Getting out of a train fine | Trusts & Law | Forum

I have been written to by a train company (first capital connect) who are attempting to extort money from me. Now I have been sent a court summons by the rail company.
apart from pleading not guilty to their "charges", does anyone have any advice as how to respond to them, i.e, what letters to write, laws to quote or legal precedence?

big thanks to anyone here who can help :)

Post edited 1:27 pm – 12/02/2012 by cupempty

I would like to ask the same question, thought I have not received a summons. I was travelling without a ticket and was written to by First Capital Connect the other day. It was a 'Notice of Intention to Prosecute'. I knew it was not from a court or magistrate, even though they said they would go to the magistrates court. They threatened a criminal record, up to £1000 fine, prison sentence, suspended sentence, community service, seizure of computer equipment (if involved), compensation, and costs. I knew they are trying to scare me into signing their form, but didn't know how much power the Conditions of Carriage gives them to make deadlines. I had only a few days left to fill out the form and send it back according to them. I did some research and wasn't sure whether I could just ignore this letter. So I printed the following on their form which was for my side of the story, and signed it. I plan to establish affidavits very soon to really take care of this hopefully. I am unsure about what to expect at this stage. I read in an Evening Standard article that they are tricking people who have made honest mistakes, and that making a fuss actually gets rid of them. This was regarding penalty fares only. But this is more seriously threatening, so I pointed it out while writing back to them, and that I would pay a penalty fare and the single fare I didn't pay (because that is the relevant National Rail Condition of Carriage – criminal prosecution is not – I think). Any advice would be wonderful, and thank you for being here everyone. 

"On 31.1.12, I travelled from New Barnet to Alexandra Palace, and did not scan my Oystercard because I was late. I'm willing to pay the outstanding fare from New Barnet to Alexandra Palace, and perhaps a penalty fare for my breach of the Conditions of Carriage A (2) and (4), as I cannot prove that I was willing to pay for the journey when I arrived at Alexandra Palace. But as a person living on 10 hours a week of work currently, I object to being threatened with criminal prosecution over a civil offence. I face a greater risk/liability as a private individual than First Capital Connect's scope of office. I was told by the Inspector that I would be sent a letter about this matter in 3 weeks, yet I received it on February 7th, requiring response by the 10th, giving me a sense of fear not originally imparted by the Conditions of Carriage or the Inspector. The Inspector failed to leave me with a copy of the form filled out with my registered details, therefore I have no record of what was said and written about me. The Inspector also accused me of also travelling from Highbury & Islington without a ticket, when as I explained, I was given a lift that day, not that I needed to. The accusations and threats are disproportionate to the above terms in the Conditions of Carriageabout Tickets and Penalty Fares.

Thank you
[name]"

That sounds interesting, I will try it if I get the chance. I have already written back as you can see, and got another response. It said "I have thought about your comments and I will go ahead with the case". I replied, asking what law they are using against me, and which court they are going to use. I also asked to settle it out of court. But is it too late to just say 'no contract', return to sender? Maybe I'll try it next time he writes back?

Well done, I'm glad they have left you alone.