Unpaid Fare Notice - Advice Needed

[Ferret]

Richw - what utter claptrap.

Well, that's what I wanted to say!!!! On a semi-serious note - all those who have been taken to Court for non-payment of UFNs and been chinged for the fare, plus Court costs etc etc must have had really crap lawyers representing them!

 

[mumrar]

That, richw, is one of the single worst pieces of advice I have ever heard/seen since Ian Huntley's lawyer suggested he 'accidentally' hit one of the girls causing a nose-bleed, and the other one got hysterical and he accidentally drowned her in the bath! I presume if richw ever get's a speeding fine he'll simply turn up to court with an engineless car and ask the Police to prove that he had an engine at the time and date in question. Hilarious stuff, a lawyer you are not!

 

[142094]

Richw - what utter claptrap.

Well said. There is good advice and bad advice. Then there is advice which is totally wrong. We want people coming to this site to get the right advice.

 

[Nick W]

I do believe that you (the OP) have made a genuine mistake. I think the TOC has handled this affair very very badly. As others have said, though, the railway is well within its right to charge the fare it as charged. I can appreciate the difficulty in paying the fare, myself only taking home under £35 a day after rent is paid, before anything like food is added on top.

If I were you I'd do one of two things:
1. Seek legal advice urgently and attempt to dispute the debt, which may cost you a lot more in the long run.
2. Pay the debt and sent a very diplomatic and well-written letter to the Train Operating Company. If I were you I'd post it here so other people can comment, or send me a private message.

Do not attempt to lie or resist payment - standing up alone in court is unlikely to get you any further unless you have time to research the law and previous similar cases in your favour.

Hope this helps, and I hope that this does not dissuade you from travelling on the railway. Just to give you some ideas as to how you might appeal, I quickly drafted up a letter but I'm sure others on here can suggest improvements.

Dear sir/madam,

Your train company has provided an excellent service to me in the past. The trains have run to time, the quality of comfort is excellent and the staff have almost always been pleasant. In the past I would always have been willing to recommend your travelling on your services to London.

Last time I travelled I took advance of the very well priced <insert name here> special offer. Unfortunately, I forgot to take the required voucher with me on the return journey, leading to me being issued £111 unpaid fare notice. I attach a photocopy of the notice, which I have since duly paid.

I realise that since the terms of conditions clearly state that a voucher is required, am entirely to blame for the excess payment. I'm sure you can agree, however, that such a mistake is easily made. Unfortunately, the hardship incurred as a result of my mistake has prevented me from considering travelling on your services again, nor recommending your services to friends and family.

In light of the fact that I travelled in good faith and made an honest mistake, I would like to ask you if you feel it might be reasonable to reimburse me the extra costs, or the difference between an off-peak single valid on the train and the anytime single I was charged.

I thank you very much for any assistance you can give me, and I look forward to hearing from you.

Yours sincerely,

...

 

[Drsatan]

I admit that the OP made a mistake, but EC's way of dealing with this seems unnecessarily harsh especially as other passengers using these special offers tickets have supposedly not been asked to produce the qualifying vouchers (having never traveled on EC I can't comment on this special offer they're running).

Nonetheless, if you want some professionals to examine your case, and hopefully embarrass EC into being more leniant, submit it to Times Money, or Guardian Money. If you want maximum coverage and even more money sell your story to one of the tabloids!

 

[scrapy]

The fact that other people have not had to produce vouchers in the past has nothing to do with it. It clearly states you need them with you. On only about 50% of rail journeys am I asked to produce a ticket. Does this mean I shouldn't buy one because I wasn't asked for one last time?

 

[EltonRoad]

I think that's a good letter from Nick W; it gets the point across without being pushy or rude. I might not go to the media initially; save it for later on. Columns like Jessica Investigates in the Telegraph tend to take up your case when you've had a go at sorting it out yourself.

 

[Ferret]

I think that's a good letter from Nick W; it gets the point across without being pushy or rude. I might not go to the media initially; save it for later on. Columns like Jessica Investigates in the Telegraph tend to take up your case when you've had a go at sorting it out yourself.

Well, you've got nothing to lose by writing to East Coast for sure, but I have to say that I don't hold out much hope. The terms and conditions were clearly stated and the OP did not abide by them. It's that clear cut I'm afraid.

 

[Solent&Wessex]

Once an UPFN is issued you have 10 days to appeal or pay. The wording on the TPE ones - who also use RPSS - is something along the lines of "The amount owed must be paid in full within 7 days of the receipt of this notice. If you wish to dispute your liability to pay the fare, an explanation of you failure to produce or pay for a valid ticket, along with any evidence, must be sent so as to arrive at this office no later than 7 days from the receipt of this notice".

Therefore, you have 10 (or 7, whatever it says) days to get an appeal letter to them. Provided RPSS get something in writing from you in the required timescale explaining everything, then no fees should be added and you won't have to do anything else until they have written back advising their view on your appeal / explanation.

My view is that they won't entertain your explanation as you appear to have failed to comply with the conditions of the ticket, but that is a different matter.

I am not sure about the reference above to a debt collection agency. I have often had to sign MG11 statements for Court Proceedings against people who have failed to pay an UPFN, and also on the court results sheet you often see "Unpaid UPFN" next to the name of someone who has just been fined £300 + costs + a criminal record by magistrates somewhere.