Merseyrail are prosecuting me and the matter is now listed for a hearing next month. I would appreciate the opinions of forum members as to my chances of a positive outcome at the Magistrates Court
The circumstances are as follows. I bought a ticket the night before a journey planned for the following morning using the Trainline app on my Iphone. The journey involved travel along the local Merseyrail network to Liverpool City Centre and then onward travel to another city. My expectation when using the app was that I would be issued with an e-ticket as occurs on other routes. Instead an email confirming my purchase provided only a ticket collection reference. The next morning when arriving at my local station I was told that I had to travel to Liverpool Lime Street station to print off the ticket and further in order to make that journey I had to buy a further ticket for that part of the journey. This in my view was plainly unreasonable as I would effectively be paying twice for part of a journey I had already paid for. Having made this point the attendant said you can do what you like Im not bothered but youll get a penalty fare. There was clearly no point in taking this further at that point and I boarded a train to Liverpool city centre where upon arrival I was issued with a penalty notice. Immediately after I printed off the ticket at the mainline station and continued on my journey
The prosecution alleges a breach of s5(3)(a) of the Regulation of Railways Act 1889. The relevant part reads:
(3) If any person
(a) Travels or attempts to travel on a railway without having previously paid his fare,*and with intent to avoid payment thereof;
he shall be liable on summary conviction to a fine
In my defence I pointed out to Merseyrail that I had previously paid the required fare and consequently there was no intent to avoid payment. Merseyrails response didnt address this point but stated that the Merseyrail/Trainline rules require that a valid ticket is held prior to making a journey. They further say I should have chosen the option to have a ticket delivered to my phone. I have since responded to this by providing screen shots of the Trainline process which shows there was no option to purchase an eticket for this particular journey.
I have now received notification from Merseyrail of the trial date. The letter states that Merseyrail will seek full costs amounting to £500 and provides an option of an out of court settlement at a cost of £75.
Im very aggrieved about this matter and this feeling is compounded by what I consider to be the unprofessional manner shown so far by the companys prosecutions unit. Whatever the outcome of the prosecution I intend making a formal complaint. It is unacceptable that members of the public are entrapped by a process administered on behalf of the rail company. The Trainline app gives no warning as to the manner of delivery up until payment has been made nor does it make any reference to the need to buy another ticket in order to access the printing machine at additional cost and inconvenience.
Your observations would be appreciated. In particular are there any precedents for this situation? Im sure I wont be the first person ensnared in this fashion
Best Regards
The circumstances are as follows. I bought a ticket the night before a journey planned for the following morning using the Trainline app on my Iphone. The journey involved travel along the local Merseyrail network to Liverpool City Centre and then onward travel to another city. My expectation when using the app was that I would be issued with an e-ticket as occurs on other routes. Instead an email confirming my purchase provided only a ticket collection reference. The next morning when arriving at my local station I was told that I had to travel to Liverpool Lime Street station to print off the ticket and further in order to make that journey I had to buy a further ticket for that part of the journey. This in my view was plainly unreasonable as I would effectively be paying twice for part of a journey I had already paid for. Having made this point the attendant said you can do what you like Im not bothered but youll get a penalty fare. There was clearly no point in taking this further at that point and I boarded a train to Liverpool city centre where upon arrival I was issued with a penalty notice. Immediately after I printed off the ticket at the mainline station and continued on my journey
The prosecution alleges a breach of s5(3)(a) of the Regulation of Railways Act 1889. The relevant part reads:
(3) If any person
(a) Travels or attempts to travel on a railway without having previously paid his fare,*and with intent to avoid payment thereof;
he shall be liable on summary conviction to a fine
In my defence I pointed out to Merseyrail that I had previously paid the required fare and consequently there was no intent to avoid payment. Merseyrails response didnt address this point but stated that the Merseyrail/Trainline rules require that a valid ticket is held prior to making a journey. They further say I should have chosen the option to have a ticket delivered to my phone. I have since responded to this by providing screen shots of the Trainline process which shows there was no option to purchase an eticket for this particular journey.
I have now received notification from Merseyrail of the trial date. The letter states that Merseyrail will seek full costs amounting to £500 and provides an option of an out of court settlement at a cost of £75.
Im very aggrieved about this matter and this feeling is compounded by what I consider to be the unprofessional manner shown so far by the companys prosecutions unit. Whatever the outcome of the prosecution I intend making a formal complaint. It is unacceptable that members of the public are entrapped by a process administered on behalf of the rail company. The Trainline app gives no warning as to the manner of delivery up until payment has been made nor does it make any reference to the need to buy another ticket in order to access the printing machine at additional cost and inconvenience.
Your observations would be appreciated. In particular are there any precedents for this situation? Im sure I wont be the first person ensnared in this fashion
Best Regards