Advice with Intention to Prosecute

[StroudGreen]

Hi

Could someone let me know where I stand with this one...

Traveled to work last week and when I arrived at the station I realised I did not have my annual pass. I approached a guard and explained I must have left it at home. He gave me the option of paying the £20 fare or fill in a form for FCC to check against my details. He did not make out in anyway that I was avoiding the fare but rather allowing FCC to check my details. I later got a call from Oyster saying they had found my travel card and Oyster card and were holding it at Finsbury Park for me (So I'd dropped it on the way to the station).

My question is that is this likely to go to court? I've filled in the prosecution letter stating that I had dropped it and it was later found (I have the Osyter ref for the lost property).

Side note - I was not offered anything other than the £20 fare charge or to fill in a form along with showing some ID.

Thanks all!

 

[oversteer]

Did you actually pay the penalty fare?


Not that it's any help if you only notice on the train, but FCC will refund you if you buy a ticket due to leaving your season ticket at home, so if you do notice beforehand, buy the appropriate ticket for that day and claim it back. They will do this on up to two occasions per year.

http://www.firstcapitalconnect.co.uk/tickets-and-fares/season-tickets/season-ticket-faqs/

 

[StroudGreen]

Hi

No I was not given any option to pay the train fare. It was either you can pay a £20 fine or we take you details and FCC will check that you actually have a pass under your name.

I noticed at the barriers that my card was not there and simply approached one of the guards by the barriers....

I've read about the ability to pay the fare now but at the time I was not given that option or explained to me.

Aside from the he said/ she said do you think this is likely to be taken further if, as I state in my statement that it turns out I lost the card and have proof from Oyster that this is the case?
I would have happily paid for the ticket and then claimed it back but this was not an option given.

If it helps - The guard that took my details has got my first name and surname round the wrong way so perhaps FCC couldn't find me on their database.

 

[DelayRepay]

Have you had a letter saying you are to be prosecuted?

I am not a lawyer but I would suggest replying explaining exactly what happened, and including a photocopy of your season ticket/photocard as proof that it actually exists. Did you buy the season ticket from FCC? If you bought it from another train company, or TFL then it wouldn't be on FCC's database.

 

[island]

You will not be prosecuted or charged if it is the first time you have forgotten your season ticket in the last 12 months. I think if it is the second time you could be charged an admin fee. A third time and prosecution is possible.

If you have not sent FCC a legible copy of your season ticket and photocard, you should do so urgently.

 

[reb0118]

If it helps - The guard that took my details has got my first name and surname round the wrong way so perhaps FCC couldn't find me on their database.

Not sure if FCC are the same as us (they are in the same group though) but when we fill out a TIR form it's always surmame followed by first & middle names.

 

[StroudGreen]

Thanks all for your advice. See how it goes from here

 

[bb21]

Did you approach the RPI at the gateline after you have travelled or was it before entering the station?

 

[StroudGreen]

I traveled from Harringay to Hatfield and I found that I did not have my pass only when I arrived at Hatfield and then approached a guard.

Do you think this changes things? My frustration with this whole thing is that on the FCC website it states

If you board a train without a valid ticket and are approached by one of our Revenue Protection Inspectors you will be asked to provide your personal details i.e. name, address etc - which will be verified with a quick telephone call. You will then be asked to either pay the standard single fare for your journey (which will be refunded on production of your valid season ticket), if you have no money then it will be a 'nil paid' penalty fare.

There was no phone call or was I given the option to pay. Had I been told this I would have happily paid but as I said earlier, it was offered to me like - you can pay £20 or fill this form in and FCC check your details and as long as you're telling the truth then all will be fine...

Thanks again