Got issued with panalty fare at Victoria the other week, as I didnt have time to wait in the massive queue at my station. So paid the £4 single and went on my way. Now being chased for the £16, i wrote them saying why I had to get on before I bought a ticket, ie had to be in work for important meeting, there were about 30 exchange students at ticket office, I had waited in excess of 5 mins (which is the reasonable rush hour limit according to DOT guidelines) so had to get on train to avoid being late. Got a letter back from the ironically named Independent Penalty Fares Appeal Service,( I say that because it is a subsiduary of SE trains, operating from their HQ and run by their staff) saying they were dismissing my appeal, i didnt incidentally appeal, I just said I wasnt paying the £16, which I also told them was now £13.90 as I had to go to work via charing cross and the district line one morning that week as there were no victoria trains. Anyway next i get a letter saying it is now £36 and that if I didnt pay up they will issue criminal proceedings against me and I could face £1000 and 3 months in prison.
I have now wrote back this morning and challenged them on the following basis:
1/ The penalty fare notice issued states is was issued at waterloo east not Victoria therefore is technically invalid anyway
2/ Recovery of a penatly fare is a civil matter not criminal. therefore they have no grounds threatening me. In fact if they want to get the £13.90 they will have to sue me.
3/ the only instance where a criminal offence can occur is if you fail to give valid name and address when asked or where I have made a deliberate attempt to not pay, I paid the single fare at Victoria.
4/ There attempt you use criminal proceedings to recover a civil debt are tantamount to demanding money with menaces or blackmail, which contravenes the theft act of 1968, under which I have grounds to proescute them.
I'll update you as and when!!
I have now wrote back this morning and challenged them on the following basis:
1/ The penalty fare notice issued states is was issued at waterloo east not Victoria therefore is technically invalid anyway
2/ Recovery of a penatly fare is a civil matter not criminal. therefore they have no grounds threatening me. In fact if they want to get the £13.90 they will have to sue me.
3/ the only instance where a criminal offence can occur is if you fail to give valid name and address when asked or where I have made a deliberate attempt to not pay, I paid the single fare at Victoria.
4/ There attempt you use criminal proceedings to recover a civil debt are tantamount to demanding money with menaces or blackmail, which contravenes the theft act of 1968, under which I have grounds to proescute them.
I'll update you as and when!!
!
