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Court summons for train fine

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DDGG88 | 15:54 Thu 02nd Feb 2012 | Law
6 Answers
I received an unwelcoming letter I was greeted with upon returning home for a weekend break from University.

I am a student at the University of Sheffield, studying French. In November in 2011, when completing a journey back from London to see my boyfriend I was pushed to make a train between two stops (the coach station is out of town).

My previous experience on these journey's was that tickets could be purchased on board, I have witnessed passengers do this in the past without problems. As I was rushed for time, I assumed I would be able to pay for my ticket on board, and proceeded straight to train before buying a ticket.

The ticket lady was very nice but explained to me that this was not the case and that I would receive a fine for not having a ticket. Despite being quite distressed I provided her with my details and went on my way.

The coming weeks later I was surprised not to have received any correspondence in the post at my term address which I thought I had provided.

It is only now it has come to my attention that my family address was taken (as printed on my Drivers License). I understand why this address was taken now, as there was proof, but due to my degree and family circumstances, I have not spent much time at my mother's house recently.

It wasn't until returning for this weekend that I was horrified to receive a courts summoning for 26th February.

As I'm sure you can imagine, being an honest person, upon receiving the initial fine letter in the first place I would have paid immediately. Even through the financial hardship, my boyfriend or family would have been able to help with this.

Unfortunately it has built up, which is something I probably cannot reverse. But I want to stress that intentions were good, and had I physically received this letter in the first place I would have cleared the outstanding debt.

I would like some advice (if available) about how to proceed supporting my case?

Should I send a letter to the fines department and hope for the best? Or just send my supporting evidence to the courts....and hope for the best.

Please help.

Lynn

As a student I am unsure that I will be able to afford a solicitor to represent me, but will follow whatever means possible to pay what you feel is due.

Kind Regards,

Liz Sheldon
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Why not write a letter now to the fines department and send it recorded delivery. You have nothing to lose by doing so.
I nearly got caught like that once.
I only used a particular train service about twice a year and just assumed you could still pay on the train and always did so because there was about 5 minutes between my bus arriving and the train leaving.
I was warned about it and just paid the normal fare but if it had been a day later I would have received a fine.

Another thing which happened was I had just filled my car with petrol and a man came over and wanted some complex directions which I was able to give him.
I totally forgot to pay for the petrol as a result and suddenly remembered when I got home about 8 miles away.
Fortunately the cashier had been asked for these directions by this man and she was unable to help and she recognised me as being a regular at the petrol station and she realised it was a mistake.
I phoned the petrol station when I got home and tried to give my credit card number over the phone but they said they had no facility for this.
They knew I went in to the station once a week and just said pay the next time I went in.

Amy
A couple of years ago, I attended my local magistrate’s courts as a plaintiff in a case.

While waiting for my case, I looked at the list of those appearing in the other courts; one listed the regional rail company as the plaintiff, with at least 30 separate defendants. I deduced that these were all for some form of non-payment for a ticket. Interestingly none of the defendants were in evidence at the court.

I assume that the process is that the rail company obtains a judgement (in effect by default) and can then use whatever methods are permitted by the court to enforce payment of the ticket/fine and other costs.

Whether any criminal sanction is applied as a result of the action taken by the rail company – I could not say.
There should be on the Summons contact details of the Solicitors, phone them and tell them you are offering to pay.

The only thing is, is when travelling from A to C, changing at B, you can buy a ticket straight from A to C!
Nothing to add on the direct point of the question but probably worth pointing out that if your driving licence doesn't have your "main" residential address on it that's against the law too.
Ring them tomorrow, and explain the situation, and offer to pay now.

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