FGW regarding £100 fine by revenues inspector

[norfh]

Hello there

 

I'm a 20 year old student who was lucky enough to be caught out by a revenues inspector

before we'd even left the first stop (penzance)..

 

i got the whole 'you dont have to say anything' etc followed by a set of questions.

I chose to comply,

i have a railcard,

im not a train hopper,

i wasn't hiding in the toilet,

i was short for time as i was relying on a lift to the station and so i ran onto the train at the last minute.

 

after the set of questions and after i spent time arguing my point,

he told me i would receive a letter which would be a caution along with the cost of the ticket, no more, no less.

 

I double checked this with him and he told me the fine would be no more than the ticket; £12. (12 quid max without railcard)

i thought that was fair enough.

 

ive just received the letter and its charging me 90 odd pounds after the cost of the ticket

which he refused to sell to me on the spot.

 

i will be ringing up tomorrow to contest this as i think its extremely unfair to treat a user of the trains this way,

especially after a first offence.

 

i buy tickets every time and i own a railcard and to be treated this way is a little upsetting,

especially as i was told it wouldn't cost more than the ticket.

 

I didn't even know i was committing an offence,

i thought well if you havent left the station you havent stolen anything, right?

 

its like arresting a person in a shop for stealing an item before theyve even tried to leave the shop!

 

Another thing to point out is i ALWAYS get on the train from a station which doesn't have facilities to buy a ticket,

which is fine with the workers, so of course i am a little out of habit

 

Id appreciate any advice or buzzwords i can mention to them on the phone that will help my case,

 

i'd also like to hear your opinions. am i in the wrong here?

 

i think a railcard is proof alone that i pay for the service.

 

Thanks

Edited June 5, 2016 by dx100uk
posts merged and bump post removed, please have some patience..-dx

[honeybee13]

bump for good measure

 

Hello and welcome to CAG.

 

If I may say, you've been here for 7 minutes and it's Sunday evening. I'm sure the forum guys will be along when they can. Please bear with us until they're able to get here.

 

HB

[dx100uk]

welcome

firstly you sadly need to settle down a bit

and most certainly not phone or write with the attitude you are expressing here

it is understandable, however, it will do you no favours.

and also some of your 'assumptions' are flawed too.

 

 

were you issued with any paperwork

or simply signed his book?

 

 

as a side note

for travelling without a ticket £90ish is a good figure going by threads here

if you've read them.

 

 

dx

[spalding78]

You got on a train without a ticket, having walked past ticket machines and (depending on the time of day) a ticket office.

 

That's a criminal offense.

 

You're lucky to be offered a chance to avoid a prosectuion. Pay up and take some responsibility for your own actions.

[norfh]

You got on a train without a ticket, having walked past ticket machines and (depending on the time of day) a ticket office.

 

That's a criminal offense.

 

You're lucky to be offered a chance to avoid a prosectuion. Pay up and take some responsibility for your own actions.

 

you make it sound deliberate, i did point out that i am used to getting on platforms where you cant purchase tickets so i was a little out of habit, as well as i am new to trains and have never got on the train from this station before. thanks for your input though

[spalding78]

Penzance station has signs all over the place, and especially on the entrance to the platforms, making it clear that you have to buy a ticket before boarding.

[Stigy]

I didn't even know i was committing an offence,

i thought well if you havent left the station you havent stolen anything, right?

 

its like arresting a person in a shop for stealing an item before theyve even tried to leave the shop!

 

If this was to go to court, it would likely be for the strict liability office contrary to National Railway Byelaw 18. The Byelaws are clear in that if you board a train for the purpose of travelling, where ticket issuing facilities were available, you've committed an offence. Strict Liability means there no defence unless there were no places at which you could have purchased a rail ticket, or somebody gave you permission to board without paying (staff).

 

There is an offence contrary to s.5(3)a of the Regulation of Railways Act 1889 which could apply, which takes in to account attempted travel with intent to avoid payment, but I doubt there's enough evidence to prove this in your case, however the letter will tell you the exact charge (this act is more serious than a Byelaw offence, and convictions of this nature are recorded on the Police National Computer whereas Byelaws are not). So your comparison about attempted theft act is also flawed, as this too IS actually an offence.

[renegadeimp]

you make it sound deliberate, i did point out that i am used to getting on platforms where you cant purchase tickets so i was a little out of habit, as well as i am new to trains and have never got on the train from this station before. thanks for your input though

 

Delibrate or not, the offence was comitted. The inspectors are duty bound to be strict and to the point. If you want to challenge it, thats why the appeals exist. But since you got on the train without a ticket, then imo you should write an unreserved apology and offer to pay them an amount to their admin costs .

 

remember, if people got caught and they allowed them to buy a ticket there and then, then everyone would do it, and the whole system would be bogged down and delayed. its also not the inspectors fault you werent at the station in good time. Thats on you.

[Stigy]

Delibrate or not, the offence was comitted. The inspectors are duty bound to be strict and to the point. If you want to challenge it, thats why the appeals exist. But since you got on the train without a ticket, then imo you should write an unreserved apology and offer to pay them an amount to their admin costs .

 

remember, if people got caught and they allowed them to buy a ticket there and then, then everyone would do it, and the whole system would be bogged down and delayed. its also not the inspectors fault you werent at the station in good time. Thats on you.

There isn't an appeals process as such in this scenario as by their very nature reports for prosecutions (which is to all intents what's been submitted here) have potential to go to court, so what better appeals process than the Magistrates or District Judge? The judicial system often acts as an appeals process in itself, as in this case.

[renegadeimp]

There isn't an appeals process as such in this scenario as by their very nature reports for prosecutions (which is to all intents what's been submitted here) have potential to go to court, so what better appeals process than the Magistrates or District Judge? The judicial system often acts as an appeals process in itself, as in this case.

 

I stand corrected But will note down the info you gave, for future advice.