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Fine from Short Fare Evasion received - Table and evidence from WMR incorrect

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Geepee

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19 Aug 2024
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Birmingham
Hi All

I have received my fine of £1222.40 for short fare evasion with a table of entries. Firstly, they have started that my home station is 'Longbridge' when I have confirmed to them on email when asked (and the rev officer on the day off cautioning) that my home station is Northfield.. (Note: Longbridge is one stop further than Northfield and so is more expensive to get to Bham New Street).

Secondly, the Regulation of Railways Act 1889 states that such an offence carries a maximum fine of £1,000 - Why is my fine £1222.40 (even with the £175 admin fee, it is still over £1000)

Thirdly, majority of the journeys stated on the table that WMR have provided are return journeys totalling £7.. for each entry they have fined me £7 even though a single journey is £4.30 (from Northfield)

Am i within my right to dispute these points back to the Digital Fraud team before I agree on payment options? I'm happy to pay monies back however want to ensure its based on accurate information

Thanks in advance! :(
 
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Fawkes Cat

Established Member
Joined
8 May 2017
Messages
5,344
Hi All

I have received my fine of £1222.40 for short fare evasion with a table of entries. Firstly, they have started that my home station is 'Longbridge' when I have confirmed to them on email when asked (and the rev officer on the day off cautioning) that my home station is Northfield.. (Note: Longbridge is one stop further than Northfield and so is more expensive to get to Bham New Street).

Secondly, the Regulation of Railways Act 1889 states that such an offence carries a maximum fine of £1,000 - Why is my fine £1222.40 (even with the £175 admin fee, it is still over £1000)

Thirdly, majority of the journeys stated on the table that WMR have provided are return journeys totalling £7.. for each entry they have fined me £7 even though a single journey is £4.30 (from Northfield)

Am i within my right to dispute these points back to the Digital Fraud team before I agree on payment options? I'm happy to pay monies back however want to ensure its based on accurate information

Thanks in advance! :(
Welcome to the forum!

It would be really helpful if you could show us the paperwork that you have received: make sure you redact it so that we (and the whole internet) don't see your personal details.

For the moment, one point that stands out is the question of the £1000 limit for the fine: the thing is, a 'fine' is a very specific punishment imposed by a court. From what you're saying, it looks as if the railway are asking you to pay compensation of rather more than £1000 - and that compensation is separate from a fine.
 

AlterEgo

Verified Rep - Wingin' It! Paul Lucas
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30 Dec 2008
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29,686
Location
LBK
Secondly, the Regulation of Railways Act 1889 states that such an offence carries a maximum fine of £1,000 - Why is my fine £1222.40 (even with the £175 admin fee, it is still over £1000)
You aren't being fined, you are being asked to repay fares you avoided. There is no fine; this isn't even getting to court.

if it went to court you'd be fined a few hundred pounds...and asked to pay all the avoided fares on top. And be convicted of an offence.
 

WesternLancer

Veteran Member
Joined
12 Apr 2019
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15,398
I have received my fine of £1222.40 for short fare evasion with a table of entries. Firstly, they have started that my home station is 'Longbridge' when I have confirmed to them on email when asked (and the rev officer on the day off cautioning) that my home station is Northfield.. (Note: Longbridge is one stop further than Northfield and so is more expensive to get to Bham New Street).

Secondly, the Regulation of Railways Act 1889 states that such an offence carries a maximum fine of £1,000 - Why is my fine £1222.40 (even with the £175 admin fee, it is still over £1000)
If I understand correctly I suspect they are not fining you £1222.40 - they are asking for that as payment for the fares you evaded, in exchange for not taking you to court and prosecuting you where you get a fine and other charges + a criminal record (criminal record might possibly have other financial consequences too eg with things like buying car insurance maybe, or having to say 'yes' to any question you are asked about having criminal convictions), and generally people want to avoid having criminal records.

I suspect what they are asking for is an Out of Court Settlement - ie a payment in exchange for which they will not prosecute you.

But as @Fawkes Cat says paperwork might help people clarify this for you.

Their charge for fares evaded will be based on the cost of an Anytime Single fare I suspect.

The problem you have is that if you can't prove you actually get on at Northfield (hard to do if you have been short faring after all) you are not in a very strong position to negotiate this with them, but they might accept a request from you to recalculate it based on that station. But they may also just withdraw the offer and 'see you in court'.

If a Longbridge to New Street anytime single is £4.60 and they want over £1000 for unpaid fares they must reckon you have been fare evading on at least 200 journeys, which is a serious level of fare evading so you are not in a strong position here, given that fare evasion is a criminal offence.
 
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