Penalty Notice

[BigSmoke]

Hi guys,

I received an out of court settlement offer from TOC last month for shortfaring on about 15 journeys.

This morning I have been issued a fixed penalty notice for short faring.

What I am asking is whether today’s penalty fare can be withdrawn and they decide to prosecute? Is this possible?

Thank you.

== Doublepost prevention - post automatically merged: 19 Jun 2024 ==

I guess my point is if I have paid the out of court settlement and then pay the penalty fare asap - how can they take anything forward as every issue has been financial resolved?

 

[AlterEgo]

It sounds like you haven’t been given a penalty fare (these can only be given at the time of the stop, never retrospectively) but rather invited to settle out of court.

Which train company is involved? Could you upload a copy of the letter with your details redacted so we can take a look and tell you for sure?

 

[Fawkes Cat]

Hi guys,

I received an out of court settlement offer from TOC last month for shortfaring on about 15 journeys.

This morning I have been issued a fixed penalty notice for short faring.

What I am asking is whether today’s penalty fare can be withdrawn and they decide to prosecute? Is this possible?

Thank you.

== Doublepost prevention - post automatically merged: 19 Jun 2024 ==

I guess my point is if I have paid the out of court settlement and then pay the penalty fare asap - how can they take anything forward as every issue has been financial resolved?

Welcome to the forum!

Others will be along shortly and should be able to give a definitive answer but it seems to me that
- if you pay your penalty fare asap then even if the railway can withdraw it in favour of a prosecution they will be less likely to do so; and
- if you are concerned about the risk of prosecution then not short faring any more would minimise the risk.

 

[BigSmoke]

It sounds like you haven’t been given a penalty fare (these can only be given at the time of the stop, never retrospectively) but rather invited to settle out of court.

Which train company is involved? Could you upload a copy of the letter with your details redacted so we can take a look and tell you for sure?

I mean I received an out of court about 1 month ago - I settled that. Then today I was issued a fixed penalty.

 

[AlterEgo]

I mean I received an out of court about 1 month ago - I settled that. Then today I was issued a fixed penalty.

So you got caught doing it 15 times, settled out of court, and then...did it again?

 

[BigSmoke]

So you got caught doing it 15 times, settled out of court, and then...did it again?

I know it sounds ridiculous. I have been buying full tickets since.

It is not for want of reducing the fare - I was just rushing to board the train and once on it I couldn’t buy the ticket, so just bought from the next stop.

I am going to buy a season ticket now to prevent this in the future.

I am just asking whether the TOCs look into the Penalty Fares that are given and whether they should escalate them?

 

[AlterEgo]

I am just asking whether the TOCs look into the Penalty Fares that are given and whether they should escalate them?

Yes, they can, and do, so if you do not want it to escalate further you should pay it immediately.

 

[BigSmoke]

Yes, they can, and do, so if you do not want it to escalate further you should pay it immediately.

Once paid can they then return the funds and proceed with prosecution?

The revenue protection officer issued me the physical ticket and showed me he didn’t press ‘prosecution’ option on his device.

 

[Haywain]

I have been buying full tickets since.

Until today...

 

[BigSmoke]

Until today...

Yes true.

The guy that dealt with me was a lovely individual who had no intention in prosecuting me.

I hope this (as the 1st occasion should have been) is the catalyst for me to purchasing the season ticket.

== Doublepost prevention - post automatically merged: 19 Jun 2024 ==

Yes true.

The guy that dealt with me was a lovely individual who had no intention in prosecuting me.

I hope this (as the 1st occasion should have been) is the catalyst for me to purchasing the season ticket.

* I should say - is only the catalyst and nothing else

== Doublepost prevention - post automatically merged: 19 Jun 2024 ==

I have paid the Penalty Fare - hopefully that will be my final dealing with them in any capacity!

 

[skyhigh]

I hope this (as the 1st occasion should have been) is the catalyst for me to purchasing the season ticket.

If you were to be caught again you would probably find that any discretion evaporates and they'll just go straight to court without offering a settlement.

 

[gray1404]

I believe once a penalty fare is paid the train company cannot withdraw it. They can only do that between the time it is issued and paid but once paid that is the end of the matter. Perhaps others could confirm?

 

[Class 800]

I hope this (as the 1st occasion should have been) is the catalyst for me to purchasing the season ticket.

I hope so too, for your own sake.

 

[JetStream]

It is not for want of reducing the fare - I was just rushing to board the train and once on it I couldn’t buy the ticket, so just bought from the next stop.

You could have bought the ticket, you just couldn't have bought the advance ticket.

 

[Pushpit]

Once paid can they then return the funds and proceed with prosecution?

The revenue protection officer issued me the physical ticket and showed me he didn’t press ‘prosecution’ option on his device.

To answer the question, in theory you would be best appealing that penalty fare since the rules of the game mean they cannot then prosecute you. However I believe it's unknown for a penalty fare to be rescinded and replaced with a prosecution, though as with jail sentences it is technically possible. In your shoes (though I'd never be in your shoes) I would nevertheless pay the penalty fare at the very first opportunity.

Mind you, a jaw dropping thread, this one.