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Inaccurate Penalty Fare

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2

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  • vax2002
    vax2002 Posts: 7,187 Forumite
    but you signed to say they were correct ?
    If you signed a contract and then allowed someone to carry on filling it in after you had signed it you need your head examining.
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  • Livingthedream
    Livingthedream Posts: 2,643 Forumite
    Part of the Furniture Name Dropper Combo Breaker
    edited 21 January 2012 at 7:10PM
    By all means appeal the PFN on the grounds you stated, you may get lucky but chances are the appeal won't be upheld. Enclose your original ticket as well, you never know it might add some weight that you're not a fare dodger trying it on*. But one thing is certain if you don't appeal you will never know, even if your appeal isn't upheld you will still have time just to pay £20.


    *General statement and meaning no offence
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  • NickL78
    NickL78 Posts: 10 Forumite
    I only realised when I got home. I have to record information accurately in my line of work and considering they do the same job day in day out you'd expect them to know what they're doing!
  • Stigy
    Stigy Posts: 1,581 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    The time will be okay, as it's still 10 'o clock. You signed receipt of the notice, which is not a confession, although you still committed an offence. Was the fare listed correctly? Ignoring the £20 amount, the actual rail fare should reflect the stations involved. This would be your only get out if you paid too much of the fare.
  • NickL78
    NickL78 Posts: 10 Forumite
    edited 21 January 2012 at 7:20PM
    My ticket was an 'all zone' so would have been up to me where I got off. He did ask where I was travelling to and the station on the PFN had no relevance as wasn't the station I was stopped at either? It is still 10:00 but as I start work at 11am and I'd have been travelling in the other direction. I've always bought a ticket and have never received anything like this in 33yrs! There is no mention of the fare on the slip and the 'address checked' was left unticked so both Yes/No are still blank.
  • vax2002
    vax2002 Posts: 7,187 Forumite
    Stigy wrote: »
    which is not a confession, although you still committed an offence.

    It is a contract which can be served as a contract of confession, it will have a worded section "I understand (agree to stand under this statement) that the details are correct.
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  • NickL78
    NickL78 Posts: 10 Forumite
    There is nothing worded like that. Simply says 'signature/statement' above the box where I've signed. I have signed to say the details I have given are correct. I could also highlight the fact I was never shown his badge number so can't ever have verified whether that was correct or not.
    I agree that a signature normally does have a sentence above stating 'the details I have given are correct' I gave name/address/DOB and signed to say they were correct.

    I'm just a disgruntled passenger who always buys a ticket and the ticket I thought I'd lost I have now found!!!
  • vax2002 wrote: »
    It is a contract which can be served as a contract of confession, it will have a worded section "I understand (agree to stand under this statement) that the details are correct.

    An interesting point, but I've never known a PFN to be used that way, as in theory it's a civil matter rather than criminal. If the Train company wants to make it criminal then the PFN is cancelled and a byelaw prosecution is progressed, the normal procedure for non payment.

    Railway Byelaw 18 'Failure to produce a valid ticket on request' this is a strict liability offence to which there is no defence, therefore the PFN is made worthless and not required for any prosecution.
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  • NickL78
    NickL78 Posts: 10 Forumite
    The best bit is that Nexus have said that the FROM is the station I got on the train and TO is the station I was travelling to. And they have said it is incorrect. Yet IRCAS who deal with appeal are being stubborn.
    I agree with a lot of your comments vax2002 but feel livingthedream knows where I am coming from!
  • TrickyWicky
    TrickyWicky Posts: 4,025 Forumite
    I wouldn't of signed it personally, I would of signed "ticket lost but paid for <initials>". Probably doesn't carry any weight but at least it isn't a signed confession.
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