brickinthewall
New Member
I have my Statutory Declaration hearing on Friday.
Back in 2023, I bought a rail ticket using the wrong discount. I own a 16-25 rail card but the one I purchased was for a 16-17 rail card. This was a one time incident and I've never done this before. The price between the two tickets is 99p. The ticket operator took my address details but didnt say I was getting any penalty, but that he just needed to log it into the system. He mentioned that he can't verify my details and that it was a problem with the machine. He said he will get his manager to sort it and he left. I was given no information at all.
Fast forward to 20 days ago.. I suddenly received a letter from the court that I had a prosecution and a fine of £500. I had no idea what this was for so I had to call them up. But yes, it was for that mistake I made.
Looking at the documents that the court finally sent over, the railway company put the wrong house number. They put next doors address. So I can easily prove that I never received any notice of this.
So I am going to be pleading not-guilty. But I will attempt to settle this with the rail company out of court after my statutory declaration.
Now according to the railway penalty regulations 2018 he legally had to tell me he was giving me a penalty fine and he didn't? Even in his witness statement he doesn't mention that he told me I was getting a penalty. He didn't ask for any identification, he didn't give me any paper with any details on it. Nothing.
I also can prove this this was a one time incident, I travel along this route regularly and I've never purchased a ticket with the incorrect rail card.
I'm just feeling a bit anxious about it all. If I get a criminal record I could potentially lose my job.
What is the likelihood that Northern Rail would do an out of court settlement? Especially since they had the wrong address, and they didn't follow procedure when 'issuing the penalty'?
Back in 2023, I bought a rail ticket using the wrong discount. I own a 16-25 rail card but the one I purchased was for a 16-17 rail card. This was a one time incident and I've never done this before. The price between the two tickets is 99p. The ticket operator took my address details but didnt say I was getting any penalty, but that he just needed to log it into the system. He mentioned that he can't verify my details and that it was a problem with the machine. He said he will get his manager to sort it and he left. I was given no information at all.
Fast forward to 20 days ago.. I suddenly received a letter from the court that I had a prosecution and a fine of £500. I had no idea what this was for so I had to call them up. But yes, it was for that mistake I made.
Looking at the documents that the court finally sent over, the railway company put the wrong house number. They put next doors address. So I can easily prove that I never received any notice of this.
So I am going to be pleading not-guilty. But I will attempt to settle this with the rail company out of court after my statutory declaration.
Now according to the railway penalty regulations 2018 he legally had to tell me he was giving me a penalty fine and he didn't? Even in his witness statement he doesn't mention that he told me I was getting a penalty. He didn't ask for any identification, he didn't give me any paper with any details on it. Nothing.
I also can prove this this was a one time incident, I travel along this route regularly and I've never purchased a ticket with the incorrect rail card.
I'm just feeling a bit anxious about it all. If I get a criminal record I could potentially lose my job.
What is the likelihood that Northern Rail would do an out of court settlement? Especially since they had the wrong address, and they didn't follow procedure when 'issuing the penalty'?