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Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Did you not pay the penalty charge please?
Why did not use the ticket machine or book online?
Hi Alex i did not play the penalty charge due the way the inspector abused my rights
Then that is why it is going to Court.
Did you complain to the train operating company?
Yes they use a handling process company, but would not repeal the penalty charge
Sadly that is a problem for you.
You would have avoided Court if you had paid and then contested it
But now you face Court.
What is the exact wording of the allegation?
That on 11th Nov 2013 between Stourbrige and Birmingham Moor St, entered strain in a non-compulsory ticket area for the purpose of travelling on the railway without having a valid ticket entitling travel
( Byelaw 18(1). )
Its bad news I am afraid:
If any person—
(a)Travels or attempts to travel on a railway without having previously paid his fare, and with intent to avoid payment thereof; or
(b)Having paid his fare for a certain distance, knowingly and wilfully proceeds by train beyond that distance without previously paying the additional fare for the additional distance, and with intent to avoid payment thereof; or
(c)Having failed to pay his fare, gives in reply to a request by an officer of a railway company a false name or address,
If you did not INTEND to avoid payment then you are not guilty.
This means you can enter a not guilty plea and the matter will proceed to trial
The rail company will have to show that you intended to travel with the purpose of avoiding payment
Therefore if you enter a not guilty plea, it will be set down for trial
You can't avoid that at this stage
Its being taken to Court.
You should have paid the penalty fare.
But enter a plea and there will be a trial
Can I clarify anything for you about this today please?
Yes the court papers say that if i pay the fare £4.80 plus £125 as a contribution towards prosecution costs in the statement of facts if i agree in writing and pay the costs, although i still feel that inspector abused my rights, and i did not reduce to pay the guard who was on train , she reduced this saying i got on the train with the intent of not paying, thats not true.
i think it may best to pay the costs, as i am worried about court over a trivial matter
Thanks i think i might consider taking the inspector to court separately for abusing my rights, and write to the court incl paying the fees apologising saying that i am worried about court and further hearings which could escalate into costs i am in no position to afford.
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