First Capital Connect prosecution

[opayin]

Haven't used an over rail services for over 6yrs but decided I needed to travel to Hatfield for a family appointment. On my return journey, I was so engrossed over my Guardian crossword puzzle I didn't notice I had jumped on an almost empty first class carriage until I was informed of this by the ticket inspector at the next stop after I boarded the train.

I apologised and offered to move carriages or pay the difference in fares. The ticket inspector refused and wanted me to pay a fine plus the full fare which I found ridiculous. I've just received a letter of intended prosecution from first connect and they want my side of the story.

I'm currently unemployed and would do without this drama. What am I looking at and how can I get out of this?

BTW I was traveling from Hatfield to Kings X on Wednesday at around 3:30pm.

 

[bb21]

Unfortunately ignorance is not an excuse.

Do you remember what conversation took place? Did he ask you to pay a Penalty Fare? Did you refuse?

 

[island]

It sounds like the passenger was asked to pay a Penalty Fare (which he refers to by the colloquial term "fine") and the full FDS from the next stop to his destination, and chose not to. Unfortunately this will prove much more expensive.

 

[tony6499]

The penalty fare was devised for this kind of mistake so by refusing to pay the fare and settle the matter things are now going to escalate

 

[Fare-Cop]

Haven't used an over rail services for over 6yrs

I apologised and offered to move carriages or pay the difference in fares. The ticket inspector refused and wanted me to pay a fine plus the full fare which I found ridiculous.

The penalty fare was devised for this kind of mistake so by refusing to pay the fare and settle the matter things are now going to escalate

The penalty fare rules originally came into effect in 1989 with relatively minor amendments since, so this isn't anything new within the last 6 years I'm afraid.

Tony is right, FCC are now quite likely to take a hard line.

You should reply in writing promptly, explain your version of events, apologise and ask if they are prepared to resolve the matter without Court action.

 

[jon0844]

I was so engrossed over my Guardian crossword puzzle I didn't notice I had jumped on an almost empty first class carriage

Really? You didn't notice every seat with first class written on it - or anything on the wall, windows, or the door that you quite likely walked through that had a warning on it?

I'd suggest you be a little bit more honest in your letter to FCC. They won't believe that for one second. The Guardian isn't big enough to block out your view completely for one.

 

[opayin]

Really? You didn't notice every seat with first class written on it - or anything on the wall, windows, or the door that you quite likely walked through that had a warning on it?

I'd suggest you be a little bit more honest in your letter to FCC. They won't believe that for one second. The Guardian isn't big enough to block out your view completely for one.

I should be more honest you say? Thanks for the advice, very helpful.

 

[cuccir]

I think that the point that Jon is making is that it's very common for people who sit in First Class without a Standard Class ticket to say that they didn't know it was First Class. It is, I'm sure you would appreciate, nigh on impossible to tell the difference between someone making a genuine mistake, and someone who regularly does this to try and avoid the full First Class fare.

This is (ostensibly) why Penalty Fares were brought in: to dissuade the regular chancers, without over-punishing the people who make an innocent mistake. Having missed this chance, your best bet is to do as Fare-Cop noted above:

You should reply in writing promptly, explain your version of events, apologise and ask if they are prepared to resolve the matter without Court action.

If payment of a settlement or the fare would be difficult, I'd note that you are willing to pay in instalments. If you do not do this, there is a high chance that FCC will successfully prosecute you.

 

[jon0844]

I should be more honest you say? Thanks for the advice, very helpful.

My point is that they're almost certainly not going to believe you. I mean, you can't have been holding the paper to your face from when you got on and sat down, and right up until the RPI approached you?

So, if you skip that bit and just apologise then you stand a better chance of them going for a simple offer of a settlement to end it there and then, given it's the first offence. Pay up, move on and perhaps be a bit more observant next time if you really didn't notice ANY of the signs or antimacassars, or the door you walked through to get there.

 

[Flamingo]

Claiming you can't read won't go very far, either...

 

[Darandio]

I should be more honest you say? Thanks for the advice, very helpful.

The sarcasm of this, coupled with....

What am I looking at and how can I get out of this?

This section of the forum isn't a place for people to 'get out of this' as you quite simply can't. This section is for those who want genuine help, something your sarcasm suggests you don't actually want.