FCC - in first class with standard class ticket

[Honesterror]

A big thank you to the help this board has given me. Whilst this is my first post I confess I used the templates and advice offered to others to help me. I offer a summary of my story for info and I hope it maybe of assistance to others.

 

In July I was "caught" in first class with a standard class ticket. I was travelling from London to Brighton to attend a work meeting. I travel frequently by train across the country and often in first class (if I am organised enough to buy a first advanced ticket.) Whilst in 1st Class I have often observed people paying additional to upgrade to 1st class. On my trip to Brighton my first ever trip on FCC I found the train was packed and needing to get some work done I moved from standard to the small 1st class compartment- I fully intended to pay the cost of the upgrade when the ticket inspector came round. How wrong I was..... half way through the journey a plain clothes enforcement officer came in to first class, I immediately offered to pay and even had my wallet out ready to pay the fare....I was duly cautioned by the somewhat aggressive officer (I guess its a pretty tough job !) - I was not allowed to pay and was told the prosecutions dept would be in touch.

 

3 weeks later I got the prosecutions dept letter - and found my way to this site and read the numerous helpful posts - I drafted a letter along the template lines, pleading this honest mistake, saying I fully intended to pay and the wish to avoid court. I also mentioned that I had frequently seen other passengers on different trains paying upgrade fares and fully expected this to be the case on FCC. This was all a very genuine error on my part and at no point did I intend to not pay the fare.

 

In reply to my letter to FCC, I received another letter requesting I contact the prosecutions department - which I did and after about 10 attempts to phone I finally got through. I spoke with a very pleasant person who said that FCC normally prosecute and take fare avoidance very seriously and go to court asking for £110 costs and the fare (£30 in this case) and of course the court fine of up to £2000. I was then informed I could go to Court or I could pay the £30 and admin costs of £40. - I accepted the offer and agreed to pay £70 total. I was fully expecting to pay the £110 admin and £30 ticket so was very happy to be offered a figure of £70. I have now received a letter stating “on this occasion it is our intention to deal with this without court action please send a payment of £70. This included the fare for the journey undertaken.

 

I am still a little shocked by what has happened and if I could avoid ever travelling on FCC again I would. Many thanks for all the posters on this board, it really was a fantastic help and of great reassurance. I am amazed that I have only had to pay a £70 fine given what I have read of this board. I hope the summary of my case may be of help to others.

[citizenB]

Phew, I read this in a small viewing pane and was fully expecting a sad ending.. How pleased I was to learn otherwise.

 

You must be feeling very relieved

[dx100uk]

nice to see a resolved case.

 

though i agree its a bit silly for one co. not to allow upgrades but all others do

 

dx

[John-JCs]

"I accepted the offer"

 

You didn't need to accept anything.

You were contracting with the enforcement agent. Nothing more.

You can refuse to contract or be contracted with by simply stating you don't wish to give tacit consent at any stage.

 

I think it's a little sad that most people aren't aware this is total perversion of the law.

 

He who doesn't know his rights has none!

[SRPO]

"I accepted the offer"

 

You didn't need to accept anything.

You were contracting with the enforcement agent. Nothing more.

You can refuse to contract or be contracted with by simply stating you don't wish to give tacit consent at any stage.

 

I think it's a little sad that most people aren't aware this is total perversion of the law.

 

He who doesn't know his rights has none!

 

This wasn't a civil matter, there was no enforcement agent or contract involved.

 

He who doesn't read the thread looks daft!

[Grotesque]