LCCC letter

[Jes107]

A few days ago I received a letter demanding payment for £300. This is the first time I have seen this and have not received letters giving me the opportunity to defend myself.
I had just moved to london and was staying in temporary accommodation when I got a fine for not having a ticket. The story was I used my oyster to get through the barrier thinking I could use it other end. I was wrong and I should have bought a £10 single. The conductor would not accept £10 and I refused to pay the £20 penalty.
I have several new home addresses as my credit file will show. My credit file does not even show the address that I gave the conductor as I had moved on within a week.
I have spoken with LLLC who advised me to go sign a decleration. I was just wondering I am actually declaring and what will happen after I sign it? Will I get a chance to pay the £20 or am I stuck with the higher amount? God I wish I could go back in time. Stressing me out!

Any help would be greatly appreciated.

Thanks

J

 

[34D]

Where was the journey from and to? We need to know this to advise whether or not he was wrong to refuse £10 part-payment

 

[Anvil1984]

Where was the journey from and to? We need to know this to advise whether or not he was wrong to refuse £10 part-payment

It doesnt not seem to be the case that the £10 was offered as part payment. If I read it right the normal fare was £10, the RPI refused to allow her to pay just the normal fare proposing to PF her but she refused to pay more than the normal fare which has led to court proceedings

 

[Clip]

What was your journey.

What balance did you have on your card when you got through the first barrier?

 

[Jes107]

Hi all, the normal fare would have been £10. I cant recall the stop but could find out by calling LCCC as I assume they must have the information. With regards to my oyster balance im not sure. The incident a couple of years ago. Are these facts important?

Thanks

J

 

[Romilly]

The OP may find that this thread from earlier this year answers their questions:

http://www.railforums.co.uk/showthread.php?p=1712351

 

[cuccir]

It sounds like you touched in with Oyster and travelled to a station outside of the Oyster Card validity. You were offered a Penalty Fare of £20 (which is offered to customers who do not have a valid ticket because of a mistake on their part) and refused to pay this. Your details were therefore recorded & passed on for investigation. As you moved on you did not hear about this investigation, which went ahead in your absence. The rail company decided they had enough evidence to prosecute, and you have been convicted in your absence.

That said, to confirm this, the more details you can offer (start-end stations in particular!) the better. Does the demand for £300 mention any legislation (likely Railway By-laws or Regulation of the Railways Act)?

If this is the case, then you can sign a Statutory Declaration to say that you had not heard of the prosecution. This removes the conviction, but allows the train company to restart prosecution procedures. At this point, you could contact them to offer an out of court settlement - I'd suspect that they'd want something very close to the fine (of £300) that the court had previously imposed, but they might go for it rather than pay for a second prosecution.

 

[34D]

Hi all, the normal fare would have been £10. I cant recall the stop but could find out by calling LCCC as I assume they must have the information. With regards to my oyster balance im not sure. The incident a couple of years ago. Are these facts important?

Thanks

J

In my view yes. If you were offered a Penalty Fare (£20 or more) you can 'part pay' this by paying the cost of the fare.

However this is likely to pale into significance against the backdrop of the full facts.