Hi, I have read few threads in the forum as I was also caught by NXEA RPO few weeks back and I was unable to produce ticket for my journey. I rushed to get train and forgot to buy ticket in a London stations. I am very stressed now with possiblity of procecution in my mind.
-
Our booking engine at tickets.railforums.co.uk (powered by TrainSplit) helps support the running of the forum with every ticket purchase! Find out more and ask any questions/give us feedback in this thread!
NXEA Prosecution due to failure to touch in
- Thread starter cjk
- Start date
- Status
Sponsor Post - registered members do not see these adverts; click here to register, or click here to log in
R
RailUK Forums
scotsman
Established Member
- Joined
- 6 Jul 2010
- Messages
- 3,252
In order for us to help you, we need to know exactly what happened and the full circumstances and context of the incident. This means we need you to be entirely truthful, I'm not saying you weren't, but it's the only way we can help - otherwise we might just complicate things for you.
Welcome aboard
Sorry should have written more details. I was catching the train from one of the London stations and I had my oyster with me. When I rushed to get the train, I forgot to touch the oyster on the validator.
--- old post above --- --- new post below ---
Let me start from beginning. In about middle of Jun, I was about to start journey from station A in London to Station B. I should have touched in at station A but gone pass the validator in hurry. It was a short journey and by time I realised I have not touched in it was too late and I was about to reach station b. There I tried to touch my oyster for onward tube journey into central London and was stopped by RPI. He took my details and told that I will be receiving a letter in few weeks. Reading threads it can arrive anytime now.
Last edited:
scotsman
Established Member
- Joined
- 6 Jul 2010
- Messages
- 3,252
Sorry should have written more details. I was catching the train from one of the London stations and I had my oyster with me. When I rushed to get the train, I forgot to touch the oyster on the validator.
Were you issued with a penalty fare?
Did the RPI caution you and take down everything you said?
No I was not issued a penality notice. RPI did said that he will ask few questions under caution and I replied back as I mentioned in my post above. He noted them down in a notebook and I was asked to go.
Last edited:
First class
Established Member
- Joined
- 9 Aug 2008
- Messages
- 2,731
If that is the case I suspect there is more to your story.
A Penalty Fare would be appropriate in ordinary circumstances.
Something made the Inspector decide that you had deliberately elected to avoid paying the correct fare or did something that warrants prosecution, false details, failing to comply, no funds to pay a Penalty Fare etc.
If you want our help, you need to give us a lot more than what you are currently providing. This sort of thing comes up all the time and will almost certainly end up badly for you if you don't make some sort of out of court settlement, the amount of which depends on what you have done.
No necessarily. A Train Operating Company is under no obligation to issue a Penalty Fare, even if the RPI believes that it wasn't a deliberate attempt to defraud the company. Penalty Fares would usually be used in circumstances such as this one, I agree. However it depends on the company's stance on the scheme/prosecution, plus the RPI himself.
WillPS
Established Member
Is this a journey which you make regularly?
Have you been issued with Penalty Fares before?
I agree there is something to this story which doesn't add up.
Have you been issued with Penalty Fares before?
I agree there is something to this story which doesn't add up.
i have once got off a nr train (with a paper ticket) and ran for a tube which was due to leave on the next platform. I forgot to touch in with oyster and realised once the tube had left. i touched out, was charged the maximum cash fare and went to the ticket office to explain.
the ticket office man told me off, explained i could be fined next time and then refunded the difference.
forgetting to tocuh in doesn't always mean someone is trying it on
the ticket office man told me off, explained i could be fined next time and then refunded the difference.
forgetting to tocuh in doesn't always mean someone is trying it on
There is no information on which we can comment constructively.
We'd need the origin, destination, any interchanges, status of any ticket issuing facilities, and all sorts of other information to be of any assistance. You may not wish to post that information though.
All I can say is see previous topics on similar issues, and if NXEA do decide to prosecute, you are advised to seek legal advice.
bb21
Emeritus Moderator
- Joined
- 4 Feb 2010
- Messages
- 24,151
I believe that it is possible to forget if you came off another service on a separate ticket which is not on Oyster card. I would struggle to think of a situation where one can genuinely forget to touch in at the beginning of a journey especially if Oyster is the regular method of payment.
Like others have said, it is very difficult to say anything at all without knowing at least the origin station and the trip that was made. Once it goes to prosecution, it would mean that the TOC believes that they have some strong evidence. How far are you down the prosecution process? Normally it would take an expensive out-of-court settlement to get out of a situation like this.
We need more details unfortunately. If you are unwilling to disclose any details on a public forum, you need to make that clear as well then anyone who is willing to help can get in contact with you via PM and take it from there. You need to have made a minimum of 5 posts to be able to use PM.
Like others have said, it is very difficult to say anything at all without knowing at least the origin station and the trip that was made. Once it goes to prosecution, it would mean that the TOC believes that they have some strong evidence. How far are you down the prosecution process? Normally it would take an expensive out-of-court settlement to get out of a situation like this.
We need more details unfortunately. If you are unwilling to disclose any details on a public forum, you need to make that clear as well then anyone who is willing to help can get in contact with you via PM and take it from there. You need to have made a minimum of 5 posts to be able to use PM.
As you have noticed, I am bit reluctant to provide the details but do fully understand that it is not possible for forum members to help me without knowing the details. In Jun, I started my journey at Manor Park station where, as I mentioned, I did not touch in, I touched in at inter change at Stratford before boarding central line. So fare was not paid between Manor park and Stratford and rail officer questioned me about it and took my details. Today morning I got a letter in post asking my details again and explanation of the incident.
I think you will just have to tell them what you told us, but add that you are willing to pay the fare, you apologise for causing additional staff time and you are also prepared to pay suitable compensation for wasting staff time, and that you regret the incident and will ensure you always remember to touch in, as you have learnt from it.
If it's a first offence there is a strong possibility they will settle out of court (but then I'm sure you've already read that in the previous topics of this nature).
If it's a first offence there is a strong possibility they will settle out of court (but then I'm sure you've already read that in the previous topics of this nature).
TBH I nearly failed to touch in at Catford recently - I'd not used Oysters on NR stations before that day and also didn't see the damn card reader - it took me a while to locate it even when I realised my mistake. I've also forgotten to "composte" my ticket on French railways before boarding but the conductors have forgiven me for being an ignorant foreigner!
323235
Established Member
I accidently used a ticket which I believed to be valid on French Trains which turned out not be, as it was out of the zonal area and the RPI's gave me suitable advise but did not pursue the matter further.
DaveNewcastle
Established Member
Its good that you are happy to write your own letter to explain your specific situation rather than ask someone else who would effectively be putting their own words into your mouth. Good luck.
I would suggest making whatever points you want to make and have a decision made on the basis of those facts alone. You can make it clear that if you would be willing to make a settlement to compensate the Company for their inconvenience and administrative time. If they are inclined to accept your 'story' and not pursue a prosecution then they'll let you know what those costs are at that time.
No, if you did, you run the risk of the amount being taken into consideration along with the facts and any other matters you provide; (it could be declined if too low or taken as an admission of guilt if its too high though I'd hope that neither of those outcomes were considered by a Prosecutions Manager).
I would suggest making whatever points you want to make and have a decision made on the basis of those facts alone. You can make it clear that if you would be willing to make a settlement to compensate the Company for their inconvenience and administrative time. If they are inclined to accept your 'story' and not pursue a prosecution then they'll let you know what those costs are at that time.
- Status