£9 ticket becomes a £365 fine

[Shay101]

Please help.

I've seen 750,000 people are claiming for what can only be described as miscarriages of justice.

In my case, it was October 2022, when I took a train from Flint to Wrexham. Ticket office in Flint shut. Machine wouldn't read my card. Nobody was checking tickets on the train to buy from. I Hit Wrexham to be confronted by 4 large transport police who blocked by path and refused me entry to the ticket office. They told me I'd broken the law. And kept me there for 45 minutes while they took all my details and photograph. I was fuming. Then nothing for months. I moved house and another 9 months passed then boom, a letter demanding £365 within 7 days of the letter or it would double. I panicked and paid. Then rang the courts and they said my payment was an admission of guilt and I had no right to appeal. A year later I see similar cases on the BBC news where people have been refunded. And now I'm at a loss as to where to begin, and whether or not I even have a case. It's too small an amount to involve solicitors. Does anyone have any advice for me? I spent two hours on the phone with the Citizens Advice today, who were unable to advise me. So here I am. I no longer have any documentation. As it was some time ago now. Just proof of payment on my bank statement. Thanks in advance. Shay

 

[signed]

A year later I see similar cases on the BBC news where people have been refunded. And now I'm at a loss as to where to begin, and whether or not I even have a case.

Short answer: no.
Longer answer: those cases relate to using the Single Justice Procedure for offences which were not allowed to be dealt with that way. It is very unlikely that this would apply in your case, though without sight of the correspondence we can't be 100% sure.

 

[AlterEgo]

Which law were you convicted under and was your case handled under the Single Justice Procedure?

 

[Mcr Warrior]

I no longer have any documentation. As it was some time ago now. Just proof of payment on my bank statement.

Quick question. Who was the £365 payment made to?

Some debt collection agency or bailiff firm, perhaps?

 

[Hadders]

Welcome to the forum!

We need to know more details to be able to assist you.

Firstly, let's deal with what happened on the day you were caught. Legally you are required to be in a possession of a ticket before you board the train where facilities exost to purchase a ticket. What we don't know is whether the issue was with your card, or whether the ticket machine was not working. The revenue inspectors should have been aware if the machine was not working but this doesn't always happen. From what you've said your details were taken by the inspectors for fourther investigation.

Next, Transport for Wales would've have written to you saying that they had received a report and were considering prosecuting you but asking for your version of events before deciding how to proceed. It sounds as though you didn't receive this letter, presumably because you had moved house. Had you replied to this letter then the matter would almost certainly have been resolved without court action.

I'm guessing having nor heard from you TfW then sent the matter to court, where you were found guilty, presumably in your absence. You've now found out about the case (how did you become aware and when?). You've paid £365 - I presume this was the fine, surcharge, compensation and court costs? Who did you pay this to?

Normally when someone is convicted in their absence and only finds out about it at a later date they can make what is called a Statutory Declaration. This re-opens the case so it can be heard again, giving you the opportunity to prepare your defence. In your case what you could've then done is contact TfW, explain what had happened and see if you could resolve the matter out of court. Had this been successful then TfW would have withdrawn the court case.

Appeal a magistrates’ court decision

How to challenge a decision by a magistrates' court. Including how to get a fine reviewed, if you did not know about your case, how to appeal to the Crown Court.

www.gov.uk

A Statutory Declaration normally has to be made within 21 days of becoming aware of the court case. I'm assuming you're well past the 21 days now so this isn't an option for you now.

The case involving 75,000 people you've read about is about a couple of very specific things that have gone wrong. It applies to people who were prosecuted under the Regulation of the Railways Act where this was done using what is called the Single Justice Procedure Notice. The SJPN is a process where everything is done 'on the papers' - SJPN cannot be used for prosecutions under the Regulation of the Railways Act, but various railway companies did use this process when they shouldn't have done so and unbelievably the courts didn't realise either! As far as I am aware Transport for Wales weren't one of the companies who prosecuted people incorrectly.

If you are charged under the Regulation of the Railways Act then you should be summonsed to appear in court. For clarity, if you were charged with an offence under the Railway Byelaws then this can be dealt with using the SJPN.

Some of the 75,000 were people who were issued with Penalty Fares and appealed. Train companies cannot prosecute you in the Magistrates Court if a Penalty Fare is appealed (it has to be enforced as a debt in the civil courts), but some people were incorrectly prosecuted. From what you have told us you weren't given a Penalty Fare and I don't think TfW operate a Penalty Fare scheme between Flint and Wrexham.

The 75,000 people who were prosecuted incorrectly will be contacted by the courts and any fines, surcharges, costs etc paid will be returned. Court and train company records will be used to indetify these people but it is likely to take some time to complete this.

This is why we need to know exactly what legislation you were charged under and whether or not it was dealt with using the Single Justice Procedure. If you can upload copies of all of the paperwork you have relating to you case (do redact any personal details before uploading) we can advise further.

 

[furlong]

I no longer have any documentation. As it was some time ago now. Just proof of payment on my bank statement.

If you can upload copies of all of the paperwork you have relating to you case (do redact any personal details before uploading) we can advise further.

You should be able to obtain the details from the court (or the train company). Basically what precisely were you convicted of, which prosecuting organisation (we assume TfW but do confirm that), and the relevant dates and the breakdown of the monies you paid. There can be circumstances where the case can be reopened very late, but, realistically this is not easy in the circumstances you describe.