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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

DH in court over train ticket

263 replies

user1497444078 · 12/07/2017 11:54

Apologies is advance for an essay. More of a WWYD than an Aibu.

DH commutes to work via train daily. Train is at 6:15 so he always purchases a ticket off the conductor (no means of buying at station before 6:30) and always by card.

Several month ago the card machine wasn't working and the conductor told DH he would need to pay a fine for 'failure to buy a ticket'. He had no ID and was asks to write his name and address down (which he did), but after a month and no news we forgot all about it.

We then moved house.

On Monday this week we received a letter saying he failed to meet a court date for 'evasion and refusal to pay for a ticket' and now needs to pay £700. They must sent letters to previous address which we never received.

DH had to go to court today and was advised if he pleads not guilty to the evasion and refusal to pay charge he would have to go to court and pay court fees and most likely the refusal to pay charge. If he pleads guilty however he was told he would need to pay original ticket plus a small fine.

DH is fuming as he never refused to pay, the card machine wasn't working. He has proof money sufficient money was in the account on that day, and proof of change of address, but says he will have to plead guilty as it will be cheaper/less hassle. DH is also questioning why he was so honest to write to down his real name/address as it's given us unnecessary hassle.

At 19weeks into first pregnancy I can really do without this stress.

So WWYD in this situation? Is it worth contacting the papers to highlight the injustice? Maybe I'm just hormonal. I know some ppl will argue he should have bought ticket in advance, but he has done the same routine on daily commutes for 5years+.

OP posts:
Justhadmyhaircut · 12/07/2017 11:58

Google Legal Beagles as you can submit to court a form to show you didn't receive the original documents. Likely it will be thrown out. Or if it goes forward attend with the paperwork you suggested. Don't plead guilty.

SpringySprung · 12/07/2017 11:59

This has happened to me before, small station with a machine on the platform only to buy tickets. Machine was out of order for weeks as someone had set it on fire. So only means of buying a ticket was on the train, i got on the carriage where i saw the guard opening the doors so i could ask for the ticket straight away and most knew the machine was out of order. A few times their card machines on board also weren't working or were "offline" (meaning the card will be declined but this is due to the machine and not the card) i was just let off the ticket everytime. It was NOT his fault and he should absolutely not have been fined. Why on earth did he not argue the point at the time? Why did he give his name and address? Why didn't you follow it up? Unfortunately now he will just need to attend court and explain himself and hopefully they will see sense. Next time argue argue argue he should not have been fined at all.

Witchitywoo · 12/07/2017 11:59

I wouldn't bother with the papers. I doubt anyone would be interested. And as you've already stated, people will say he should have bought it in advance. Mark it down as a life lesson, plead guilty, pay the fine and buy future tickets in advance.

ijustwannadance · 12/07/2017 12:00

Why would he have to pay a failure to buy a ticket fine when it wasn't his fault card machine wasn't working?
Surely he could've just explained and paid at the station he gets off at?

In future can he buy a monthly pass?

You probably should've had your mail redirected for a few months when you moved too.

Maremaremare · 12/07/2017 12:02

Geez, how stressful. Can you prove everything (eg: bank/credit card statements proving that he does normally buy a ticket; and that you moved house on x date, etc?). If so, it may be worth contacting a group called "Passenger Focus", which is mentioned in the below article.

Guardian article

Sunshinegirl82 · 12/07/2017 12:03

Can he not contact the train company and explain the situation? It doesn't sound as though he was in the wrong at all. Can he get evidence to show its not possible to purchase a ticket at the station before 6.30am? The train company must be relying on some sort of evidence? Have you seen it?

elfinpre · 12/07/2017 12:05

Don't plead guilty. Go to court and explain what happened, or better still, if you can reply to the claim, do that now. What a pain and a waste of everyone's time and money.

Jellybean85 · 12/07/2017 12:08

Does he regularly or always commute on that train? Just objectively it seems very unlikely he buys a ticket daily if so, it's the most expensive and least convenient way to do it: I wouldn't be surprised if a judge considered that he regularly didn't pay and only coughed up on the occasions asked

Monkeypuzzle32 · 12/07/2017 12:10

There is no proof of fare evasion, turn up with all documents and evidence of previous fare payments etc
Who advised him today?

Hillarious · 12/07/2017 12:10

Illustrates how important it is to have your mail forwarded when you move house.

Spam88 · 12/07/2017 12:10

I can't offer any advice, but I agree with PPs that he should never have been fined in the first place. And there's no reason he should be buying his tickets in advance so ignore people saying that.

TheFifthKey · 12/07/2017 12:11

At some stations you can't buy a monthly pass and you can't get one on the train, so it's normal for people to buy daily tickets. I know this was the case when I used to commute by train.

MatildaTheCat · 12/07/2017 12:12

Maybe its too late now but can he write a letter for the attention of the judge/ magistrates explaining the situation? They are human beings unlike the beaurocratic systems that create this kind of nonsense.

Original poster
user1497444078 · 12/07/2017 12:12

DH did explain that we moved house hence we didnt evade, but also explained the card machine was 'offline' and he had no cash. The card had money in and bottom line is the conductor was unable to issue him with a ticket but not through any fault of DH.

I think DH plead guilty but not had a chance to get all the details from him. Just makes me think sometimes honesty isn't the best policy and if he'd just lied about his name /address we wouldn't be stumped with unnecessary stress/cost...but that's why I married him he's the most honest man I know and struggled to tell even a little white lie.

Evil train comoany stealing money from my unborn childAngry

OP posts:
Monkeypuzzle32 · 12/07/2017 12:16

So, was this in court today? It's not clear-forget writing to the magistrate, they won't take any notice of it and can't use it. Was he represented?

Witchitywoo · 12/07/2017 12:17

What about buying the ticket online?? I really can't see any excuse for not having a ticket when it's a regular journey!! If it was a one off trip and he arrived at the station just as the train arrived then I can understand it. But it's a daily commute so why can't he be organised and get one online/in advance??

Baalam · 12/07/2017 12:18

Didnt he have id on his bank card?

CantChoose · 12/07/2017 12:18

IM glad he didn't give a false name and address - someone did that using my address and I had to prove they didn't live there! It's surprisingly hard to prove someone doesn't live somewhere compared to proving that you do... took months of aggravation to sort.
Surely if he buys a ticket like this every day he could have showed previous ticket purchases on his bank statement to prove that? If like another poster said he actually only pays occasionally then it serves him right.
Sometimes it is just less hassle to pay the fine than fight it though.

Whichwayyisup · 12/07/2017 12:19

That's a good point jellybean

BitOutOfPractice · 12/07/2017 12:29

If he travels every day why on earth doesn't he have a season / weekly / monthly ticket. He'd save a fortune, not to mention all this hassle.

SapphireStrange · 12/07/2017 12:32

What nonsense. Of course he shouldn't plead guilty. I'd be all over Twitter naming and shaming the train company.

SpottedGingham · 12/07/2017 12:32

Think jellybean made a good point ☝️

Original poster
user1497444078 · 12/07/2017 12:35

witchity by that rational what's the point in having a conductor with an ability to issue tickets? What if this wasn't a regular commute but a spontaneous day out? Conductors sell tickets on the train. This conductor was unable to issue a ticket. Your preference on how ppl should organise their daily commute tickets is irrelevant. DH had funds to pay, conductors equipment didn't allow issuing if a ticket. Who's at fault here?

OP posts:
LurkingHusband · 12/07/2017 12:35

Why would he have to pay a failure to buy a ticket fine when it wasn't his fault card machine wasn't working?

Because that's the rules.

On the (fortunately rare) occasions I have travelled by train, I have seen a notice that if the ticket machine is not working, you are to call a number before proceeding to travel. I've never had to do this, so I can't say what happens if you do and it's engaged/no reply.

I know I can be a bit of a young buck, but it's sad and predictable in 2017UK that this thread got to 20 messages, and no one asked WTF isn't e-ticketing the default system these days ? WTF was tehe point of privatising the railways if they still can't get ticketing right ?

notanurse2017 · 12/07/2017 12:36

This reply has been deleted

Message withdrawn at poster's request.