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Proved I'm a student... but still being fined?!

  • 11-06-2018 7:06pm
    #1
    Registered Users, Registered Users 2 Posts: 18


    On May 27th I took a train to Galway on a return student ticket, purchased online for about €26. I would normally drive but my Mum is a nervous passenger so we took the train- "relaxing"..

    The ticket inspector came around and I suddenly realised I didn't have my card, I'd left it in my pencil case as we'd have exams the week prior (d'oh).

    I explained to the ticket inspector who calmly wrote out a fine docket and told me to email a copy of my student card to the email address. I did so as soon as I was back in Dublin, along with a letter from my college proving I'm enrolled.

    THEN TODAY- I get an email saying I am still being charged a €50 fine, almost double what my ticket originally cost. I GET IT - I didn't have my student card, fine, BUT- I then proved I was a student and therefore was entitled to a student fare. Surely those fees are there to catch out chancers and piss takers?? I'm the sort of person that would never risk something like that, even last week when all the punters were piling onto a luas after forbidden fruit, I insisted on buying a ticket....even though I'm pretty sure no one else did.

    I'd normally just pay it and move on, but surely the discounted rates are there to protect the financially vunerable? I'm a mature student and also currently on Jobseekers (you can sign on for summer) until my work starts in July.

    Is there anything to be done? I'm genuinely broke but it's also the principle of the whole thing.... :/


Comments

  • Registered Users, Registered Users 2 Posts: 4,292 ✭✭✭goingnowhere


    At the time of inspection you didn't have the required ID, your ticket was not valid

    Game over


  • Registered Users, Registered Users 2 Posts: 4,944 ✭✭✭thomasj


    It's in the terms and conditions you MUST be in possession of the correct id WHEN travelling and if you dont you're fined.


  • Registered Users, Registered Users 2 Posts: 26,295 ✭✭✭✭Mrs OBumble


    freeth wrote: »
    ...surely the discounted rates are there to protect the financially vunerable? I'm a mature student and also currently on Jobseekers (you can sign on for summer) until my work starts in July.

    Are you having a laugh? The real financially vulnerable are students who cannot sign on. You can. You aren't.

    And who keeps their student ID in their pencil case? You Get a grown up wallet, and use it to carry the stuff you should be carrying.


  • Registered Users, Registered Users 2 Posts: 4,292 ✭✭✭goingnowhere


    Both must be presented, either on its own is insufficient, and means both conditions are met

    The penalty is difference with the equivalent adult single fare + 100 euro fine for evasion


  • Closed Accounts Posts: 872 ✭✭✭martyoo


    He didn't have a valid ticket! Suck it up OP.


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  • Registered Users, Registered Users 2 Posts: 13,258 ✭✭✭✭Losty Dublin


    sugarman wrote: »
    It must clearly be wrote in the t&c's, along with the €50 fine that it makes no mention of otherwise its not binding.

    As I said, let it go to court. It'll be thrown.

    When you book a student ticket online, a huge big warning popup comes on the screen and says....

    "The following information is relevant to the ticket(s) you have selected.

    You have chosen a Student Ticket. Students can purchase InterCity tickets with either a valid college ID, a valid Student Travelcard or a valid Translink Student Discount card in the passengers name. Failure to produce a valid ticket, appropriate ID or surcharge where necessary will result in a fine of €100 together with the relevant unpaid fare."

    To book the ticket he needed to click on a green "Book Ticket" button on the warning popup. No way that OP can't have been aware that he needed his ID when on board.


  • Registered Users, Registered Users 2 Posts: 993 ✭✭✭Time


    sugarman wrote: »
    It must clearly be wrote in the t&c's, along with the €50 fine that it makes no mention of otherwise its not binding.

    As I said, let it go to court. It'll be thrown.

    Same here, especially since the Ticket Inspector (it seems) led the OP to believe that the fine would be overturned. They'd have to go to court and stand up and explain that one.


  • Posts: 0 [Deleted User]


    sugarman wrote:
    Where does it say that?

    In the exact same place you quoted and made bold?!?!

    Ticket AND valid id


  • Moderators, Motoring & Transport Moderators, Technology & Internet Moderators Posts: 23,279 Mod ✭✭✭✭bk


    sugarman wrote: »
    Where does it say that?

    It only mentions failure to produce a valid ticket and student ID under the t&c. Not just the ID on its own and no reference to the €50.

    Id let it go to court, any judge will throw it.

    I'm confused, your clearly bolded the word and there.

    The word and used in legal documents (and computer science) means you need to have both the ticket and the id at time of inspection!

    Otherwise it would use the word or.

    If the OP goes to court like you advise, then the OP will most likely end up with a €1,000 fine + legal costs + possibility of a criminal conviction.

    It really would be an open and shut case for a judge. The idea is that if you buy a student ticket (or any non regular ticket) you most have the valid ID to prove your entitlement to that ticket at time of inspection. It really is that simple and frankly it makes logical sense.


  • Registered Users, Registered Users 2 Posts: 244 ✭✭hasdanta


    Are you having a laugh? The real financially vulnerable are students who cannot sign on. You can. You aren't.

    And who keeps their student ID in their pencil case? You Get a grown up wallet, and use it to carry the stuff you should be carrying.

    No need to be so condescending. As OP stated they had college exams and during exams you must have some form of ID on you (i.e. their student card) and you're not allowed to bring a wallet into the exam centre, hence why it must've been in his/her purse/wallet.


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  • Registered Users, Registered Users 2 Posts: 910 ✭✭✭XPS_Zero


    First I STRONGLY advise you to check the DSP rules about students, because there is a clause in the Social Welfare Acts specifically excluding students from signing on, that may or may not have been changed but I'm pretty sure it has not, make sure you read the fine print very carefully and if you've made an 'oops ' quietly sign off without saying a word. The student emergency finance system is meant to be grants, only in special circumstances do I recall an option of summer sign on.


    Second, there are several issues here:


    1. It is irresponsible to not take your student ID with you in a wallet, that is what everyone does, that way you have it everywhere you go, so learn from this lesson, you will always need it if on public transport, if out on the pi1ss and the guards want to see ID etc


    2. According to IE rules you are in the wrong, according to the law you are in the right, it's up to you if you wanna take a chance and roll the dice. The conditions of travel on public transport are rules UNDER the law rather than the law itself (same way the law is under the constitution and cannot be incompatible with it, ie can't pass a law banning protest), they are rules passed by ministerial order, by the executive branch, they must be comparable with the law and any parts that are not are void (but the onus is on YOU to show that parts incompatible, this is where we get into the how big a deal do you wanna make out of this). Legally there are two aspects of a crime mindset and action. You must have both for a crime to be present. Not only must you not have had a student card you must be trying to defraud IE by not being a student.



    You are a student, and can prove that, so therefore there is no crime, regardless of what the rules say. You had no intent to defraud them, you were dumb, careless and reckless not malicious. So you can tell them that and they might believe you'll push it to court, or think they're calling your bluff and ACTUALLY take it to court then a judge could decide yes you are correct, or disagree (for whatever reason) and say no i triple your fine.


    So in a very technical sense you can prove you are right but you may be worth your while just saying this ^ then saying 'but look I should have had it with me if you will keep the fine at the original 50 i'll pay it without further challenge', then if they decide to push the full whack id say 'well ive nothing to loose then' and take it to court. That's what I'd do, up to you. The judge might look down on you for being careless not having the card with you, or the technical argument may work (would with most judges). If your college has no expiry date on the card DO NOT challenge it your case is hopeless.


  • Registered Users, Registered Users 2 Posts: 1,246 ✭✭✭alroley


    XPS_Zero wrote: »
    First I STRONGLY advise you to check the DSP rules about students, because there is a clause in the Social Welfare Acts specifically excluding students from signing on, that may or may not have been changed but I'm pretty sure it has not, make sure you read the fine print very carefully and if you've made an 'oops ' quietly sign off without saying a word. The student emergency finance system is meant to be grants, only in special circumstances do I recall an option of summer sign on.


    Most students are not allowed to sign on during summer, but mature students are definitely allowed. This was something I found out after I finished college as a mature student :rolleyes:


  • Moderators, Motoring & Transport Moderators, Technology & Internet Moderators Posts: 23,279 Mod ✭✭✭✭bk


    I'd say if the OP seriously was considering going to court, then first of all seek professional legal advice.

    Any time you think you might want to go to court, you should always seek professional legal advice first.

    You might win a court case, but the gamble your taking is that you will lose and be fined up to €1,000 + legal costs + most worryingly a criminal conviction (which might hamper future work prospects, visa's to the US, etc.).

    I'd say it would not be a gamble worth taking over €50. And of course if you seek legal advice (as you should), then it would cost a lot more then €50.

    Best to just pay up and take it as a lesson learned.


  • Registered Users, Registered Users 2 Posts: 18 freeth


    thanks everyone for the helpful (And some not so helpful!) advice.

    Slept on it and decided I will send them an email/letter and try to appeal. The first time, when I sent in my details, I didn’t even know I was appealing because the inspector made it seem like if I sent in a copy of my card, it would all be grand. Presumably this is a tactic of his to avoid getting into arguments on the train, I don’t blame him, but it was fairly misleading.

    I know *technically* I was in the wrong but god damnit if we all went around paying fines without questioning them what kind of society would this be?! 😛

    Also:-

    1. Of course I have a wallet, as someone else mentioned, you can only bring restricted items into an exam hall, hence why I had to take it out.

    2. You can sign on as a mature student for summer break. I’m not entitled to grant/other financial aid (I pay for college off my work savings).


  • Registered Users, Registered Users 2 Posts: 4,812 ✭✭✭Addle


    sugarman wrote: »
    Where does it say that?



    It only mentions failure to produce a valid ticket and student ID under the t&c. Not just the ID on its own and no reference to the €50.

    Id let it go to court, any judge will throw it.
    It also stated that proof of status is required when you bought ticket online.
    No excuses OP.


  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    XPS_Zero wrote: »
    2. According to IE rules you are in the wrong, according to the law you are in the right, it's up to you if you wanna take a chance and roll the dice. The conditions of travel on public transport are rules UNDER the law rather than the law itself (same way the law is under the constitution and cannot be incompatible with it, ie can't pass a law banning protest), they are rules passed by ministerial order, by the executive branch, they must be comparable with the law and any parts that are not are void (but the onus is on YOU to show that parts incompatible, this is where we get into the how big a deal do you wanna make out of this). Legally there are two aspects of a crime mindset and action. You must have both for a crime to be present. Not only must you not have had a student card you must be trying to defraud IE by not being a student.



    You are a student, and can prove that, so therefore there is no crime, regardless of what the rules say. You had no intent to defraud them, you were dumb, careless and reckless not malicious. So you can tell them that and they might believe you'll push it to court, or think they're calling your bluff and ACTUALLY take it to court then a judge could decide yes you are correct, or disagree (for whatever reason) and say no i triple your fine.


    So in a very technical sense you can prove you are right but you may be worth your while just saying this ^ then saying 'but look I should have had it with me if you will keep the fine at the original 50 i'll pay it without further challenge', then if they decide to push the full whack id say 'well ive nothing to loose then' and take it to court. That's what I'd do, up to you. The judge might look down on you for being careless not having the card with you, or the technical argument may work (would with most judges). If your college has no expiry date on the card DO NOT challenge it your case is hopeless.

    There are a number of things incorrect about your post XPS in relation to the "rules" and the requirement for mens rea (a guilty mind).

    Terms and conditions can play a vital part in many offences, a common area where this occurs is motor insurance offences where a violation of the terms of your policy can and does see people prosecuted for driving with no insurance even with what is otherwise a valid policy.

    There are two different parts of the Railway Safety Act 2005 (as amended) dealing with the issue, one quite rightly as you point out requires intent and so mens rea, the other does not, it is a strict liability offence - the guilty mind does not apply. People are prosecuted for this all the time.

    The real question I have is how a €50 "fine" has been issued when statute prescribes a €100 penalty, or "such other fare", but that is not a fare.


  • Moderators, Motoring & Transport Moderators, Technology & Internet Moderators Posts: 23,279 Mod ✭✭✭✭bk


    GM228 wrote: »
    The real question I have is how a €50 "fine" has been issued when statute prescribes a €100 penalty, or "such other fare", but that is not a fare.

    Yes, I was wondering that. Perhaps it is an administrative cost for all the trouble that the OP caused.

    As in, it cost money for the ticket inspector to write out the ticket, go back to his office, enter the ticket details in a system, send out letters, respond to OP's emails, etc.

    All of that doesn't come for free. An administrative cost to cover those costs does seem fair enough.

    Perhaps they agreed to wave the €100, but still need to cover admin costs.


  • Registered Users, Registered Users 2 Posts: 6,052 ✭✭✭trellheim


    My advice is to take the lump and pay it.


  • Registered Users, Registered Users 2 Posts: 669 ✭✭✭idnkph


    I would say in your appeal that you were misled by the inspector and what he advised and led you to believe different and feel conned into the fine. Just to see what they come back with.


  • Moderators, Motoring & Transport Moderators, Technology & Internet Moderators Posts: 23,279 Mod ✭✭✭✭bk


    idnkph wrote: »
    I would say in your appeal that you were misled by the inspector and what he advised and led you to believe different and feel conned into the fine. Just to see what they come back with.

    How could the OP be "conned" into the fine, when the fine was completely justified? The Bye-laws are very clear, you must have a ticket AND ID at time of inspection. The OP didn't have a fine, so the inspector rightfully issued a FPN.

    The Inspector seems to have told the OP to email the fines office with their proof of student ID and they will look into it. It seems they did and only charged the OP €50 extra rather then €100 + ticket difference (I assume the €50) which they were entailed to charge.

    That seems fair enough to me. After all the OP's mistake has cost the company a lot of admin effort. Should that not come with a cost?

    As for accusing the inspector of "conning" you, can you imagine how well that will go down with the fines office, you accusing a colleague of theirs of being a conman. Hmm.. Sure to go well!


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  • Registered Users, Registered Users 2 Posts: 901 ✭✭✭paulieeye


    it could just be lack of communication in IE. Send them an email and they'll probably cancel it.

    I got grabbed on the Luas before and had left my monthly ticket at home. They fined me but one email did the job with a picture of the monthly ticket...it could of been anyones ticket!!


  • Registered Users, Registered Users 2 Posts: 669 ✭✭✭idnkph


    bk wrote:
    As for accusing the inspector of "conning" you, can you imagine how well that will go down with the fines office, you accusing a colleague of theirs of being a conman. Hmm.. Sure to go well!

    How much more out of context could you take my post? There is a difference between saying the colleague is a conman and saying you feel a bit conned by what you were led to believe.

    paulieeye wrote:
    I got grabbed on the Luas before and had left my monthly ticket at home. They fined me but one email did the job with a picture of the monthly ticket...it could of been anyones ticket!!

    Its like getting a parking fine for non display of a ticket and then getting a valid ticket from anyone I the vicinity and going in to the fines office and they cancel it there and then. I have done this on a couple of occassions.


  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 50,891 CMod ✭✭✭✭magicbastarder


    it's wonderful that we have a system which deals with the following three scenarios in essentially the same way:
    1) i bunk onto public transport in the hope that a ticket inspector won't show and i'll get to travel for free
    2) i make a genuine mistake and travel on public transport without having paid for my ticket, but without the intention to do so
    3) i make a genuine mistake and travel on public transport, being entitled to the ticket i have, but have forgotten supporting documentation.

    granted, the differences between 1 and 2 are never going to be easy to distinguish; but why can't there be a system where a proven genuine mistake (as in a card which pre-existed the 'offence') is dealt with with what - for the sake of convenience - i'll call a 'ticket inspection fee'. say €10 or €15.

    TL;DR - the system treats 'not paying for your ticket' and 'paying for your ticket but not having the paperwork' the same. this is nuts.


  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 50,891 CMod ✭✭✭✭magicbastarder


    to draw a corollary - driving without a licence (as in, not actually being a qualified driver) is - as is common sense - treated more seriously than being asked to present your licence at a checkpoint but not having it in your possession. no-one seems to think this is wrong.


  • Registered Users, Registered Users 2 Posts: 4,782 ✭✭✭Xterminator



    TL;DR - the system treats 'not paying for your ticket' and 'paying for your ticket but not having the paperwork' the same. this is nuts.

    The ticket inspectors cannot determine intent. I know you might like each ticket inspector to have the wisdom of judge judy, but is simple terms they check if have a valid ticket ( and the ticket is not valid unless you have the supporting documentation). They standard penalty is applied if you do not. There is no egregious penalty.

    Its quite simple really and it comes down to personal responsibility. The traveller must have a valid ticket, and its incumbent on the traveller to be sure they have whatever documentation is needed.


  • Registered Users, Registered Users 2 Posts: 901 ✭✭✭paulieeye


    idnkph wrote: »
    Its like getting a parking fine for non display of a ticket and then getting a valid ticket from anyone I the vicinity and going in to the fines office and they cancel it there and then. I have done this on a couple of occassions.

    ya, I think like most things you can get away with it if you're civil and believable. People who work in these places largely dont give a shiit and have been in similiar situations themselves.


  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 50,891 CMod ✭✭✭✭magicbastarder


    The ticket inspectors cannot determine intent.
    you're possibly getting the difference between 1 and 2, and 2 and 3 mixed up in my examples above. intent is irrelevant if you've paid for the ticket, and can prove it, but do do not have the proof on your person at the point of inspection.

    what i'm trying to say is that if you've paid for your ticket, but cannot prove it *on the spot* - this should be treated differently to someone who simply cannot prove they've paid. it's not rocket science.


  • Moderators, Motoring & Transport Moderators Posts: 11,744 Mod ✭✭✭✭devnull


    you're possibly getting the difference between 1 and 2, and 2 and 3 mixed up in my examples above. intent is irrelevant if you've paid for the ticket, and can prove it, but do do not have the proof on your person at the point of inspection.

    Yeah but you've forgot about the type of evasion where someone lends someone else a ticket for the day and the other person then tries to use the excuse they have a ticket in their name so they shouldn't be fined.

    I've seen this happen in other countries and as such they've been able to abuse a system where already having a ticket is protection from a fine, so it doesn't always work the way you say.


  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 50,891 CMod ✭✭✭✭magicbastarder


    but if it's case of needing (missing) supporting documentation, can that not be handled at appeal stage?


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  • Moderators, Motoring & Transport Moderators Posts: 11,744 Mod ✭✭✭✭devnull


    but if it's case of needing (missing) supporting documentation, can that not be handled at appeal stage?

    Fare evasion can be basic and it can be sophisticated.

    I know in Poland sophisticated schemes like the following are rifle:
    - Tara has a pass in her name. She never carries it and gives it to her friend Mary.
    - When Mary is asked for a pass she shows Taras pass and is not challenged
    - When Tara is caught without a ticket she asks Mary for the pass back temporarily.
    - Tara submits pass and gets off fine and hands it back to Mary to use and cycle repeats.

    Now I know that photos mean that this is unlikely to happen, but I've known people who look similar who are all sharing a pass in this way and honestly a lot of the inspectors don't exactly check the photos in any detail anyway.

    Do inspectors here really check the photo ID in detail or even really look at it on students or just take a quick look that ahh, it's student leap, we'll let them through without comparing the photos?

    The point is how do you determine between someone who has genuinely forgotten a ticket, and those who have lent the ticket to someone else who is actively using it at the time? And if so, which one is technically evading, if not both?


  • Registered Users, Registered Users 2 Posts: 1,661 ✭✭✭fxotoole


    idnkph wrote: »
    I would say in your appeal that you were misled by the inspector and what he advised and led you to believe different and feel conned into the fine. Just to see what they come back with.

    Also in th appeal, explicitly state that you had no intention to defraud Irish Rail


  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 50,891 CMod ✭✭✭✭magicbastarder


    devnull wrote: »
    - Tara submits pass and gets off fine and hands it back to Mary to use and cycle repeats.

    Now I know that photos mean that this is unlikely to happen, but I've known people who look similar who are all sharing a pass in this way and honestly a lot of the inspectors don't exactly check the photos in any detail anyway.
    as i mentioned, a paperwork fee rather than the full standard fare would go some way closing this gap. it could be escalating too for the genuine holder, with a threat of revocation of the card they were caught too many times without it, and instant standard fare or revocation if caught being used by someone not entitled to use it.


  • Posts: 0 [Deleted User]


    And who keeps their student ID in their pencil case? You Get a grown up wallet, and use it to carry the stuff you should be carrying.

    I did as a (very) mature student! I didn’t need it for anything else so thought it the logical place to keep it. OP did say that they normally drove.


  • Moderators, Motoring & Transport Moderators Posts: 11,744 Mod ✭✭✭✭devnull


    as i mentioned, a paperwork fee rather than the full standard fare would go some way closing this gap. it could be escalating too for the genuine holder, with a threat of revocation of the card they were caught too many times without it, and instant standard fare or revocation if caught being used by someone not entitled to use it.

    Any reduction of the deterrent of a standard fare to have lower bands will increase the number of people who try to evade. The less it is, the more worth the while it would be for evaders to evade since even if they get caught a few times, they'd still probably be quids in at the end of the year.

    In my opinion if someone is found sharing a pass the pass should instantly be disabled, on the basis that the pass holder transferred the ticket which is against the by laws and the receiver travelled without a valid ticket so should be fined.


  • Registered Users, Registered Users 2 Posts: 3,080 ✭✭✭Vic_08


    it's wonderful that we have a system which deals with the following three scenarios in essentially the same way:
    1) i bunk onto public transport in the hope that a ticket inspector won't show and i'll get to travel for free
    2) i make a genuine mistake and travel on public transport without having paid for my ticket, but without the intention to do so
    3) i make a genuine mistake and travel on public transport, being entitled to the ticket i have, but have forgotten supporting documentation.

    granted, the differences between 1 and 2 are never going to be easy to distinguish; but why can't there be a system where a proven genuine mistake (as in a card which pre-existed the 'offence') is dealt with with what - for the sake of convenience - i'll call a 'ticket inspection fee'. say €10 or €15.

    TL;DR - the system treats 'not paying for your ticket' and 'paying for your ticket but not having the paperwork' the same. this is nuts.

    If it weren't for the sheer number of people in category 1 who when challenged pretend to be 2 then there would be less of a need to be inflexible on everyone without correct tickets/documentation.

    While I do agree that it seems harsh to fine someone who has left their ID behind similarly to a full evader the reality is that the rules are it is not good enough to own the correct documents, they MUST be presented when travelling.

    This is not an arbitrary rule, it is the only way to police ticketing effectively. If it was known that nobody would be stopped from using discounted tickets bar the numbers doing so without correct ID would skyrocket.

    As it is "students" in particular travelling without correct ID are a big issue. I drove express bus routes for years and on Friday/Sunday in particular the numbers asking for student tickets or presenting pre-bought tickets who didn't have ID was easily 1 out of 4. It was a massive pain in the arse dealing with these people, not only was it aggro I didn't need it caused delays too.
    as i mentioned, a paperwork fee rather than the full standard fare would go some way closing this gap. it could be escalating too for the genuine holder, with a threat of revocation of the card they were caught too many times without it, and instant standard fare or revocation if caught being used by someone not entitled to use it.

    It's all well and good allowing this leeway but public transport is MASS transport, providing this resource to thousands of individuals after the fact is gong to be labour and resource intensive and that is before you count all the intentional fare dodgers who will use this to get a lower fare than they are entitled to.

    It is simply impractical to allow the sort of system you want where a team of staff are on hand to process all "honest mistake mate" passengers after the fact, particularly in Ireland where state ID cards are not compulsory and getting genuine name/address details from people is difficult and time consuming.

    The first line of defence of scumbags is lying about who they are and in all the time I spent challenging people attempting to fare dodge (mainly Free Travel based but also student, child and other discount tickets) the standard response to a request to provide ANY identifying items was "I have none".

    I have sympathy for the genuine cases and I have given people benefit of the doubt myself on occasion but the fact is there is a responsibility on people to provide the correct travel documentation when they travel.

    In this case it appears the €100 fine has been discounted to €50 anyway. You say that an administration fee is acceptable, considering all the costs of staff (including the initial revenue checker), administration and overheads €50 is probably a reasonable cost for the personal service given over to deal with this.


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  • Closed Accounts Posts: 2,471 ✭✭✭EdgeCase


    The solution is quite simple, get a private bus in future. Irish Rail are inflexible and uncaring and don't tolerate human errors made by customers.

    The OP sent in an appeal which was rejected, despite all the supporting evidence being there.


  • Closed Accounts Posts: 2,891 ✭✭✭prinzeugen


    it's wonderful that we have a system which deals with the following three scenarios in essentially the same way:
    1) i bunk onto public transport in the hope that a ticket inspector won't show and i'll get to travel for free
    2) i make a genuine mistake and travel on public transport without having paid for my ticket, but without the intention to do so
    3) i make a genuine mistake and travel on public transport, being entitled to the ticket i have, but have forgotten supporting documentation.

    granted, the differences between 1 and 2 are never going to be easy to distinguish; but why can't there be a system where a proven genuine mistake (as in a card which pre-existed the 'offence') is dealt with with what - for the sake of convenience - i'll call a 'ticket inspection fee'. say €10 or €15.

    TL;DR - the system treats 'not paying for your ticket' and 'paying for your ticket but not having the paperwork' the same. this is nuts.


    I once had a British Rail staff free travel card. I lost it on more than one occasion so made myself known to the booking clerk and they sorted temporary tickets to get me home. If I had tried to travel without it, I would have been thrown off the train at the next station.

    If the OP knew they had forgotten the student card, they could have explained it BEFORE they boarded the train.

    At the end of the day, the OP did not have a valid ticket as it was not supported by a Student ID.

    Another example of someone expecting someone else to take responsibility for "Human Errors"!

    Put the phone/tablet down and pay attention to what you are doing and you will not get fined! Simple!


  • Closed Accounts Posts: 619 ✭✭✭NinetyTwoTeam


    bk wrote: »
    I'd say if the OP seriously was considering going to court, then first of all seek professional legal advice.

    Any time you think you might want to go to court, you should always seek professional legal advice first.

    You might win a court case, but the gamble your taking is that you will lose and be fined up to €1,000 + legal costs + most worryingly a criminal conviction (which might hamper future work prospects, visa's to the US, etc.).

    I'd say it would not be a gamble worth taking over €50. And of course if you seek legal advice (as you should), then it would cost a lot more then €50.

    Best to just pay up and take it as a lesson learned.

    omg what a hysterical overreaction. I'm willing to guess you've never taken any 'gamble' or actually been to court. you are seriously telling OP she'll be banned from the US? it's not anywhere near something that would affect oversease travel!

    OP listen to sugarman. you don't need a solicitor for this, just let it go to court. the judge will dismiss it as fast as he can to get through to something else, like an actual case. a student who paid the proper fare but couldn't find their ID, you'll look like an absolute angel compared to what they usually deal with. especially since you emailed the ID.

    this site has a portion of posters who believe we should have the death penalty for leaving toast crumbs in the butter and they love to jump down the throats of people who aren't completely precise, orderly and error free in all their affairs. we can only assume they are perfect. but i doubt that, unless perfection makes you into a total misery guts.


  • Moderators, Sports Moderators Posts: 20,366 Mod ✭✭✭✭RacoonQueen


    EdgeCase wrote: »
    The solution is quite simple, get a private bus in future. Irish Rail are inflexible and uncaring and don't tolerate human errors made by customers.

    The OP sent in an appeal which was rejected, despite all the supporting evidence being there.

    Yeah, sounds like Irish Rail are being very inflexible. Fines can always be appealed as sometimes people just make mistakes. No on is perfect.

    I've a colleague who was caught on Luas for no ticket...has a tax saver and reason he didn't have it with him that day was because he'd been out the night before and moved the ticket from his normal go to work jacket to his going out jacket. Ticket inspector told him to just send in an appeal. Was no problem they cancelled the fine.

    Pretty bad form by Irish Rail IMO.


  • Registered Users, Registered Users 2 Posts: 6,047 ✭✭✭Hilly Bill


    omg what a hysterical overreaction. I'm willing to guess you've never taken any 'gamble' or actually been to court. you are seriously telling OP she'll be banned from the US? it's not anywhere near something that would affect oversease travel!

    OP listen to sugarman. you don't need a solicitor for this, just let it go to court. the judge will dismiss it as fast as he can to get through to something else, like an actual case. a student who paid the proper fare but couldn't find their ID, you'll look like an absolute angel compared to what they usually deal with. especially since you emailed the ID.

    this site has a portion of posters who believe we should have the death penalty for leaving toast crumbs in the butter and they love to jump down the throats of people who aren't completely precise, orderly and error free in all their affairs. we can only assume they are perfect. but i doubt that, unless perfection makes you into a total misery guts.
    It seems its full of legal experts as well.


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  • Registered Users, Registered Users 2 Posts: 5,795 ✭✭✭Isambard


    Yeah, sounds like Irish Rail are being very inflexible. Fines can always be appealed as sometimes people just make mistakes. No on is perfect.

    I've a colleague who was caught on Luas for no ticket...has a tax saver and reason he didn't have it with him that day was because he'd been out the night before and moved the ticket from his normal go to work jacket to his going out jacket. Ticket inspector told him to just send in an appeal. Was no problem they cancelled the fine.

    Pretty bad form by Irish Rail IMO.
    That's a different situation, where only the ticket is required and he/she forgot it.The ticket was always valid, just forgotten.

    Having a student rate ticket is conditional on having and carrying the id. No id=ticket not valid.


  • Registered Users, Registered Users 2 Posts: 10,299 ✭✭✭✭BloodBath


    Simple solution. Don't pay the fine and don't use Irish rail again. Do you really think they will hound you down and take you to court over a €50 fine. Not a bloody chance.


  • Registered Users, Registered Users 2 Posts: 6,047 ✭✭✭Hilly Bill


    BloodBath wrote: »
    Simple solution. Don't pay the fine and don't use Irish rail again. Do you really think they will hound you down and take you to court over a €50 fine. Not a bloody chance.

    Yes they will.


  • Registered Users, Registered Users 2 Posts: 1,661 ✭✭✭fxotoole


    Yeah, sounds like Irish Rail are being very inflexible. Fines can always be appealed as sometimes people just make mistakes. No on is perfect.

    I've a colleague who was caught on Luas for no ticket...has a tax saver and reason he didn't have it with him that day was because he'd been out the night before and moved the ticket from his normal go to work jacket to his going out jacket. Ticket inspector told him to just send in an appeal. Was no problem they cancelled the fine.

    Pretty bad form by Irish Rail IMO.

    In Irish Rail's defence, something similar once happened my wife. She had a Tax saver annual ticket, which she didn't realise she forgot to bring with her on her way into work one morning. Ticket inspector asked her to see her ticket and it was at that point she realised she had left it at home. She was fined but she appealed, and in her appeal provided a scanned copy of her annual ticket. Irish Rail cancelled the fine.


  • Registered Users, Registered Users 2 Posts: 3,472 ✭✭✭Grolschevik


    fxotoole wrote: »
    In Irish Rail's defence, something similar once happened my wife. She had a Tax saver annual ticket, which she didn't realise she forgot to bring with her on her way into work one morning. Ticket inspector asked her to see her ticket and it was at that point she realised she had left it at home. She was fined but she appealed, and in her appeal provided a scanned copy of her annual ticket. Irish Rail cancelled the fine.

    Mine too, a couple of times.


  • Registered Users, Registered Users 2 Posts: 5,795 ✭✭✭Isambard


    yes but again they had valid tickets, a student ticket without the id is not a valid ticket.


  • Moderators, Motoring & Transport Moderators, Technology & Internet Moderators Posts: 23,279 Mod ✭✭✭✭bk


    omg what a hysterical overreaction. I'm willing to guess you've never taken any 'gamble' or actually been to court. you are seriously telling OP she'll be banned from the US? it's not anywhere near something that would affect oversease travel!

    And this just goes to show that you should be very careful taking advice (yes including mine) from people off the internet.

    Yes, it is right there in the legislation in black and white that a judge can charge you with a criminal offence if you don't pay. If you do end up with a criminal offence for anything, it is a mark against you when applying for visas.

    I agree that a judge is unlikely to do so in this case, but the problem is you never really know and it is a gamble. Yours could be the 30'th case the judge has heard that day, is fed up and wondering why this idiot is standing in front of them over a €50 fine and decides to throw the book at them.

    A general good rule of thumb for life is try and keep the hell out of court. It is almost always best avoided.


  • Registered Users, Registered Users 2 Posts: 5,795 ✭✭✭Isambard


    now that's good advice. Judges can do anything really, and it would cost you a lot of money to get it overturned on appeal, if you even can.


  • Moderators, Sports Moderators Posts: 20,366 Mod ✭✭✭✭RacoonQueen


    Isambard wrote: »
    yes but again they had valid tickets, a student ticket without the id is not a valid ticket.

    But they didn't have valid tickets with them.

    If the OP had not produced the student ticket and had then appealed with the ticket and student card, would that get them off? :confused:


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