IRCAS Penalty notice for someone who does not live at address

[Essex Jim]

Hello.

New to the forum so hopefully this is posted in the right place.

I have two elderly relatives (Two Sisters) who have lived at the same address in SW London for over 30 years. Both unmarried and no one else has ever lived with them. At the beginning of March they received a letter from IRCAS for payment demand for a penalty fare - £90 - for a gentleman they had never heard of living at their address. They returned the letter stating person unknown at this address only to receive the same letter a second time. They have been to Citizen Advice who drafted them a letter to send back to IRCAS which was sent on 23rd March Registered Post. To date they have not received a reply. They are now extremely concerned any knock at the door could be a Debt Collector.

Also worth mentioning they cannot remember the last time they were on a train so years!

Can you offer any advice or guidance. please?

 

[Elecman]

They have nothing to fear. IRCAS have to abide by a not known at this address return UNLESS they can prove beyond any doubt that the debtor lives at that address. I'm sure that would have been the just of the letter that CA drafted.

 

[DaleCooper]

There is no Royal Mail "Registered Post" as such now, it's either "Signed For" or "Special Delivery", whichever of these is used they can be tracked on line so you can be sure that it has been delivered. Having said that the postman doesn't always get a signature but that's something for which I'll probably start a new thread.

 

[najaB]

Can you offer any advice or guidance. please?

Your relatives have little to worry about. It's up to the creditor to show that the debt exists, rather than the other way around. The details on the penalty fare are for a male so it would be hard to say that either of them was the passenger in question.

 

[Essex Jim]

Thanks for the reply folks.

I will check the type of postage used. The question for me will they receive a reply from IRCAS? I would expect that as a minimum. Is it likely?

 

[gray1404]

it would not surprise me if they received no reply from them. Unless they expressly asked for one in their letter drafted by the CAB...

 

[andykn]

Isn't it that they shouldn't have opened the letter in the first place? Just returned it unopened to sender marked on the outside something like "Never known at this address"?

 

[Bletchleyite]

Isn't it that they shouldn't have opened the letter in the first place? Just returned it unopened to sender marked on the outside something like "Never known at this address"?

AIUI you are allowed to open any mail correctly delivered to your *address*. The name doesn't matter.

 

[Puffing Devil]

AIUI you are allowed to open any mail correctly delivered to your *address*. The name doesn't matter.

Postal Services Act 2000 says:

A person commits an offence if, intending to act to a person’s
detriment and without reasonable excuse, he opens a postal packet which
he knows or reasonably suspects has been incorrectly delivered to him.​

The consensus is that if you open a letter addressed to someone at your address that you know does not live there with the intention of establishing the senders detail and correcting the misdelivery issue, you are in the clear.

This is the case we have here.

 

[455driver]

Isn't it that they shouldn't have opened the letter in the first place? Just returned it unopened to sender marked on the outside something like "Never known at this address"?

They have lived at that address for a number of years, why would they check the name on the front of the envelope before opening it.

 

[DaleCooper]

The matter of opening letters not addressed to you was covered at length in another thread about a month ago. Can anyone remember which one?

Found it: http://www.railforums.co.uk/showthread.php?t=110436

 

[Essex Jim]

Thanks for replies.

As said both relatives are elderly. Oldest is 82!

Just looking for something from another source to comfort them as they honestly now fear any knock at the door. Shame about the side debate about opening the letter. Disappointing that they will not get a reply from IRCAS unless asked for.

Is it worth sending a message by the online form?

 

[Antman]

Thanks for replies.

As said both relatives are elderly. Oldest is 82!

Just looking for something from another source to comfort them as they honestly now fear any knock at the door. Shame about the side debate about opening the letter. Disappointing that they will not get a reply from IRCAS unless asked for.

Is it worth sending a message by the online form?

People do give false names and addresses although I appreciate that your elderly relatives might be alarmed about this but as others have said they have nothing to worry about.

They probably won't hear anymore about it.