FCC Penalty Fare - Advice Please

[KJH]

Yesterday, on Wednesday 25th June I was traveling from Denmark Hill to London Blackfriars for a job interview, and upon leaving the 176 Bus outside Denmark Hill station, my train was coming in so I ran for it and forgot to tap in, when I got onto the train, I had a very ominous feeling and felt I had to tap in, so I got off one stop later at Elephant & Castle in an attempt to correct my error.

However upon walking down the staircase to tap in, a group of maybe 7/8 inspectors plus officers were checking for tickets, and as the staircase was still congested with all the passengers, I walked back up the staircase, where I was stopped by plain clothed inspectors at roughly 8.50AM.

The inspector that approached me asked if I had a ticket, I immediately said "no" and presented him with my 16+ Oyster Card that had money in it. His colleague was busy using their only handheld scanner with another passenger so my inspector did not scan my Oyster Card, he sat me down while laughing and joking "that's not right" at a bench and asked a few questions, most of which I did not quite comprehend due to my failure to understand his accent and the trains speeding by.

I did not tell him I was getting off to correct my error, or that I was walking back up the staircase in order to wait for the passengers to disperse before heading down when it was quiet to explain my situation to the uniformed inspectors, since it would sound like an excuse, as far as I can tell, he assumed I was making a break for it.

I solemnly accepted and answered his questions with nodding and shaking my head as I was quite nervous and sad, he asked me if I had a bank card or cash and I said I don't have any, this is when his colleague handed him the oyster scanner and he simply took it and used it as a surface to balance his notepad and continued writing before asking for my details, I gave my name, address, DOB, Oystercard number etc, apart from my National Insurance number, which he asked for but I could not remember on the spot.

He then ripped me a small piece of paper that says "If fail to carry, passenger to send a copy of their season ticket within 14 days to the address below..." (I understand this is a generic slip often used)

I have been fined once before in November 2013, for the exact same reason of running for a train and forgetting to tap in, however back in November, I had cash on me and wholeheartedly admitted my wrong before paying the penalty fare of £20 immediately. Since then, I assumed it was compulsory to pay the penalty fare immediately, something I could not do in present day at Elephant & Castle since I had no money or card on me.

Upon searching how to pay a fare from a slip such as this in the afternoon after being fined, I came across several sources (this forum included) saying I will most likely be taken to court for a fine of £200+. I am starting my first year of university in September and have no means to pay such a sum, not to mention the possible criminal record. I had emailed the FCC customer services with the same details as above and they simply told me today (Thursday 26th June) it's not something their department deals with and that I should write a letter to the Prosecution Department, I was not given a name, number or email, just an address.

So I guess what I'm asking is, what will happen next? And how I can resolve this? Will I be sent a letter for the £20 Penalty fare? or will it be an Intention to Prosecute letter?

I want to clarify that I have no bad feelings towards the inspector or the system and would have happily paid £20 if I had money on me, and admit that traveling on trains without tapping in or having a valid ticket is my fault (Something I learned in November 2013 and have been good with tapping in and out since)

Any help would be really appreciated.

 

[MyFriendMary]

Likely an Intention to Prosecute letter as a Penalty Fare can only be issued there-and-then and in the eyes of the Inspectors it does look a bit suspect of you hoping off the train, making your way to the exit to then turn around when you see others being checked. From their point of view that would look like you were going to hop back on the train and in your above post you note that.

At this point in time, there isn't a whole lot you can do apart from waiting for the letter or if FCC even decide to take any action at all - they might 'forget' you.

A few questions though:

1. Did you sign anything?
2. Did you tap in at Elephant & Castle, or at all, and later tap out at London Blackfriars - or has this fare remained unpaid?

 

[KJH]

Thanks for the reply

A few questions though:

1. Did you sign anything?
2. Did you tap in at Elephant & Castle, or at all, and later tap out at London Blackfriars - or has this fare remained unpaid?

He asked me to sign a form which I did

And nope, he gave me the slip and told me to go downstairs where the uniformed inspectors would "let me pass"

After that, I took buses and did not take train again

 

[island]

Perhaps you can see that looking at this from an outside point of view it looks quite bad. You had no ticket (a non-validated Oyster card is not a ticket), no money to purchase one, and were seen avoiding an inspection.

You will not be eligible for a Penalty Fare as this requires that you be able to pay at least the single fare for the journey taken on the spot. You don't need to be able to pay the full £20 but since you said you had no money at all this is why the matter has been reported for prosecution.

As you were advised the correct course of action is to contact the prosecutions department and ask for an out of court settlement. You should expect to pay £80-100 based on average settlements we have seen on the board, but it could of course be more or less. If you do not pay you will almost certainly end up in court with a higher bill due to costs and victim surcharges.

 

[KJH]

Thanks for the reply Island

Would you advise me to contact them immediately to show my clear intentions? Or to wait, like MyFriendMary said, for a letter from them?

In terms of the £80-£100, am I given time to pay it or is it something they will give me 21 days etc to pay?

 

[reb0118]

In terms of the £80-£100, am I given time to pay it or is it something they will give me 21 days etc to pay?

Start saving!

You may have to pay on demand but it has been known to also be to pay by instalments. In any case there is no harm in having a few savings put by.

As a general point many people say they can not afford to save IMO this is not true but just a matter of perception in many cases (not all I accept) - start low, very low if needs be, say a few pounds a week but most importantly keep it regular. Regard the savings as "lost" - this requires willpower - and only to be used in an emergency (or once the savings goal has been achieved) not for general expenses.

Very soon you will see your savings increase - NB I do realise it is not always possible to save in the current financial climate but there is no harm in trying.

 

[KJH]

Start saving!

You may have to pay on demand but it has been known to also be to pay by instalments. In any case there is no harm in having a few savings put by.

As a general point many people say they can not afford to save IMO this is not true but just a matter of perception in many cases (not all I accept) - start low, very low if needs be, say a few pounds a week but most importantly keep it regular. Regard the savings as "lost" - this requires willpower - and only to be used in an emergency (or once the savings goal has been achieved) not for general expenses.

Very soon you will see your savings increase - NB I do realise it is not always possible to save in the current financial climate but there is no harm in trying.

Thanks for the moral support and information, I can only hope they are lenient in their decision