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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69375
Experience:  Over 5 years in practice
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I have received a Notice of Fine and collection Order for boarding

Customer Question

I have received a Notice of Fine and collection Order for boarding a train in a non compulsory ticket area without a valid ticket - railway bye-Law - after pleading guilty. I pleaded guilty as I did board the train without a ticket as I didn't see anything wrong with this as there are conductors taking fares on the train. I was issued with a fine of £145, comp £2.80, Victim surcharge £20 and costs £95 so a total of £262.80 for a £2.80 journey which I fully intended to pay on the journey. The journey was with Northern Rail but the summons was made by East Midlands?
I would like to appeal this fine as I cannot understand it as the offence implies a ticket is not required at the point of boarding? According to the Railways Act 1889, Section 5 (as amended) ... on the request of the officer I should pay my fare from the place whence started ... and in the case of default shall be liable on summary conviction to a fine'. I had every intention of paying the fare? A website also implies the railway bye-law has been repealed? Please let me know if it is worth me appealing or whether I stand no chance and therefore an a appeal will just result in additional costs
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Why did you not buy a ticket?
Customer: replied 3 years ago.

This wasn't my normal journey. I have a season ticket for my normal journey with the same train operator. I see passengers paying for fares every day on this route. Therefore, as I didn't have time to buy a ticket for this particular journey I didn't think it was an issue as I would pay the conductor

Expert:  Jo C. replied 3 years ago.
I'm sorry but I'm not sure what the point of appeal is?

Did you have a ticket?
Customer: replied 3 years ago.

No I didn't have a ticket. The appeal is against the collection order. I should only have to pay the cost of the journey? The office is boarding a train in a NON COMPULSORY TICKET AREA without a valid ticket. If it is non compulsory ticket area then it isn't compulsory and I was free to board without a ticket? I see the conductors take fares every day and there is no issue. I would understand the collection order if they approached me and I failed to pay or tried to avoid payment... I did neither? How can East Midlands take me to court when the journey was with Northern Rail - a totally unrelated train operator?

Expert:  Jo C. replied 3 years ago.
I'm really sorry but you misunderstand the position I'm afraid.

If the collection order is misworded then thats unfortunate. That is not a ground of appeal against the original conviction.

I'm very sorry.

Customer: replied 3 years ago.

but it isn't misworded? The offence is 'boarding a train in a non compulsory ticket area without a valid ticket'


 


what is the position then? Are you saying the summons is valid, i.e. even though I see conductors taking fares every day all those passengers are breaking the law every day and I was just the unlucky one getting the revenue inspector?

Expert:  Jo C. replied 3 years ago.
Is this Railway Bye Law reg 18?

The fact that other people have committed an offence does not give you a defence for doing so.

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