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Maximum penalty charge for Sec 18(2) offence

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Sandra

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I was charged £400 for a section 18 (2) offence which i find absolutely ridiculous. I will like to make a formal complaint to First capital connect as this is my first offence and did not even commit the offence knowingly. All this was explained and was asked to pay a penalty of £175, costs of £198 and ticket charge of £15.
Is there a way of claiming back some of the £400 paid?
 
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ainsworth74

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I was charged £400 for a section 18 (2) offence which i find absolutely ridiculous. I will like to make a formal complaint to First capital connect as this is my first offence and did not even commit the offence knowingly. All this was explained and was asked to pay a penalty of £175, costs of £198 and ticket charge of £15.
Is there a way of claiming back some of the £400 paid?

Firstly, this should be in a separate thread and I guess a moderator will move it soon. Secondly, ignorance of the law is not a defence. Thirdly if it's got as far as court (which from the charges levelled against you seems likely) then you would I believe have to appeal through the courts rather than seek compensation from FCC. Finally if you want our advice/help (though I think it's too late for that) then you will have to give a far more detailed description of exactly what happened. Where were you travelling from/to and what tickets did you hold if anym for example. On the information given any advice is going to be incredibly general.
 

AlterEgo

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So if I have it right you went to court and were fined because you were guilty of an offence?

If that is the case, and you still feel hard done by, I suggest you get a solicitor.
 

Ferret

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I was charged £400 for a section 18 (2) offence which i find absolutely ridiculous. I will like to make a formal complaint to First capital connect as this is my first offence and did not even commit the offence knowingly. All this was explained and was asked to pay a penalty of £175, costs of £198 and ticket charge of £15.
Is there a way of claiming back some of the £400 paid?

What were the specific circumstances then? I'm imagining that you were caught without a ticket and FCC reported you for prosecution, and you were then convicted at a Magistrates Court. If that's the case, complaining to FCC is a total waste of time - the matter is over as far as they are concerned. Passenger Focus will probably not be interested either once a case has reached Court and a guilty verdict reached. I'm afraid to say it would appear that your only viable option is to accept that you have been caught, pay your fine and not put yourself in the same position again.
 

swt_passenger

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I think you didn't pay a penalty of £175, but paid a fine of £175.

This is an important distinction, because although many people use the two words almost interchangeably, only a court can punish you with a fine.
 

AlterEgo

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who will charge a few hundred pounds for any work done on your behalf.

Indeed - although is Legal Aid not available for this sort of thing? Pardon my ignorance.

It does seem 95% likely that the OP went to court, although this isn't exactly confirmed.
 

trc666

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Correct me if I am wrong, but isn't section 18 to do with offences against the person (ie assault)?
 

DaveNewcastle

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Correct me if I am wrong, but isn't section 18 to do with offences against the person (ie assault)?
I think that might depend on which Act we were looking at.
Here's Section 18 of the Railway Byelaws
18. Ticketless travel in non-compulsory ticket areas
(1) In any area not designated as a compulsory ticket area, no person shall enter any train for the purpose of travelling on the railway unless he has with him a valid ticket entitling him to travel.
(2) A person shall hand over his ticket for inspection and verification of validity when asked to do so by an authorised person.
(3) No person shall be in breach of Byelaw 18(1) or 18(2) if:
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(i) there were no facilities in working order for the issue or validation of any ticket at the time when, and the station where, he began his journey; or
(ii) there was a notice at the station where he began his journey permitting journeys to be started without a valid ticket; or
(iii) an authorised person gave him permission to travel without a valid ticket.
I just wonder if the OP will be back here (or will find the moved thread).
 

island

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As mentioned above, this appears to be a magistrates' court fine and would need to be appealed to the crown court (and not FCC). This is far outside the scope of what this forum can assist you with; you need a solicitor.
 
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