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Train Fine

  • 07-07-2010 9:46am
    #1
    del 1
    Registered Users, Registered Users 2 Posts: 30 ✭


    I received a fine on a train the other day because of a wrong travel pass being used in error. More than happy to pay the fair but not happy with the way I was given the fine.

    The ticket inspector ( a guy full of personality & the joy's of spring!! ) asked me to sign something which was a"Fixed Penalty Notice" without explaining what he asked me to sign or under what law or what section he was giving me the fine. Has he not adhered to the law by explaining this up front??

    He did mumble something about section 22 after I signed this notice but not before.


Comments

  • #2
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    As far as I recall the standard fare is €150 and you are obliged to pay this if you don't present a valid ticket plus whatever pass (if necessary) for your journey. That's what your fixed penalty notice will say and it will give you a time limit within which to do it, or you will be taken to court. If you have a problem with paying the fine, don't pay it and take your chances in court. All of that will be set out on the 'fixed penalty notice' which you have in your possession.

    If you're considering going to court...

    You didn't have a valid ticket and are liable for the standard fare, QED. I suppose he could have exerised his discretion if he chose but he wasn't obliged to. If you go to court you'll most likely receive a higher fine.

    There is however some chance that if you can show that you actually did have a valid travel pass for the journey but brought the wrong one with you, a judge might give you a break. You'd want to be able to produce the valid travel pass - do you have a valid travel pass for the day, time and journey ?


  • #3
    Spike440
    Registered Users, Registered Users 2 Posts: 527 ✭✭✭Spike440


    Reloc8 wrote: »
    You didn't have a valid ticket and are liable for the standard fare, QED.

    ^^ This.

    There is an internal CIE appeal procedure whereby you can email them and explain the situation. There is a discretion to revoke the penalty but otherwise you should just pay the fixed penalty notice and avoid going to Court.


  • #4
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    del 1 wrote: »
    I received a fine on a train the other day because of a wrong travel pass being used in error. More than happy to pay the fair but not happy with the way I was given the fine.

    The ticket inspector ( a guy full of personality & the joy's of spring!! ) asked me to sign something which was a"Fixed Penalty Notice" without explaining what he asked me to sign or under what law or what section he was giving me the fine. Has he not adhered to the law by explaining this up front??

    He did mumble something about section 22 after I signed this notice but not before.

    He's not required to quote the section you're being fined under.

    You can pay the fixed penalty or wait to be prosecuted in court.

    An officer only needs to explain when you are being required to do something e.g. leave an area under the 1994 public order act or provide a breath sample under the 1994 road traffic act that it is required by law and failure to comply is an offence. An officer does not need to be a walking encyclopedia of statutory offences.


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