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Snorty
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PostPosted: 19:01 - 27 Feb 2013    Post subject: Unpaid Fare Notice Reply with quote

I received an unpaid fare notice on an East Midlands train a few weeks back. Basically I'd lost my card that morning (think I'd dropped it somewhere) and was going to miss my train.

I boarded the first train from Leeds to Sheffield after speaking with the staff in the rail station, they said you'll just have to get on.

I showed the conductor the e-mail stating I'd paid, and she had a bit of an issue with it, but let it slide.

The second conductor from Sheffield to Leicester issued me an "Unpaid Fare Notice" despite me trying to reason with her.

As a result of losing my card, I'd never actually had the tickets printed off before I travelled, so I'd expect them to be able to see this.

However, the time to appeal has since passed according to a new letter from "Ircas" and I now owe £65. I begrudge paying anything since I'd already paid for my fare.

What do? Somebody said I can end up with a criminal record if I don't pay.
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Pete.
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PostPosted: 19:08 - 27 Feb 2013    Post subject: Reply with quote

Have you any record at all that you paid the fare? If you have, the unpaid fare notice isn't even valid surely, so why would there be a time limit to comply with?

If it was a 'travelling without a valid ticket' notice, I could see their point.
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Last edited by Pete. on 19:09 - 27 Feb 2013; edited 1 time in total
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Imonster
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PostPosted: 19:09 - 27 Feb 2013    Post subject: Reply with quote

The problem is that it's a strict liability offence, and judging from what you said they would be looking at an s.18 rather than s.5.

TBH, £65 is a very low out of court settlement for the "offence" of not showing a valid ticket. I know it's unfair, but if it were me I'd suck it up, pay the money and forget about it.
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Snorty
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PostPosted: 19:14 - 27 Feb 2013    Post subject: Reply with quote

Imonster wrote:
The problem is that it's a strict liability offence, and judging from what you said they would be looking at an s.18 rather than s.5.

TBH, £65 is a very low out of court settlement for the "offence" of not showing a valid ticket. I know it's unfair, but if it were me I'd suck it up, pay the money and forget about it.


I don't have the money. I'm currently waiting on employment which I'm continually told "will be starting soon".

Agencies Rolling Eyes

What happens if I don't pay it? £65 is not cheap.
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Snorty
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PostPosted: 19:16 - 27 Feb 2013    Post subject: Reply with quote

Pete. wrote:
Have you any record at all that you paid the fare? If you have, the unpaid fare notice isn't even valid surely, so why would there be a time limit to comply with?

If it was a 'travelling without a valid ticket' notice, I could see their point.


I do have a record that I've paid - I was told that I can print the tickets out even now, I just need to order a new card to do so, and get the company I bought them from to authorise my new card to print them out.

So they could even tell the cards haven't been used for travel.
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Imonster
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PostPosted: 19:17 - 27 Feb 2013    Post subject: Reply with quote

Snorty wrote:


What happens if I don't pay it? £65 is not cheap.


Potential (likely) prosecution. You need to beg, borrow or steal the money for it IMO. If it goes to court you'll be looking at a few hundred most likely plus a criminal record (it would only show up on enhanced disclosures but that's still a bad thing depending on what field of employment you're aiming for.)
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Snorty
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PostPosted: 19:18 - 27 Feb 2013    Post subject: Reply with quote

Imonster wrote:
Potential (likely) prosecution. You need to beg, borrow or steal the money for it IMO. If it goes to court you'll be looking at a few hundred most likely plus a criminal record (it would only show up on enhanced disclosures but that's still a bad thing depending on what field of employment you're aiming for.)


So if I go to court and sit there waving the valid tickets at them, the judge is going to give me a criminal record...

I'm reading elsewhere that it would just result in a CCJ or bad credit at worse.
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Imonster
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PostPosted: 19:21 - 27 Feb 2013    Post subject: Reply with quote

My understanding is that it's a strict liability offence - you didn't produce a ticket at the time of asking, irrespective of whether you paid or not, ergo you're "guilty."

If you get yourself over to the Transport section of the CAG forum there are friendly folks there who are far more knowledgeable than me in this field and may be able to find you a "get out". Good luck Thumbs Up
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Imonster
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PostPosted: 19:24 - 27 Feb 2013    Post subject: Reply with quote

Just a thought, if you have the name of the person who said "you'll just have to get on", or the first conductor then the inference is that they have given permission for you to board the train, and in cases like this you would have your "get out."
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h00dwink
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PostPosted: 19:34 - 27 Feb 2013    Post subject: Reply with quote

(train conductor) your unpaid fare notice would presumably be a penalty fare, not an mg11? Penalty fare isn't a huge thing to be concerned by. Much the same as a penalty charge in a car park.
Make an appeal anyway stating what occurred. Back date it if need be and they'll probably think it got lost in the post.

This being said, don't think that being a penalty charge means to totally ignore it, 3 strikes (penalty charges) = mg11 (prosecution).

This is from my position within a different company but presume the penalty fare scheme east midlands operate is essentially the same as ours.
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Ste
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PostPosted: 19:35 - 27 Feb 2013    Post subject: Reply with quote

Should have told them that your name is Mark Roberts and you live in Scunthorpe.
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Snorty
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PostPosted: 20:07 - 27 Feb 2013    Post subject: Reply with quote

Ste wrote:
Should have told them that your name is Mark Roberts and you live in Scunthorpe.


Haha if only I'd thought of that Laughing
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P.
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PostPosted: 20:09 - 27 Feb 2013    Post subject: Reply with quote

Do they charge your new card to print the tickets?
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Snorty
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PostPosted: 20:16 - 27 Feb 2013    Post subject: Reply with quote

##Paddy## wrote:
Do they charge your new card to print the tickets?


No, I'd just have to provide proof I'd purchased them I guess. I don't know, one of the members of staff for this particular train company told me I can do this.
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P.
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PostPosted: 21:44 - 27 Feb 2013    Post subject: Reply with quote

Oh shame, if it was for a card to kinda "take a pound to check it is you" you could have used mine Laughing
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