macsredna
New Member
Hello all,
I was issued a fine for boarding a train 'without a ticket or promise to pay notice' at MILLS HILL (Manchester) which got sent to my old address, as it got sent to an address that I had moved from, I didn't see the letter until it reached court proceedings and had been escalated to magistrates court, when the letter finally reached me, I called northern rail who told me it had already been heard in court so I couldn't pay the settlement offer and I would have to file a statutory declaration to reset the case which I have a court date for.
For context, I usually buy my tickets through trainline.com, I travel for work the same journey every day, I have evidence of paying for my ticket the full week before and also proof of me purchasing a monthly train ticket following this incident (to avoid this happening again).
I have been charged with breaking Regulation of Railways Act of 1889, which states:
(3)If any person—
(a)Travels or attempts to travel on a railway without having previously paid his fare, and with intent to avoid payment thereof
What I want to oppose is the part which says 'with intent to avoid payment' as I had full intentions to pay
More context:
On the day of question, my phone battery had died, so didn't buy my ticket on trainline.com like usual and when I arrived at the station, my train was getting ready to leave so I boarded the train to avoid being late for work in a rush/panic
Usually there is a ticket inspector on the train where you can buy tickets and also at the destination but for some reason, on this occasion, there was no attendant on the train and the attendant at my destination (who I have bought tickets off in the past) refused to sell me a ticket and asked me to speak to his colleagues which I now know to be revenue protection officers.
They wouldn't understand that my phone battery had died, or that I was in a rush for work so I forgot to buy one before boarding, nor did they allow me to buy a ticket there (which I offered multiple times, even before speaking to the revenue protection officers), she wouldn't let me pay and threatened to get the police so I felt forced to give her my details as I didn't know the law at the time, I am an honest person so I gave her them. I believe I was discriminated against in this moment which is why they wouldn't let me buy a ticket but instead enforced the fine on me, which feels very unfair as again, the law states that there needs to be intent to avoid payment which I didn't have.
The fair was for £4.60, and as I say, I usually always pay and have proof of this, the fine has now reached £462.60 due to me not seeing any of the court letters.
I have proof of my tenancy for change of address and a screenshot from trainline for proof of intent to pay
I am yet to fill out the SJP and haven't given a plea yet?
I just want this to go away due to the stress and anxiety it is causing me,
any help?
== Doublepost prevention - post automatically merged: ==
I forgot to add,
Should my statutory declaration be accepted, which I see no reason for it not to be as I have my tenancy forms for moving address which proves I didn't see the court letter
How do I plea?
I don't believe I am guilty, as I explained above (I had full intentions to pay)
But unsure which option is best or the implications of each option
If I have to pay the original £100 fine, I will so that it goes away, but I refuse to pay £462 for a crime I believe I did NOT commit and I also do not want a criminal conviction
This is where I need the main help
Thank- you in advance!
I was issued a fine for boarding a train 'without a ticket or promise to pay notice' at MILLS HILL (Manchester) which got sent to my old address, as it got sent to an address that I had moved from, I didn't see the letter until it reached court proceedings and had been escalated to magistrates court, when the letter finally reached me, I called northern rail who told me it had already been heard in court so I couldn't pay the settlement offer and I would have to file a statutory declaration to reset the case which I have a court date for.
For context, I usually buy my tickets through trainline.com, I travel for work the same journey every day, I have evidence of paying for my ticket the full week before and also proof of me purchasing a monthly train ticket following this incident (to avoid this happening again).
I have been charged with breaking Regulation of Railways Act of 1889, which states:
(3)If any person—
(a)Travels or attempts to travel on a railway without having previously paid his fare, and with intent to avoid payment thereof
What I want to oppose is the part which says 'with intent to avoid payment' as I had full intentions to pay
More context:
On the day of question, my phone battery had died, so didn't buy my ticket on trainline.com like usual and when I arrived at the station, my train was getting ready to leave so I boarded the train to avoid being late for work in a rush/panic
Usually there is a ticket inspector on the train where you can buy tickets and also at the destination but for some reason, on this occasion, there was no attendant on the train and the attendant at my destination (who I have bought tickets off in the past) refused to sell me a ticket and asked me to speak to his colleagues which I now know to be revenue protection officers.
They wouldn't understand that my phone battery had died, or that I was in a rush for work so I forgot to buy one before boarding, nor did they allow me to buy a ticket there (which I offered multiple times, even before speaking to the revenue protection officers), she wouldn't let me pay and threatened to get the police so I felt forced to give her my details as I didn't know the law at the time, I am an honest person so I gave her them. I believe I was discriminated against in this moment which is why they wouldn't let me buy a ticket but instead enforced the fine on me, which feels very unfair as again, the law states that there needs to be intent to avoid payment which I didn't have.
The fair was for £4.60, and as I say, I usually always pay and have proof of this, the fine has now reached £462.60 due to me not seeing any of the court letters.
I have proof of my tenancy for change of address and a screenshot from trainline for proof of intent to pay
I am yet to fill out the SJP and haven't given a plea yet?
I just want this to go away due to the stress and anxiety it is causing me,
any help?
== Doublepost prevention - post automatically merged: ==
I forgot to add,
Should my statutory declaration be accepted, which I see no reason for it not to be as I have my tenancy forms for moving address which proves I didn't see the court letter
How do I plea?
I don't believe I am guilty, as I explained above (I had full intentions to pay)
But unsure which option is best or the implications of each option
If I have to pay the original £100 fine, I will so that it goes away, but I refuse to pay £462 for a crime I believe I did NOT commit and I also do not want a criminal conviction
This is where I need the main help
Thank- you in advance!
Last edited: