I received a penalty fare for a train I wasn't even on!

[T0mm]

So I have just received a letter from Northern rail stating that I was unable to produce a ticket for a journey on the 15th of October and have now received a penalty of £106.20

It was addressed to me by name to my home address. The thing is. It wasn't me, i wasn't even on a train that day (I was at work). I've phoned up Northern rail who said someone gave my name and address and basically the fine stands!

I've sent an email to Northern rail saying it wasn't me. I've said I want to see CCTV from the train and I want the conductor to give a description of the person in question, what was their age and what they were wearing etc. I've told them if they can't produce this and they still wish to proceed with the case, then I will see them in court.

How does something like this even happen? It wasn't me and I will fight it all the way to court if need be.

 

[pokemonsuper9]

How does something like this even happen

Welcome to the forums!
Someone who knows your name and address is a fare evader.

 

[Gloster]

So I have just received a letter from Northern rail stating that I was unable to produce a ticket for a journey on the 15th of October and have now received a penalty of £106.20

It was addressed to me by name to my home address. The thing is. It wasn't me, i wasn't even on a train that day (I was at work). I've phoned up Northern rail who said someone gave my name and address and basically the fine stands!

I've sent an email to Northern rail saying it wasn't me. I've said I want to see CCTV from the train and I want the conductor to give a description of the person in question, what was their age and what they were wearing etc. I've told them if they can't produce this and they still wish to proceed with the case, then I will see them in court.

How does something like this even happen? It wasn't me and I will fight it all the way to court if need be.

It is not uncommon for people to give the name and address of someone known to them when stopped for not having a valid ticket. The experts will be along to tell you how best to handle this.

I have suggested this be moved to the Disputes & Prosecutions Forum.

 

[Fawkes Cat]

In a strict sense, you don't have to do anything: ultimately if the railway want to take you to court over the matter, it's for them to prove that it was you rather than someone giving your name and address.

But in practice, there's quite a lot to be said for not standing on your rights, and instead providing the railway with reasonable evidence that it wasn't you. You've tried phoning and that hasn't got you very far, so write instead. Explain that it wasn't you, and that you were elsewhere. There's a good chance that you have proof that you are you (you may well have a driving licence or a passport which show a picture of you against your name) and you may well have proof that you were somewhere other than on the train (maybe you clock in at work: maybe you sent an email at the time they say you were on the train: maybe a manager or colleague would be prepared to vouch for you). You don't need to send that proof yet, but if you have it, let the railway know this.

After your first letter, I expect the railway to do one of two things:
- let you know that they won't be pursuing you any further, or
- ask you for your evidence.

If you provide that, it's overwhelmingly likely that they will leave you in peace. As @pokemonsuper9 says above, the chances are someone has given them your name and address - and it won't be the first time that's happened. It probably won't even be the first time today. So the railway won't be surprised by your response, and they won't want to waste your (or their) time on getting you to prove something that's likely to be true.

 

[Haywain]

In a strict sense, you don't have to do anything: ultimately if the railway want to take you to court over the matter, it's for them to prove that it was you rather than someone giving your name and address.

It might be for them to prove who it was but you’d have to attend the court hearing to put them to providing the proof. Far better to engage now and avoid going to court.

 

[185143]

There's highly likely to be bodycam footage available to Northern. Things like this happen all the time, they should easily be able to rule out it's not you.

Better to engage now to avoid a trip to court and the hassle that involves.

 

[WesternLancer]

So I have just received a letter from Northern rail stating that I was unable to produce a ticket for a journey on the 15th of October and have now received a penalty of £106.20

It was addressed to me by name to my home address. The thing is. It wasn't me, i wasn't even on a train that day (I was at work). I've phoned up Northern rail who said someone gave my name and address and basically the fine stands!

I've sent an email to Northern rail saying it wasn't me. I've said I want to see CCTV from the train and I want the conductor to give a description of the person in question, what was their age and what they were wearing etc. I've told them if they can't produce this and they still wish to proceed with the case, then I will see them in court.

How does something like this even happen? It wasn't me and I will fight it all the way to court if need be.

Ignore what people in their call centres say on the phone - you need to deal with this in writing - so you have proof of what you said and what they reply to you (keep copies of everything). Keep your letter polite, brief, clear and factual.

As explained, someone is using your details falsely. Sadly this is not uncommon and is it is not a requirement to carry ID in the UK then ultimately the Inspector has to take the details they have been given. (as an aside you should do some basic checks if you can e.g. check you are correctly on the electoral register at the address you live at, and importantly check you have been removed for the electoral register at places you used to live at - contact the local councils in the areas concerned to check this).

It is likely they took a description of the person questioned, but they won't share that with you, but they may ask you to (or it may be in your interests) to send a copy of some photo ID so they can compare you with what they have on their records.

Finally - a Penalty Fare has to be issued to the person at the time, not in a letter afterwards. So I suspect you have not been sent a Penalty Fare in the post - I suspect what you have is something else. If you want that clarifying please upload a copy of what you have been sent to this thread with any personal details and ref numbers blanked out. Is it something Northern are calling a 'Fixed Penalty Notice'? This is different and that is important to know.

If things develop head back here for more advice.

 

[Fawkes Cat]

Finally - a Penalty Fare has to be issued to the person at the time, not in a letter afterwards. So I suspect you have not been sent a Penalty Fare in the post - I suspect what you have is something else. If you want that clarifying please upload a copy of what you have been sent to this thread with any personal details and ref numbers blanked out. Is it something Northern are calling a 'Fixed Penalty Notice'? This is different and that is important to know.

This is normally important - but not in this case. All the OP wants is for the railway to go away and stop bothering them. As long as the railway goes away, it's irrelevant what they would have pursued if they didn't go away.

 

[WesternLancer]

This is normally important - but not in this case. All the OP wants is for the railway to go away and stop bothering them. As long as the railway goes away, it's irrelevant what they would have pursued if they didn't go away.

indeed and helpful of you to add that - I mentioned it in case the OP gets (mis) advised about going down Appeal routes for Penalty Fares etc which would not apply if it is not actually a Penalty Fare (the thread title suggests the OP thinks it is and of course things are easily confused).

 

[Hadders]

There's highly likely to be bodycam footage available to Northern. Things like this happen all the time, they should easily be able to rule out it's not you.

Better to engage now to avoid a trip to court and the hassle that involves.

I doubt there's body worn camera footage available.