a whole heap of trouble - not a £20 PF either.

yorkie2

appolons wrote: »

I was charged a £20 penalty fare before x-mas on Southeastern Railway. What happened was that I arrived at the station, there was rilway officer who did not let me through the gates like usually to buy ticket, but this time they charged me £20,
They asked full name and address like usually, these details i give was correct, but the date of birth i give was wrong so in case if i will not pay this fare, can they do something against me in court? Because the final Fine is quite big £1,000 in case if i don't want to pay in next 14 days.

I would definitely pay the £20 penalty fare. This is not a fine. If you are prosecuted and found guilty of fare evasion under the Regulation of Railways (1889) act, then you will receive a criminal record and a fine (probably not as much as £1,000 for a first offence though).

As for your account of "what happened", it makes no sense and all the important information is missing. Given that I have no information to go on I cannot comment on whether or not the Penalty Fare was justified. There is no constructive advice anyone can give you without far more information, other than to simply pay for the fare charged.

skint-student-nurse

spiro wrote: »

That would not work at my local station as you have to provide your address or they phone up and check the electoral register. If they can't confirm your name/address they are likely to call a BRTP officer.

Got it in one! they will also do this on the train as well if they are suspicious of the name/address you have given. DOB doesnt really come in to it.

appolons

Metranil_Vavin wrote: »

Good to see the trolls like to play on this board too

Not your business, who i'm troll or elf

fivetide wrote: »

Originally Posted by appolons
So i payed the damn penalty, didn't want to risk, but next time my name will be Rowan Atkinson from New York.
Great forum by the way.


Here's an idea... get a ticket before boarding and hey presto! No issues.

The best advice i have heard, you probably are genius!!!

Remember: penalty fares are a civil, not a criminal-matter.

Train companies often scare people into paying up by threatening prosecution and a criminal record. However, the legislation establishing penalty fares, the Railways Act 1993, section 130, states that apart from failing to give your right name and address, "nothing in this section creates, or authorises the creation of any [criminal] offence". The Penalty Fares Regulations 1994 state that "the recovery of a penalty fare is a civil debt". So even if after reading your letter the company still decides it wants the money, it has to sue you - probably not worthwhile for such a small sum.
Railway companies sometimes threaten people with the main criminal law against fare-dodgers, the Regulation of Railways Act1889. But this says there has to be "intent to avoid payment". You could argue that you haven't intended to avoid payment because you have, in fact, paid the full single fare.


And at my station they don't phone up and check the electoral register.

Livingthedream

appolons wrote: »

Remember: penalty fares are a civil, not a criminal-matter.

True, but they can easily end up in a magistrates court.

appolons wrote: »

Train companies often scare people into paying up by threatening prosecution and a criminal record. However, the legislation establishing penalty fares, the Railways Act 1993, section 130, states that apart from failing to give your right name and address, "nothing in this section creates, or authorises the creation of any [criminal] offence". The Penalty Fares Regulations 1994 state that "the recovery of a penalty fare is a civil debt". So even if after reading your letter the company still decides it wants the money, it has to sue you - probably not worthwhile for such a small sum.
Railway companies sometimes threaten people with the main criminal law against fare-dodgers, the Regulation of Railways Act1889. But this says there has to be "intent to avoid payment". You could argue that you haven't intended to avoid payment because you have, in fact, paid the full single fare.

Penalty Fares are way to deal with mistakes and keep these mistakes out of a magistrates court, but if you don't pay them then the Train Company has the option to cancel the Penalty Fare and Prosecute you under Railway Byelaw 18 'Failure to produce a valid ticket on request' this is a strict liability offence to which there is no defence.

appolons wrote: »

And at my station they don't phone up and check the electoral register.

Is that from past experience as you seem well versed in the art of fare dodging, I would be very careful as Train Companies are know to change there procedures from time to time and may just catch you out.

Stigy

There's no offence in supplying an incorrect DoB, in fact, you're not obliged to supply one at all! The reason being that there's enough detail in a name and address to be able to trace you. Be warned though, as has been said already, although the Penalty Fare is a civil matter, if it goes ignored, the TOC will cancel it and proceed with the initial Byelaw, which is a criminal matter.

Train companies often scare people into paying up by threatening prosecution and a criminal record. However, the legislation establishing penalty fares, the Railways Act 1993, section 130, states that apart from failing to give your right name and address, "nothing in this section creates, or authorises the creation of any [criminal] offence". The Penalty Fares Regulations 1994 state that "the recovery of a penalty fare is a civil debt". So even if after reading your letter the company still decides it wants the money, it has to sue you - probably not worthwhile for such a small sum.
Railway companies sometimes threaten people with the main criminal law against fare-dodgers, the Regulation of Railways Act1889. But this says there has to be "intent to avoid payment". You could argue that you haven't intended to avoid payment because you have, in fact, paid the full single fare.

Good old evening standard strikes again I see with it's misinformation.

ilovecandy

Hi i was living on a shoe string budget with only £60 spare a month after paying my rent and my bills mortgage ect. I can not afford these increased train fares as it will leave me with £23 pounds a month for food and going out which i cannot survive on. I cant quit my job as i would lose my home but i cant afford to get to my job anymore. i am going to have to start skippinng the train. my season ticket is £240 a month now and it use to be £203. if i start skipping i can afford to be caught 10 times a month while paying the fine and still not be losing money. please dont insult me, i know it is dishonest but i would rather skip the train than quit my job. If i get caught can i just hand over £20 or would they need to take my name and address, if they catch me like 30 times would it always only be a £20 fine or would they be like we arent giving you the option of the 20 pound fine now we are taking you to court. i cant get a criminal record as again that would cost me my carer job as we have enhanced crb checks. i have never stolen anything in my life or skipped a train before but i have no other choice, no insulting replies please

spiro

ilovecandy wrote: »

Hi i was living on a shoe string budget with only £60 spare a month after paying my rent and my bills mortgage ect. I can not afford these increased train fares as it will leave me with £23 pounds a month for food and going out which i cannot survive on. I cant quit my job as i would lose my home but i cant afford to get to my job anymore. i am going to have to start skippinng the train. my season ticket is £240 a month now and it use to be £203. if i start skipping i can afford to be caught 10 times a month while paying the fine and still not be losing money. please dont insult me, i know it is dishonest but i would rather skip the train than quit my job. If i get caught can i just hand over £20 or would they need to take my name and address, if they catch me like 30 times would it always only be a £20 fine or would they be like we arent giving you the option of the 20 pound fine now we are taking you to court. i cant get a criminal record as again that would cost me my carer job as we have enhanced crb checks. i have never stolen anything in my life or skipped a train before but i have no other choice, no insulting replies please

Ir you pay on the train or at barrier they will take you details, it is also likely to be the same person(s) who sees you most days. Get caught more than a couple of times and you will end up arrested and in court on criminal charges.

photome

spiro wrote: »

Ir you pay on the train or at barrier they will take you details, it is also likely to be the same person(s) who sees you most days. Get caught more than a couple of times and you will end up arrested and in court on criminal charges.

Dont feed the Trolls

ilovecandy

photome wrote: »

Dont feed the Trolls

troll? are you referring to me? what makes you think i am a troll.. you are very rude