train fine

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train fine

Postby HOESLAYER70 » Sat Jun 04, 2011 6:05 am

hello fellow members a friend of mine daughter purchased a train ticket at a counter at a railway station when she got to london the ticket would not go through the machine the attendant tried to help her then said her ticket was invalid {the girl is sixteen she brought a childs ticket and her age was never questioned at the time of purchase}they fined her.they never spoke to her parent and her parent wa snot present, they caused her distress ect. i helped my friend right a statement of truth recinding all statements ect and pointed out key facts and asked the railway company to prove otherwise by way of affidavit,however they have wrote back after four weeks dismissing our first letter and says she still has to paY the fine im new to this and wondered if someone would maybe give me a few ideas on my next step.
many thnks in advance
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Re: train fine

Postby huntingross » Sat Jun 04, 2011 12:21 pm

If you believe the action you took subsequent to the event are right and justified, and the reply you received avoided or failed to answer your queries, then write again giving them an opportunity to set things right.

There are plenty of examples on the forum demonstrating reasonable and honourable ways of communicating with the other party in similar circumstances where they refuse to engage in the process.

Don't let their rubbish replies de-rail (no pun intended) your process.....keep pushing through until you reach a conclusion.

If and when they insist on pursuing the money, your paperwork should be a faultless trail of facts.

The only thing they can rely on at that point is deceit and fraud.
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Re: train fine

Postby treeman » Sat Jun 04, 2011 8:01 pm

http://www.penaltyfare.org.uk/IPFAS.htm

An insight in to how they operate.
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Re: train fine

Postby former_rail_cop » Sat Jun 25, 2011 10:39 am

Hello,

Unfortunately this event sounds very familiar to me, I used to work for the police and dealt with railway staff quite regularly. I will try to help you as much as I can here, perhaps to solve the problem if it has not been solved yet.

Firstly, it sounds like the railway staff where quite rude to the girl. I have heard of this before, and some do not seem to understand that a 16 year old needs to be treated with more care than perhaps an adult. If you provide some more details, I will happily advise whether there might be grounds to make a formal complaint to the company or perhaps to the police. Depending on how they obtained evidence, this may throw the case out.

Now coming to the actual ticket. Did the girl get stopped at barriers before she travelled, or after? If it was before then the railway company most likely has no grounds to fine her. There is an offence to "attempt travel" but an attempt would not be proved by going through the barrier it would only be fulfilled if she steps on a train. The next question is, whether she has been asked any questions by the railway staff without the presence of an adult. Any such question and the reply would not be permitted in evidence, as it was not obtained following the right procedure.

The next question is what the allegation (in law) against her is. If they are following the route of "Fare Evasion" under the Railways Regulations Act of 1889 they would have to prove intent to travel without payment. Every offence under this act requires a specific intent, and this would be quite hard to prove here.

If they are going for an offence under the SRA Byelaws, it would be more complicated.

If you provide me some further details, I will happily look into this matter further. It sounds like the railway operator has been very unfair.

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