Court summons for non payment of penalty fare

[themalster]

Hi guys,

One morning I was late for the train, I only had my debit card on me and the queue for the ticket machine and the ticket office was long.

Stupidly I decided to get on the train anyway.

I was caught by an inspector and I told her the situation but was cautioned anyway. I told her I had no cash on me but had a debit card. She took my details and said she would report me. That was on the 2nd of September. I heard nothing until today when I received a summons through the door.

Attached is the report she wrote with my signature, however, it fails to mention that I only had a debit card on me.

I am annoyed at myself for getting on the train anyway, but more annoyed that from her report it seems as though I was blatantly bunking the train which I was not.

Can anyone tell me if it is worth pleading not guilty or should I just pay it, even though I did offer to pay by card?

[andy-hughes]

I suggest you pay up.

Plenty of non-payers have a legitimate reason for non-payment, but in the eyes of the company, yours is not one of them.

Failure to buy a ticket is the issue - the circumstances are not sufficient that they would cvonsider them as mitigation.

I am not sure if it is true in the case of non-payment of fares, but often, defendents who try to defend their actions with a less than acceptable reason can often have fines increased - almost as a deterent to others for acting in a way that cn be perceived as trying to avoid justice, and wasting the court's time doing so.

I think you have to bite the bullet on this one - and I will refrain from 'oarental' advice about getting up earlier so you can get in the queue - you already know that!

[themalster]

Thanks for your reply. Yep, guess i'll have to bite the bullet. However, I have to fill out a statement of financial means form to send in with my plea of guilty. the fare was £3 and the costs are £100. I am unemployed and have no money coming in apart from JSA.

Will they take that into consideration?

[dzug2]

You'll get time to pay, that's all

[joko]

similar thing happened to me and i didnt pay it and complained.

in my area it was allowed that you could buy a ticket on the train, so i didnt think twice when the queue was too long...however a week or so earlier they had stopped that rule, and had a poster stating this, but i had no idea as i dont get the train daily.
also, i was travelling to the main central station - the only one on the line with ticket barriers and collectors at all times - so i clearly wasnt trying to bunk the train as i couldnt not have got out the station.

i wrote all this out and at first they refused to accept saying i must pay...i wrote back and refused stating it all again and they appeared to accept it because i never heard about it again....that was about 4 years ago.
they were only asking me for £20 but i think the notice of the change of rules was inadequate - 1 poster on the actual train!
i think they should have made allowances for a while whilst the new rules became common knowledge.

[themalster]

Thanks for all your replies.

I ended up going to the Penalty Office at Liverpool Street Station and spoke with a staff member.

He ended up agreeing to withdraw the summons if I paid the £3 fare and a £50 admin fee.

Good job I did because he said that had I pleaded guilty, I'd have got a criminal record.

So the matter is now closed.