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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 77155
Experience:  Over 5 years in practice
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I have been offered a administrative disposal option for non

Customer Question

I have been offered a administrative disposal option for non payment of rail fares which I do not dispute. I have made an offer to pay in 6 instalments but the say they cannot accept that I have to pay in full. Is there any alternative?
JA: Where are you? It matters because laws vary by location.
Customer: Great Missenden and it's Chiltern railways
JA: What steps have you taken so far?
Customer: I have had several exchanges by email and never disputed the offence I have merely asked for time to pay
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I don't think so
Submitted: 16 days ago.
Category: Law
Expert:  Jo C. replied 16 days ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

who have you asked this to please?

Customer: replied 16 days ago.
Only to yourselves on this website
Customer: replied 16 days ago.
I do not wish to pay £44 I understood I could ask as many questions as I needed to get an answer, is that not the case?
Expert:  Jo C. replied 16 days ago.

Ok, is this regulation 18 of the railwway by laws?

Customer: replied 16 days ago.
This is there message: There is sufficient evidence to warrant a prosecution under the Fraud Act 2006, however we have taken a view that we would prosecute under the Regulation of Railways Act 1889 S5.(3)(a) and therefore this would enable us to offer you the opportunity to resolve the matter by way of an administrative disposal.
Expert:  Jo C. replied 16 days ago.

Thank you.

You can always try to negotiate with them but the reality is that with administrative disposals they usually want the full amount paid in one fell swoop may just summoned you to court.

Of course there is no guarantee that they will do that but that is the risk that you are running.

To be fair, the costs do not increase enormously at court but they do increase.

Can I clarify anything for you?

Jo

Customer: replied 16 days ago.
The sum in question is £2400 and the most I can offer to pay now is £1500 is it worth making that offer as a full and final settlement ?
Expert:  Jo C. replied 16 days ago.

ARe you sure that is legitimate?

That is far in excess of what is normally claimed

Customer: replied 16 days ago.
See breakdown below: As requested, see below a breakdown regarding the 379 rail journeys in question.
178 return journeys (= 356 journeys)
23 Singles journeys
Total = 379 journeys
The rail fares avoided are based on the full undiscounted standard day single and standard day return (railcard discounts do not apply.)
23 x £5.10 = £117.30 (any day single from Stoke Mandeville to Great Missenden = £5.10)
178 x £9.60 = £1,708.80 (any day return from Stoke Mandeville to Great Missenden = £9.60)
Value of rail fares avoided = £1,826.10 + £600 (costs to date) = £2,426.10
Expert:  Jo C. replied 16 days ago.

Oh I see, it isn't just one journey.

In that case, if that is all you can offer then make that offer and suggest a repayment plan.

Customer: replied 16 days ago.
I have made an offer of repaying the full amount over 6 months but they say that cannot accept that, only payment in full or they issue a court summons
Expert:  Jo C. replied 16 days ago.

The problem is that they could I'm afraid.