Penalty Fare Notice Question

[thefootmaster]

Hi,

To cut a long story short....if the inspector (LOROL) who wrote my ticket noted the time as 07:15 and not the actual time of 07:40 do I have a case for the ticket being invalid?

This will be my last appeal!

Any info would be much appreciated.

 

[RJ]

Hi,

To cut a long story short....if the inspector (LOROL) who wrote my ticket noted the time as 07:15 and not the actual time of 07:40 do I have a case for the ticket being invalid?

This will be my last appeal!

Any info would be much appreciated.

The notice may not be adequate to substantiate a prosecution if unpaid, so you might get a visit from the bailiffs instead!

The notion that nothing can be taken further on the basis of a mistake on the notice is common but incorrect.

 

[steadmane]

You can try appealing to the operator by letter but it's not exactly an easy argument because you are admitting to travelling anyway and it's down to whether the technicality can lose in court.

In court, to get it thrown out on that basis would rely on the opinion of a magistrate and whether the notice/record is required to be an exacting report. That would be a real gamble as if you lose the additional costs would easily go into the hundreds.

In a civil matter (which I am guessing unpaid Penalty fares are, by reference to the baliffs above) a technical inaccuracy is not a sole reason to favour the other side. It's not a John Grisham novel. I would accept the PF and pay. This is my own opinion.

 

[maniacmartin]

Bear in mind that LOROL could decide to prosecute to prosecute under the Railway Byelaws or Regulation of Railways Act instead (which isn't civil) if they feel they have enough evidence to do so, and you don't pay the PF.

 

[DaveNewcastle]

You can try appealing to the operator by letter but it's not exactly an easy argument because you are admitting to travelling anyway and it's down to whether the technicality can lose in court.

I strongly agree with the first point here (the OP's challenge admits an identical failure to produce a valid ticket for the journey taken and that you have an unpaid journey). I can't fully agree that it is a matter of Law which a Court would decide.
I consider that it is a matter of pragmatics which Revenue staff will assess on the merit of cost vs. benefit.

In court, to get it thrown out on that basis would rely on the opinion of a magistrate and whether the notice/record is required to be an exacting report. That would be a real gamble as if you lose the additional costs would easily go into the hundreds.

I am surprised by the prospect of a Prosecutor bring such a matter in front of the Magistrates. I would expect the Prosecution and Defence advocates to discuss the matter and, and guided by policy, consider the Evidential Test for any Prosecution and either withdraw or agree with the Defendant before reaching Court (even if just minutes before the Hearing).

In a civil matter (which I am guessing unpaid Penalty fares are, . . . . .

They are.