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AIBU?

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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:
Jellybean85 · 12/07/2017 12:37

To be clear I'm not saying he should buy in advance, as pp said he's perfectly free to buy everyday and waste loads of money if he wants.
I work in a legal dept though (different area) and and judges are just humans there to make decisions based on the evidence.
And based on that story it would cross my mind that he's a regular fare dodger Blush

catlover1987 · 12/07/2017 12:38

The fact he doesn't have a monthly pass makes me think perhaps he only pays when he has to . So many ways to buy tickets now (online, via app etc) that there really is no excuse. Although I agree being taken to court for this seems a bit ridiculous. Why did you not get your post redirected?

Original poster
user1497444078 · 12/07/2017 12:38

baalam ID generally has to be photographic ID. Bank cards aren't typically accepted as proof of ID.

OP posts:
BitOutOfPractice · 12/07/2017 12:39

Ah, I see someone has already suggested a reason why he doesn't have a season ticket!

OP does he buy a ticket every day off the conductor?

And yes, the comment about your unborn child is ridiculous. I hope it was a joke. Perhaps if your DH gets a season ticket he can repay your unborn child the money "stolen" from the massive savings he'll make

thereallochnessmonster · 12/07/2017 12:40

Why on earth doesn't your dp buy a season ticket - monthly or annually? I fail to see how it's cheaper to buy a ticket every day. Also, surely you can't rely on a conductor being on a train every day!! There certainly wasn't when I commuted.

Also, why not have your post redirected after you moved house?

And it's ridiculous to say Evil train company stealing money from my unborn child - the fact that you're pg has nothing to do with your dp not buying a ticket! Unless you think that your dp should be let off because you're pg... Hmm

SlothMama · 12/07/2017 12:43

I'd fight it personally, it's not your DH's fault that their card machine wasn't working. Couldn't he be told to pay for a ticket on the other end of his journey?

Rail company tried to fine me after the machine wasn't working, I had the money with me but refused to accept it. Gave them a false address and name robbing gits.

Jellybean85 · 12/07/2017 12:43

Actually if you didn't re direct mail you should probably go visit your old house and see if there's any other important post/court summons!!

PuppyMonkey · 12/07/2017 12:43

I would have demanded some sort of proof on the day that the card machine wasn't working and it wasn't, in fact, a refusal to pay. Maybe the name of the conductor and a photo of the machine saying XXXX or whatever, with the date. All very well, in hindsight, I know.

But didn't your DH question having to pay a fine on the day itself, when he wasn't at fault at all? Confused

Confusedandintrigued · 12/07/2017 12:43

Yes jellybean nailed it.

Your commutes daily and buys a daily ticket.

Just doesn't make sense. I reckon he's scheming the train company AND having you on.

TinklyLittleLaugh · 12/07/2017 12:44

If he pleads guilty he will have a conviction for fraud. This will need to be disclosed to an employer and could stop him travelling abroad. My DS was in a similar situation.

I would say you need to prove that you never got the court summons and get it dealt with by the train company not the court.

Original poster
user1497444078 · 12/07/2017 12:44

because that's the rules

lurking my parents live by a small station with no office /ticket machine. The only means of buying a ticket is in the train. So if they decide to go into town one day are you saying the rule is they better hope the card machine is working otherwise a £4 journey could cost them £30+??

OP posts:
Original poster
user1497444078 · 12/07/2017 12:44

Will post more info when have spoken to DH shortly

OP posts:
amicissimma · 12/07/2017 12:45

This reply has been deleted

Message withdrawn at poster's request.

Mulledwine1 · 12/07/2017 12:46

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.

I don't think it is, if you check the national conditions of carriage and penalty fare rules. There used to be rules that you only had to wait 3 mins at off-peak times and 5 mins at peak times and then you could board the train (with permission) and buy on the train, but I notice they've disappeared from the most recent version of the rules. The problem is that the regulators are pretty spineless and let the rail companies do what they like. I always remember this story www.theguardian.com/money/2012/jan/27/malfunctioning-ticket-machine-east-coast-trains which just seemed unbelievable. I can only think that the managers in rail companies never use the trains themselves.

I agree if he travels daily it would make more sense to have a season ticket - where I am once you go 3 days a week it's cheaper to buy a season ticket.

It is worth contacting Passenger Focus who may be able to help your husband. They have helped in similar situations.

caffeinestream · 12/07/2017 12:46

I know it's not the point, but why doesn't he have a monthly/annual pass if he does the same commute everyday?

I think a judge would ask a similar question, tbh. If it was a one-off journey, the inability to pay thing might work, but not when he travels the same route everyday.

IHateUncleJamie · 12/07/2017 12:46

I'm confused - why did he plead guilty?

Also, on the many occasions that our ticket office is closed/machine not working so people can't top up Oyster/buy a ticket, even if the conductor's machine isn't working, I've got off at the other end, gone straight to a member of staff and said "I need to buy a ticket."

If they ask why I've not bought a ticket at my home station/on the train, I just explain why and there's never a problem.

Why didn't your DH do that? Why did he then plead guilty?

columnAcolumnB · 12/07/2017 12:50

It might be different where you are, but in NI you are expected to have the cash available to pay for a ticket in the event of the machine not working. So in such a case not having the cash on you is considered refusal to pay.

DameDiazepamTheDramaQueen · 12/07/2017 12:53

I think he's probably having you on OP.

TinklyLittleLaugh · 12/07/2017 12:53

To be honest, we live rurally, with unmanned stations on our line. Many people only buy a ticket if the conductor comes along.

mohuzivajehi · 12/07/2017 12:54

I was on a train recently where I tried to buy a ticket on the train (as my local station is unstaffed with no machine) but couldn't because the machine was malfunctioning - claiming that my destination station, Milton Keynes Central, does not exist. There wasn't a moment's suggestion that I would be liable for a fine. I had made a bona fide attempt to pay at my first opportunity. I was able to buy a ticket when I reached my destination.

Your DH should contest this unreasonable penalty when he did nothing wrong. However as a precaution it might get wise to always ensure he has cash in his wallet in case of card machine failure in future, just to avoid the stress.

Notthemessiah · 12/07/2017 12:54

Have to agree with others here. From what I've read as well as the OP's unwillingness to answer as to why DH does not have a season ticket if he travels every day, it does sound as though he's gaming the system and only paying on the days when there is a conductor on the train to check tickets and not paying all the other times.

If that's true, then while it seems wrong for the rail company to be taking DH to court it's hard to have sympathy for him. Karma's a bitch!

MyCalmX · 12/07/2017 12:54

I think your DP could prove it was a one off trip if there was no conductor on the train to buy a ticket but your DH does the commute daily and doesn't have a ticket.

I know it sucks but I actually think he does deserve a fine (not the amount due to missed correspondence mind!)

Lweji · 12/07/2017 12:56

I used to buy a daily ticket because it was cheaper than a season ticket at off peak times.

The station not having an office is no reason not to buy a season ticket, as he can surely buy one at the other end.

I'd also say that as there's always a risk that the machine doesn't work, he should carry enough cash to purchase a ticket. It's not that much at £4. I'd find it strange that he would have at least £5 on him.

nauticant · 12/07/2017 12:57

why doesn't he have a monthly/annual pass if he does the same commute everyday?

When I commuted I often had one day a week working from home. There wasn't enough difference in the price between 4 tickets per week and a season ticket to make it worthwhile. Especially since daily tickets were far more flexible, ie saving money if there was another day I didn't need to go into the office.

cliffdiver · 12/07/2017 12:57

Why didn't he purchase a ticket at the station when he alighted the train?

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