Someone gave my name in when they got caught on the train without a ticket

Freddie1980 · 23 Feb 2013 at 16:05

[TW]Fox;23819777 said:
This is complete rubbish.

It's not rubbish, a ticket inspector can't force you to show a ticket after all you have already paid to use the service which means you have entered into a contract wih the train company to render a service.

just Scott · 23 Feb 2013 at 16:07

[TW]Fox;23819787 said:
This is a ridiculous peice of advice in my opinion - if you just ignore it they won't go away (At the moment they don't know it isn't you they are after) and it will eventually end up in court, where you'll be obliged to attend, all for the sake of not dealing with it early on. This sort of thing does happen from time to time - contact them, explain it wasn't you, then re-evaluate the best steps to take next based on the outcome of the conversation/correspondance. You are hardly incriminating yourself by doing so given you were not even on the train!

Yeah, that's the plan atm.

Freddie1980 said:
It's not rubbish, a ticket inspector can't force you to show a ticket after all you have already paid to use the service which means you have entered into a contract wih the train company to render a service.

If you don't show your ticket you get fined.

Frodo1805 · 23 Feb 2013 at 16:09

[TW]Fox;23819787 said:
This is a ridiculous peice of advice in my opinion - if you just ignore it they won't go away (At the moment they don't know it isn't you they are after) and it will eventually end up in court, where you'll be obliged to attend, all for the sake of not dealing with it early on. This sort of thing does happen from time to time - contact them, explain it wasn't you, then re-evaluate the best steps to take next based on the outcome of the conversation/correspondance. You are hardly incriminating yourself by doing so given you were not even on the train!

not true.

I have had this happen to me, just ignore it, they will go away.

Hicks · 23 Feb 2013 at 16:14

H2F Scott said:
Got a letter today from merseyrail saying I need to pay a £75 fine for not buying a ticket and using the train 11 days ago. I'm 100% certain I haven't been on a train for months and someone has just given my name in.

How hard is it to get this sorted? Anyone been in a situation like this? Their phones aren't open till monday.

What's to be certain about? Either you did or you didn't surely?

Got a picture of the letter you can show us?

Nitefly · 23 Feb 2013 at 16:16

Hicks said:
Got a picture of the letter you can show us?

Don't do this.

Freddie1980 · 23 Feb 2013 at 16:18

It will never go to court because they have no evidence any small claims court will just reject it out of hand. Besides the train company knows this and they won't waste money chasing it which is a costly process.

Freddie1980 · 23 Feb 2013 at 16:20

H2F Scott said:
Yeah, that's the plan atm.

If you don't show your ticket you get fined.

And how will they go about fineing you?

just Scott · 23 Feb 2013 at 16:24

Freddie1980 said:
And how will they go about fineing you?

No idea, never had it done

hurfdurf · 23 Feb 2013 at 16:26

[TW]Fox;23819787 said:
This is a ridiculous peice of advice in my opinion - if you just ignore it they won't go away (At the moment they don't know it isn't you they are after) and it will eventually end up in court, where you'll be obliged to attend, all for the sake of not dealing with it early on. This sort of thing does happen from time to time - contact them, explain it wasn't you, then re-evaluate the best steps to take next based on the outcome of the conversation/correspondance. You are hardly incriminating yourself by doing so given you were not even on the train!

You are how ever showing that you are willing to song and dance for them. Let them prove you were on the train, why bother wasting the effort on empty threatening letters? Just like private parking companies.

LordSplodge · 23 Feb 2013 at 16:38

dbmzk1 said:
Indeed it's up to them to prove you were there, rather than for you to prove you were not. Inform them it wasn't you as suggested and ignore and relax

SlyReaper · 23 Feb 2013 at 16:41

hurfdurf said:
You are how ever showing that you are willing to song and dance for them. Let them prove you were on the train, why bother wasting the effort on empty threatening letters? Just like private parking companies.

It's hardly a song and dance to say "you have the wrong details".

Vulcan · 23 Feb 2013 at 16:55

[TW]Fox;23819787 said:
This is a ridiculous peice of advice in my opinion - if you just ignore it they won't go away (At the moment they don't know it isn't you they are after) and it will eventually end up in court, where you'll be obliged to attend, all for the sake of not dealing with it early on. This sort of thing does happen from time to time - contact them, explain it wasn't you, then re-evaluate the best steps to take next based on the outcome of the conversation/correspondance. You are hardly incriminating yourself by doing so given you were not even on the train!

Oh I see, so when you're guilty you can just write a letter saying "Nope, wasn't me!" and they'll stop at that? If they want to take him to court, they will, him writing back to them won't have any impact. It's the same with private parking companies and you know it.

OP - Do nothing.

VIPER258 · 23 Feb 2013 at 16:56

Most likely someone you know.

Just prove you were somewhere else.

Youstolemyname · 23 Feb 2013 at 17:08

Wow. Chances of the random name and address I gave in on the train recently being an OcUK forumite. I'm off to buy a lottery ticket and sorry about the letter....

SexyGreyFox · 23 Feb 2013 at 17:12

Freddie1980 said:
It's not rubbish, a ticket inspector can't force you to show a ticket after all you have already paid to use the service which means you have entered into a contract wih the train company to render a service.

Absolutely they can't force you but they can then absolutely stop the train and make you get off until 'Big Man' deals with you or ring the Police so they deal with you at the next stop.
It seems easier just to show the Inspector my ticket.

Burnsy2023 · 23 Feb 2013 at 17:13

There is a lot of worrying advice here.

Freddie1980 said:
It's not rubbish, a ticket inspector can't force you to show a ticket after all you have already paid to use the service which means you have entered into a contract wih the train company to render a service.

No, part of the national rail terms of carriage is that you must produce a ticket if requested by an authorised person.

Freddie1980 said:
It will never go to court because they have no evidence any small claims court will just reject it out of hand. Besides the train company knows this and they won't waste money chasing it which is a costly process.

It won't go to a small claims court because this isn't civil, this is CRIMINAL. Rail byelaws means that this will be dealt with in a criminal magistrates court.

hurfdurf said:
You are how ever showing that you are willing to song and dance for them. Let them prove you were on the train, why bother wasting the effort on empty threatening letters? Just like private parking companies.

Again, see above but lets see what could happen if you refuse to respond to anything: you get summoned to court, you fail to appear, an arrest warrant is issued for your arrest and the Police come knocking at 6am to take you before the next available court.

So, I would respond saying you weren't there.

hurfdurf · 23 Feb 2013 at 17:18

Freddie1980 said:
It's not rubbish, a ticket inspector can't force you to show a ticket after all you have already paid to use the service which means you have entered into a contract wih the train company to render a service.

Are you a freeman of the land by any chance?

hurfdurf · 23 Feb 2013 at 17:20

Burnsy2023 said:
Again, see above but lets see what could happen if you refuse to respond to anything: you get summoned to court, you fail to appear, an arrest warrant is issued for your arrest and the Police come knocking at 6am to take you before the next available court.

I am not saying do not respond to anything.

Respond when it gets to that stage to see if they are serious. I am saying to not respond to the pathetic initial threat, its not worth the time.

just Scott · 23 Feb 2013 at 17:21

hurfdurf said:
I am not saying do not respond to anything.

Respond when it gets to that stage to see if they are serious. I am saying to not respond to the pathetic initial threat, its not worth the time.

Why should I wait? What do I gain?

Burnsy2023 · 23 Feb 2013 at 17:23

hurfdurf said:
I am not saying do not respond to anything.

Respond when it gets to that stage to see if they are serious. I am saying to not respond to the pathetic initial threat, its not worth the time.

What, wait for the next step which is a court summons? How does that save the OP hassle?