Being prosecuted, unfairly, by First Capital Connect

[StephBattersby]

I was extremely hung over on my way home from a party and I was sure that I had swiped oyster card, I was sure I heard it beep, the gate was already open so I just went through, anyhow, while on the train a conducter came around, I gave him my oyster and he informed me that I had not touched in, I told him I was sure that I had and offered to pay my fare in cash and apologised, he said that was not an option and that I had to pay the £20 penalty fare, I told him that I didn't have that much money on me so I couldn't, he said I should pay by card, I said i couldn't do that either as this would put me over my overdraft limit, I pleaded again that I was sure that I had swiped my oyster and said that I was happy to pay my fare in cash, he refused, I said I could not pay the penalty fare and asked what I should do next, he said I could appeal the penalty fare, he filled out a form with my details and gave me a stub and said I would get a letter in the post, at no point was prosecution or court mentioned, I was not given a copy of the form with my details on, only a small stub, I then got a letter advising intention to prosecute and asking for my statement, I advised as above, and complained that I was not advised of prosecution or possible court, they came back to advise that they are sending my case to court, I contacted them and offered to pay the £20 fee as I could now afford to do so, they say no, next step is court with a possible result of being charged hundreds of pounds, unless I settle out of court, I ask how much and they don't say how much, that it would need to be about as much as they would get if I went to court, I feel like I am being taken advantage of, I think this is unfair, what should I do, take it to court and plead my case? or, settle out of court and if I do, how much should I try and settle for?

[StephBattersby]

My fear of going to court is that I can't prove that I tried to swipe my oyster card, so do I even have a leg to stand on? and they tell me it could be a fine of £175 up to £1000, plus £110 court costs, plus the fare £3.80, plus £15 victim fees and I can't remember what else

[honeybee13]

Hello there and welcome to the forum.

 

I expect the guys will be along to advise you once their day jobs allow them to. I have to tell you though that the inspector who dealt with you could well have been following the Oyster system, however unfair you feel this is. There are plenty of threads here about Oyster cards that didn't beep if you want a read around. A lot of people arrive here feeling they have been hard done by, but find they have to follow the established system, which has a sound legal basis, sorry.

 

Please bear with us until the people from the industry are able to advise you.

 

My best, HB

[SRPO]

If you had the means to pay at least the fare due towards the Penalty Fare Notice you should have been issued with a PFN.

The fact that you were reported rather than issued a PFN suggests that for some reason the inspector decided you didnt qualify for an 'on the spot' penalty. There are a number of reasons for that & I suggest you ask FCC the reason.

[Old-CodJA]

Good suggestion from SRPO as usual. None of us here have first hand knowledge of your case

 

I suggest that you read the two 'stickies' at the top of the forum page 'National Railway Byelaws' and 'Penalty Fares Rules' and then contact FCC if you are still not sure why you were reported

 

The simple fact is that if authorised rail staff believe that evidence suggest that prosecution is warranted, they are not obliged to issue a penalty fare notice.

[StephBattersby]

Thanks for your advice, I already tried to speak to FCC and they were not helpful at all, they were at best vague and very uninterested, I told them that at no point was I told that the next step was prosecution/court, that I was advised on the train that I could appeal my penalty fare and the guy I spoke to on the phone pretty much told me 'that's just the way it is'.

 

I am going to try and settle out of court, I have sent a letter and I have been extremely apologetic and pleading and I will see where that gets me.

It's not like I can prove that I tried to swipe my oyster card.

[Old-CodJA]

Unless you were actually handed a numbered Penalty Fare Notice, this is not a penalty fare matter

 

An inspector is never forced to issue a penalty fare notice if he or she believes there is evidence to report an offence

 

If you were not given a penalty fare notice it seems that you have been reported for either a 'breach of Byelaw' or 'intent to avoid a fare'

 

You can write with your explanation and request an opportunity to settle the matter without court action, but FCC do not have to agree.