DH in court over train ticket

[user1497444078]

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+.

I hope we see the carpet thread again
The baby Barry in moses basket/ ski chalet thread was resurrected after 8 years, but I still enjoyed it.

@Witchitywoo

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??

This. Why not book the ticket online if the machine wasn’t working??

I don’t understand how he was happy to board a train with no ticket and then claim he did nothing wrong.
Same for not forwarding your mail. You can’t just claim it is not your fault that you don’t receive mail still sent to the old address.

Argh!!!

@LovelyLovelyWarmCoffee, this thread is from 2017.

Couldn't he do a Statutory Declaration because he did not receive the letters about the court date?

And then be re-sentenced?

I would absolutely argue the point. It’s not you DH fault that their ticket machine wasn’t working....

You gave them your actual address and considering moving home is up there with one of the most stressful things, it’s hardly going to be your priority to make sure the ticket company’s has your new address.

They shouldn’t have taken a month to process it anyway!!

It’s a set if unforeseen circumstances that they should take the hit for or at the Berry very least ask your DH to pay for the price of the original ticket only.

They’re taking the piss!

[quote BalladOfBarryAndFreda]@LovelyLovelyWarmCoffee, this thread is from 2017.[/quote]
🤣🤣🤣🤣

Ffs what a waste of time of my reply 🤣

Wish the first person that replies years after would look at the date before they start responding, because once it’s on the ‘active now’ board you assume it’s relevant 😫🤨😂

We need a big

ZOMBIE

Another zombie thread today 😳

I recently successfully contested a parking ticket where the machine wasn't working

Some of my letter which might be helpful in your DH's representations to the court said:

"The failure of the payment service to accept payment is not the consumer's responsibility and remains within the control of the service provider. It is not reasonable in these circumstances for me to assume any more obligations for making the payment, when unaware of a system error. In Jolley v Carmel Ltd [2000] 2 –EGLR -154, it was held that a party who makes reasonable endeavors to comply with contractual terms, should not be penalised for breach when unable to fully comply with the terms."

However, if you can prove you moved and all correspondence has gone to the previous address you should be able to get it thrown out any way.

Oh its a zombie

I don't get why posters search out and bump old threads. 😕

@EmeraldShamrock

I don't get why posters search out and bump old threads. 😕

I came across it accidentally when I searched a poster that rang a bell on another thread