Fine for non payment when someone has given my address

[dinkiburns]

Hi - can anyone advise on this please. I got a letter form Merseyrail back in Feb to state my son had not paid his fare on the train. I know categorically that he did not get the train on the date on question as the date was my 50th birthday so as it was a landmark day I knew exactly where he was ALL day. I wrote to Merseyrail stating this and even included a photo of my driving licence to confirm my date of birth. I heard nothing back so assumed they had decided not to fine as as I was telling the truth (one of my sons friends must have given his name and address we think). Anyway just had a letter today from a Debt Collection agency and the fine has gone up to £56 !!! Not sure what to do next - anyone got any advice please.
I did try phoning Merseyrail several times when I got the original letter however they never answered the phone.
thanks,

 

[soil]

What does the letter say?

Could you upload a photo/scan of it?

Personally I ignore DCA letters, they generally go away if you do, but it does depend what they have actually said.

DCA should be a civil matter, and hence not at all serious if you play it right, but would need to see the actual letter to be sure.

 

[michael769]

I it is a court fine then it is most certainly not a civil matter and it is not safe to ignore court appointed ballifs.

Can the OP confirm if the amount requested is actually described as a "fine" in the letter?

 

[soil]

It seems clear from the OP that there has been no court case, and this 'fine' is just an alleged civil debt, which the DCA is speculatively trying to recover.

DCAs use language that is designed to confuse and intimidate, such as 'penalty', and may make reference to court proceedings that are unlikely to take place, but are unlikely to have referred to it as a 'fine' per se.

 

[dinkiburns]

It seems clear from the OP that there has been no court case, and this 'fine' is just an alleged civil debt, which the DCA is speculatively trying to recover.

DCAs use language that is designed to confuse and intimidate, such as 'penalty', and may make reference to court proceedings that are unlikely to take place, but are unlikely to have referred to it as a 'fine' per se.

The letter from the Debt Recovery agency states that Merseyrail has decided to issue a penalty fare rather than sending me to court. And it says I have failed to pay the penalty fare - and if I don't pay in 7 days then Merseyrail may take final recovery through the Courts. Which all seems very unfair given that I know exactly where my son was on that day ...

 

[soil]

What is the name and address of the DCA?

As you wrote to Merseyrail previously, you have discharged your responsibilities, mostly these DCA letters are fishing expeditions, but it is possible that they will take action, it does depend on the DCA/Merseyrail's policies, often with DCAs replying to them makes the more eager to pursue you.

 

[Rich McLean]

The letter from the Debt Recovery agency states that Merseyrail has decided to issue a penalty fare rather than sending me to court. And it says I have failed to pay the penalty fare - and if I don't pay in 7 days then Merseyrail may take final recovery through the Courts. Which all seems very unfair given that I know exactly where my son was on that day ...

In this situation, I would seek for those that you were with on that day, to each write letters to Merseyrail, stating where your son was on that day, in order to prove where he was, but it should never have to come to this. Failing that, seek legal advice, there are a few members on here who will be able to point you in the right direction. Most TOCs will only discuss these matters via post only, so phoning them may prove difficult, as you have just discovered

Good luck and hope this gets resolved

 

[michael769]

In this case you can respond to the DCA as follows:

This debt is denied. The matter must be referred back to your clients as required by your Office of Fair Trading licence. Should you contact me again a complaint will be submitted to the OFT.

Once Merseyrail get the matter back they may choose to take court action, depending on how strong they think their case is, at which time you will have the opportunity to defend yourself. Check your home contents policy to see if you have Legal Protection cover. If you do call their helpline for advise and assistance, they may be willing to take over the defense and negotiate with Merseyrail on your behalf.

If you do not have legal cover you may wish to contact Passenger Focus or your local MP for assistance. As has been pointed out you can still contact Mersyrail in the meantime to try to convince them to drop the matter.

 

[reb0118]

I would also find out from your son who he thinks dropped him in it. You can then deal with said person in true Liverpool fashion! .

Seriously though this is no way for "mates" to treat each other.

 

[AntoniC]

I would ask for the date, time & even description of the person who was reported for the offence. (All RPI`s use mini-video cameras).

If the offence took place at time & place where he couldnt have been (because he was with you) try submitting photographic evidence that he couldnt have been there.

Also remember that Merseyrail arent just going to take your word for it that it wasnt him because they most probably hear it a lot of the time from fare dodgers !.

Good luck !.

 

[bb21]

I wrote to Merseyrail stating this and even included a photo of my driving licence to confirm my date of birth.

Did you send this recorded? If not, do you have any other proof of postage to back up your claims if needed?

 

[dinkiburns]

Yes I know that they must have received the letter because they didn't know my name on the original letter that they sent - but the Debt Recovery now have my name (they have got it wrong ) but nevertheless Merseyrail must have passed on my name - albeit incorrectly.