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Legal advice


RobSheffield

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Cutting a long story very short

 

Back in July i was on a train from Peterborough to Huntingdon. It had no conductor. I intended to pay for the service in cash via a conductor. During the journey, i noted stickers on the window stating that fare evasion carried a £20 fine. No problem, im not evading.

 

Arriving at Huntingdon (its a hole, dont bother going!) i find the ticket office has a barrier and 2 security guards tell me i have to pay a £20 fine. But where was the conductor i ask? We dont have one on this rail service....So i obligingly gave my details to them, and they said i could pay over the phone on x number. Out of curiousity i asked the guy how much Peterborough to Huntingdon would have been and he said £4.30

 

I tried the number 4 times now, cant get through at any time.

 

Recieved a letter today dated 25th September (!) stating i have 14 days to pay £40 (WTF?!) or go to court.

 

Now the interesting (ish) part - they have spelled my surname incorrectly.

 

Should i :-

 

1) point out they have my details incorrectly recorded but offer to pay the original £20

2) tell them to shove it as they cant take me to court without my surname being correct

3) bend over and take it :p

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Question is mate, did you have a chance to buy a ticket at the station you boarded at? If so, you will prob have to pay at least £20. Otherwise, if you didn't have a chance to buy a ticket, tell them that and they can't reasonably expect you to pay the fine. They should just accept the fare.

 

HTH

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there wasnt a ticket machine on the platform. I got off one train, saw the one i needed and got on it. The machines were in the foyer but i didnt see them.

 

Im going to call them and point out they have my name wrong, and offer the original amount. Without correcting it for them!

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Guest CoolsBlue

wrong name, could of searched for your name, and found a similar name at your address and sent it there, anyway if the name is wrong you cant go to court so HAHA on them.

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Depends how much hassle you are after. If you took it to court chances are you would win as your soliciter would probably point out the situation as a scam making them look bad. Personally i would phone up and take it as far as i could over the phone, be forward but not aggressive and explain why they would lose and how you never got the chance to pay the £20. I would even go as far as to threaten going to court because of how pissed of you are.

 

As i said, depends how much you can be bothered lol.

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there wasnt a ticket machine on the platform. I got off one train, saw the one i needed and got on it. The machines were in the foyer but i didnt see them.

 

Think that sinks you my friend :)

 

You didn't have a ticket, knew there are facilities and then decided to get on the train anyway.

 

As for the mispelling of your name, I doubt very much it would make a difference. If push came to shove they would simply say you gave them the wrong name which gets you into more trouble.

 

I personally think you would be more likely to get your money back by complaining to the train services about how there is no ticket conductor and how 2 security guards grabbed you.

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So in summary Rob is a pikey and a thief, he's dragging this country down with the rest of the spongers who expect something for nothing.

 

He can't be trusted, I suggest a ban and caution at any events he might try and attend, he'll probably steal your valve caps.

 

Scum!

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Burn them!!! :diablo: :bang:

 

I know that's not a particularly helpful answer, but the thought of it certainly helps to relieve any stress you may be feeling at this time!! :)

 

I'm guessing that you have two ways of winning this, with differing probabilities of success:

 

1) Contact them by letter, explain the situation and offer to pay the original fare.... and they accept that outright (unlikely)

 

2) Contact them by letter and explaint the situation, and offer to grugingly pay the £20..... (possible, but not really a full win situation)

 

The final option is to go to court.

To win your case at court you will have to do a lot of work.

 

You'll need to

 

1) Provide details of the times of your trains at whichever stations including connecting trains

2) Provide evidence that the ticket offices were closed

3) Show that you were willing and able to pay the fare (cash machine withdrawl slip for that day?). State how much cash you had on you.

4) Show on a scale map the positions of ticket offices/machines & your journey on foot through the stations showing how you did not pass one

5) Provide evidence that you rang the number given to pay the £20 fine four times (phone bill etc)

 

If you do get taken to court & the court papers are issued in the wrong name then it may get thrown out, however if you have made ANY admission that this is you (i.e. by writing to the company giving your reasons for not having aticket & saying that you have tried to pay the fine etc) then the judge may well allow it to continue as you have confirmed that it is you.

 

I'd just pay (the £20 if possible) & get a ticket next time. :)

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Think that sinks you my friend :)

 

You didn't have a ticket, knew there are facilities and then decided to get on the train anyway.

 

As for the mispelling of your name, I doubt very much it would make a difference. If push came to shove they would simply say you gave them the wrong name which gets you into more trouble.

 

I personally think you would be more likely to get your money back by complaining to the train services about how there is no ticket conductor and how 2 security guards grabbed you.

 

The name thing is very significant, you can't summons someone with the incorrect name. Personally Rob I would ring them and try to get to the top guy who makes the decisions. He may ask you to write to them but that may spoil your argument with the wrong name. I would be quite clear about your situation and tell them that you are upset about paying £20 nevermind £40.....:blink:

 

I would also point out that they have made a mistake with your details and therefore they won't be able to summons you. Ask them to accept the payment for the fare, if they do - don't pay by cheque......;)

 

Also, I think it costs about £30 to summons someone so what would be the point??

 

H.

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The name thing is very significant, you can't summons someone with the incorrect name. Personally Rob I would ring them and try to get to the top guy who makes the decisions. He may ask you to write to them but that may spoil your argument with the wrong name. I would be quite clear about your situation and tell them that you are upset about paying £20 nevermind £40.....:blink:

 

I would also point out that they have made a mistake with your details and therefore they won't be able to summons you. Ask them to accept the payment for the fare, if they do - don't pay by cheque......;)

 

Also, I think it costs about £30 to summons someone so what would be the point??

 

H.

 

I got summoned with a mis-spelled surname. I asked my soliciter about it and they said if i asked about it in court they sould simply pronounce the name phonetically and ask if that was me. If i said it was they would have it changed to correct the spelling, if i said no i would have been lying so there was no way round it for me.

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You didn't have a ticket, knew there are facilities and then decided to get on the train anyway

 

I DIDNT know there were machines, i found out later that they were in the foyer....

 

So in summary Rob is a pikey and a thief, he's dragging this country down with the rest of the spongers who expect something for nothing.

 

:(

 

I'm guessing that you have two ways of winning this, with differing probabilities of success:

 

1) Contact them by letter, explain the situation and offer to pay the original fare.... and they accept that outright (unlikely)

 

2) Contact them by letter and explaint the situation, and offer to grugingly pay the £20..... (possible, but not really a full win situation) im going for this one

 

1) Provide details of the times of your trains at whichever stations including connecting trains

2) Provide evidence that the ticket offices were closed

3) Show that you were willing and able to pay the fare (cash machine withdrawl slip for that day?). State how much cash you had on you. i part paid the fine on the spot with the only cash in my pocket at the time.

4) Show on a scale map the positions of ticket offices/machines & your journey on foot through the stations showing how you did not pass one

5) Provide evidence that you rang the number given to pay the £20 fine four times (phone bill etc)

 

 

 

The name thing is very significant, you can't summons someone with the incorrect name. Personally Rob I would ring them and try to get to the top guy who makes the decisions. He may ask you to write to them but that may spoil your argument with the wrong name. I would be quite clear about your situation and tell them that you are upset about paying £20 nevermind £40.....:blink:

 

H.

 

I was going to call and ask for the person that issued the letter. Explain that its crap, explain that i had cash to pay but found no conductor nor saw any indication that prepay was essential til train was moving, point out that i gave the guy my full address, whereby a credit check was carried out, and my details given to him over the phone from 'head office' and point out that i have in fact attempted to pay several times and that im happy to pay the rest now.

 

IF they refuse tell thm to shove it, cos they got my name wrong and they cant take it further :D

 

Fare evaders. Worse than pedos according to the Daily Mail.

 

:(

 

 

 

After all that - i rarely ever use trains as a means of transport. Im quite prone to travel sickness in them but never am in a car, i used it on that occasion to travel back from a site for work, i now use my own car and claim cash back for fuel til my company car arrives :)

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