Cold Turkey

I've just received a summons to appear before magistrate court for, wait for it, not having my British Rail photo card with me - although I did have a ticket!

Four months ago I got to the train station and bought my weekly ticket from the ticket machine as normal. When I went to put it in the Thameslink photocard wallet I realised I'd picked up my old photocard wallet by mistake.

Anyway, sure enough there was an inspector on the train that morning and when I said I'd forgotten my photocard he said I would have to pay a £10 penalty fare as my ticket was invalid. He was very insistent and got my back up treating me like a criminal even though I had just paid £75 for my ticket that morning. At no time did he get any paperwork out and it occurred to me that he was going to pocket the money. I informed him that I would not be paying and if he had a problem he should call the Police. He wanders off and comes back with a plain clothes policeman !! (Transport Police I guess)

The Policeman was cool. He seemed quite embarrassed to be involved with something so trivial and suggested to the Inspector that I could send a photocopy of my Photocard in to Thameslink. A common sense approach. The TI then pulls out a pad of pre-printed stationary for exactly such instances (for when people forget or have lost their actual season ticket!). I was happy with this approach although with hindsight am more than peeved that the inspector did not suggest this course of action in the first place. Is that Thameslink policy or was he being dishonest?

Anyway, in the hussle and bustle of my working day I completely forgot about the incident and forgot to send the photocopy of my photocard in. Now 4 months later I have a summons to appear before the magistrate !! They have applied for £100 costs if I plead guilty and if I plead innocent I have to appear in person which will cost much more than that in lost wages (self employed).

Now I did forget to send the photocopy in but I think jumping straight to a summons is way OTT. It is simple bullying knowing that most people won't want to pay for solicitors etc

Now I have been using the trains for 15yrs and am aware that technically you should carry your photocard. However I have forgotten it before, seen other people forget it and the inspectors havent batted an eyelid! I know lots of other commuters who can back this up. I'm not necessarily going to say that in my defense as it admits I was aware of the requirement of photocards.

I have since been back to the ticket machine and confirmed that at no stage does it stay a photocard is required before purchasing a weekly ticket. It just offers you a daily ticket at £23.80 or a weekly ticket at £75.00. I have even checked the (i) information page on the machine and it makes no mention of it there.

What should my defence be and what are my chances ?
And more importantly, if I contend this and appear in court (and won) would I be able to claim back my lost wages ?

All feedback welcome but if someone with legal experience / training or who has had a similar experience replies please mention this in the reply so I know what is opinion and what is advice!


Many thanks,

Turkey


Forgot to mention, the summons / inspector witness statement makes absolutely no mention of the Policeman and no mention of the slip to send in a copy of photocard - just says No photocard produced.

milo

i am not legally trained. however, if i were in your shoes, i'd just pay the £100 and chalk it up as a lesson learned and put it all behind me. i mean i cant see how u could have any defence at all - and if thats true, going to court would just cost you your days wages, plus their costs. it kinda sucks, but thats what id do in this situation.

Nick

What is the summons EXACTLY. Is it an offence not to carry a photocard? Is this a criminal issue, or just a civil issue between you & the train co. If a criminal issue, then the offence may already have been commited - ie not carrying the photocard & you are guilty. If it's a civil issue, then it's different & in fact you owned the photocard & simply did not have it with you, therefore there was no actual loss to the train company. I'd fight them if it's civil or admit guilt if it's criminal.

Also see a solicitor!

Cold Turkey

errr, don't know I'm tempted just to pay up as Milo says because I hate hassle, paperwork etc but its the principle of the matter ! Sometimes principles can cost you but they are important to me.

I'll be contacting a solicitor on Monday but just wondered if anyone on here had a 'professional' opinion.

There has been no loss to the train company because I have paid the £75 for my ticket. At the same time I realise being forgetful ain't a great defense (look at Rio Ferdinand!). I just find it strange (and harsh) that no other attempt at resolution was made. What if I had given a false name and address (I showed no ID) ? Some poor sod would be receiving a summons out of the blue !!

If I do pay up I'll be putting in a formal complaint against the inspector. Sour grapes I'll admit but I found his demands for money when other avenues were available as a very poor show. If he was merely following company policy then I will take issue with that policy with the relevant complaints authority.