Under 16 with a penalty fare notice

[Lemmar laidlaw]

the letter reads “whilst we acknowledge that it is not your responsibility as the legal guardian to make payment the amount now outstanding £40... and must be forwarded in 14 days of this letter in order to avoid further debt recovery action”
What will happen as I’m under 16 years of age can they come to my house and collect debt for someone who is a “minor” ,
If I ignore this letter can they send me to court or do anything for that matter

 

[Bletchleyite]

You are above the age of criminal responsibility and thus could be prosecuted. Cough up.

 

[JN114]

Presuming you’re over 10 years old then yes; you could be taken to court over it. More likely civil debt recovery would get involved; but under no circumstances will this go away. If your parent(s) or legal guardian isn’t aware of the matter I would ensure they are now. If you’re worried about how they’re going to react to you telling them; imagine how they’ll react to bailiffs knocking on the door asking for the money owed (plus recovery fee) instead.

 

[Surreytraveller]

Not sure if an under 18 can be held liable for a civil debt, or even if the parents could be held liable?

 

[Bletchleyite]

PFs are not normally pursued as civil debt, anyway, are they? They are withdrawn and prosecution is used instead.

 

[Fawkes Cat]

Not sure if an under 18 can be held liable for a civil debt, or even if the parents could be held liable?

This may not be relevant. If I have understood what has been said on previous threads, an unpaid and unappealed penalty fare can be withdrawn and a prosecution for fare dodging put in place instead. From what we have been told so far there seems to be no dispute that a fare was dodged, and we are assuming that the OP is older than 10 so conviction would follow prosecution. This would lead to a penalty far higher than the penalty fare.

What does all of this mean for the OP? Essentially, you can't ignore the penalty fare. If you can pay it yourself, do so. If you cannot, you will have to talk to your parents. I doubt if that will be an easy conversation, but you may have to learn that actions (such as not buying train tickets) have consequences (such as penalty fares).

 

[JN114]

A person of any age can be sued for a debt; although in the case of a child (in the legal sense) that debt is then not payable until they become an adult - usually upon turning 18. That’s how civil debt recovery works in lay terms.

However the train operator, upon realising the accused is attempting that tactic would just withdraw the penalty fare and seek to prosecute instead. There are arguably some moral questions raised by this action but it is currently within their powers.

Anyone over the age of 10 can be prosecuted under Railway Byelaws or RoRA; and in those instances liability for any fines laid would be with parent/guardian of the accused.

On the face of it yes, there are some tempting loopholes; but I’m not convinced any of them would succeed, plus there are moral questions as to us as a forum membership advising a minor on how to get away with an offence that we can only presume on the information given that has been committed and enough evidence held to prove guilt.

To @Lemmar laidlaw - if you feel the penalty has been unjustly given then please outline the circumstances that make you believe as such. However I can only otherwise advise to ensure that your parent/guardian knows about the issue and that if there is no dispute you/they pay accordingly.

 

[Surreytraveller]

PFs are not normally pursued as civil debt, anyway, are they? They are withdrawn and prosecution is used instead.

I thought previous threads indicated thr issuing of a Penalty Fare prevented someone from being subsequently prosecuted?

 

[JN114]

I thought previous threads indicated thr issuing of a Penalty Fare prevented someone from being subsequently prosecuted?

The payment of a penalty fare would prevent future prosecution. If they don’t pay then it can be withdrawn and prosecution proceeded with instead.

 

[Bletchleyite]

I thought previous threads indicated thr issuing of a Penalty Fare prevented someone from being subsequently prosecuted?

A PF can be withdrawn, particularly if it is not paid yet. (If it has been paid, to withdraw it it must be refunded, so this is very rare).