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Penalty fare notice after previous encounter.

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Muhfeelings

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Hello bit of an odd situation,

Last year I got fare evading yes stupid I know, I was interviewed and told I'd get a letter. I was able to settle the case out of court. Now just recently got a penalty fare and paid it on the spot, not for evasion but not having a ticket. I explained the reasons for not having a ticket etc and the fare was paid. I was NOT interviewed this time. Now what I want to know is considering my past settlement will this penalty fare lead to any possible further action? Who should I seek advice from about this? And who should I go to if I am prosecuted? Train company involved is GWR.
 
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island

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If a penalty fare is paid in full the matter very rarely goes further.
 

Stigy

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Hello bit of an odd situation,

Last year I got fare evading yes stupid I know, I was interviewed and told I'd get a letter. I was able to settle the case out of court. Now just recently got a penalty fare and paid it on the spot, not for evasion but not having a ticket. I explained the reasons for not having a ticket etc and the fare was paid. I was NOT interviewed this time. Now what I want to know is considering my past settlement will this penalty fare lead to any possible further action? Who should I seek advice from about this? And who should I go to if I am prosecuted? Train company involved is GWR.
As long as the Penalty Fare has been paid in accordance with the Penalty Fare legislation, the matter has been dealt with. The TOC can't simply cancel it once issued, especially since it's been paid. It would only be cancelled if you failed to pay it.
 

Bletchleyite

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As long as the Penalty Fare has been paid in accordance with the Penalty Fare legislation, the matter has been dealt with. The TOC can't simply cancel it once issued, especially since it's been paid. It would only be cancelled if you failed to pay it.


They can refund it and prosecute if they wish, though unlikely.


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furlong

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They can refund it and prosecute if they wish

In practice though, only in a serious case where they discover some new information not reasonably available to them at the time the decision to dispose of the matter with a Penalty Fare was made, which they can show that, had they known that information then, would have led to them not issuing that Penalty Fare.
 
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Muhfeelings

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23 Nov 2016
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In practice though, only in a serious case where they discover some new information not reasonably available to them at the time the decision to dispose of the matter with a Penalty Fare was made, which they can show that, had they known that information then, would have led to them not issuing that Penalty Fare.

The revenue protection staff member did ask if I had ever been issued a penalty fare before to which I explained I had been involved in an out of court settlement.
 
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Muhfeelings

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23 Nov 2016
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Thank you all for your replies by the way, I have read a lot in the news about the severity of rail laws and they are scary. Your replies seem to follow a concensus and are very reassuring to me. I was under the impression it was likely I wouldn't be prosecuted or even considered for it, but I wanted to know from people with a high amount of knowledge on these situations as I have very little. Thanks once again!
 
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furlong

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The revenue protection staff member did ask if I had ever been issued a penalty fare before to which I explained I had been involved in an out of court settlement.

If the company was aware at the time, and your answers were truthful and complete, it will have taken those circumstances into account when making its decision to dispose of the matter with a Penalty Fare.
 
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