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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69259
Experience:  Over 5 years in practice
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Dear Madam/Sir, In October 2013, I was given a fine for

Resolved Question:

Dear Madam/Sir,

In October 2013, I was given a fine for not having a valid ticket on the southwest services. I actually thought that I was still in an oyster zone (and had a weekly pass 1 to 6). I asked the control officer to give me a travel ticket, as I know that they are required to give you the first option of purchasing a normal fare ticket (happened to me on FirstCapital Connect and there was no problem). He said that he is going to give me a £20 ticket, which I refused to pay because he didn't want to give me a normal ticket.

Being extremely busy I totally forgot to appeal their fine, thus resulting in being issued a "notice of fine and collection" after I was summoned to court.

One thing that motivated me into ignoring the claim is that they did not write my full name on the fine, and all bank accounts, passports, everything has my full name and the NINO is misspell by a number (as the control officer was a bit illiterate - It took him 1 hour to write the fine...)

My question is: Can I ignore the notice of fine and not be liable for anything because my name is XXXXX XXXXX and nino is wrong, plus the notice said that the address was not verified? Or can I appeal it, with chances of winning? Or, should I just pay it and forget about it?

thank you,
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

On what basis do you wish to appeal the fine please?
Customer: replied 2 years ago.

On the basis that they didn't offer me the option to purchase a single fare ticket

Expert:  Jo C. replied 2 years ago.
Are you asking if this is a defence?
Customer: replied 2 years ago.

I am asking if it is still possible to do this, given the fact that the court has issued a "notice of fine and collection" and I was present when I was summoned.


More importantly I was asking if I can ignore this notice given that the name on it is not complete and NINO is wrong.

Expert:  Jo C. replied 2 years ago.
I am sorry but its bad news

If you were travelling beyond the legitimate remit of your Oyster card then they can issue a fine. They may well have a policy of allowing a person to purchase a ticket but they do not have to do that. They have chosen not to here. It is always regrettable when they exercise their discretion against you but they do not have to exercise discretion in your favour.

In relation to the name upon a summons/notice there is case law on what makes these things defective and it literally has to be such that you cannot understand it is for you. A misspelling is not sufficient.

If you ignore it then they will just convict you in absence and despatch bailiffs. The cost will then be very significant.

In relation to the address, that would only be an issue if the documents had not reached you and clearly they did I'm afraid.

I'm very sorry but there was never a basis to appeal on these grounds and anyway you did not. I do appreciate that these things are probably not priority for a busy person but that is not a defence.

Can I clarify anything for you?

Customer: replied 2 years ago.

Therefore, the fact the they didn't use my complete name (although they got it from my ID), and wrong NINO will still affect me?

I am registered in all institutions with my full name - thus it seemed to me that it shouldn't affect me.


the fine is £350, what would be the probable effect of me not paying the fine?

Expert:  Jo C. replied 2 years ago.
Yes, it will i'm afraid.

If you don't pay the fine they will send it to bailiffs and the total will probably rack up to about £1000 by the time their fees are added.
Jo C., Barrister
Category: Law
Satisfied Customers: 69259
Experience: Over 5 years in practice
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