RE: Unpaid train fair and court summons.

mayfrances

Hello, this problem is in relation to one of my friends and i'm wondering if anyone has any knowledge on what to do. My friend has gotten the train twice without paying for a ticket and rightfully so was fined those two times, she has payed the fines in the time period allocated, and thought nothing of it. Come to find she has now been summoned to the courts for said fines, I am at a loss as she has payed both fines, and hasn't done it again. Am I missing a legislation in which it states after 2 fines you can be summoned to court because as far as I am aware you are only summoned if the money is not payed back in the time allocated. Has anybody got any knowledge on this topic.

Spear

This has nothing to do with boards.ie. Moved to a forum that's actually related to the topic instead.

mayfrances

https://www.boards.ie/discussion/comment/120749913#Comment_120749913

Boards.ie was set up to converse with other Irish people, debate the state so on so forth. Look up Mr Lillingtons article on it if so needed, was just looking for some help, chill.

Jim2007

https://www.boards.ie/discussion/comment/120749948#Comment_120749948

At a guess I'd say you posted in feedback forum rather than in a discussion forum....

As for your friend, the authorities are not so stupid as to think that they only travelled for free twice...... I guess they'll have to wait and see the attitude of the judge.

mayfrances

https://www.boards.ie/discussion/comment/120750021#Comment_120750021

thank you, will switch to discussion although I do think thats what I did originally.

10-10-20

https://www.boards.ie/discussion/comment/120749913#Comment_120749913

@Spear, I have been meaning to say this for a while, but I really don't think that this comment is helping new posters when they mis-post. After-all it's often their first interaction with the site and it's a little misleading if they aren't au-fait with how it all works. Perhaps consider using a more user-friendly welcome and orientation message. 👍️

10-10-20

https://www.boards.ie/discussion/comment/120749948#Comment_120749948

And the aforementioned article from 2003 for those who are interested...

https://www.irishtimes.com/business/boards-ie-knows-how-to-get-people-talking-1.371873

And it's Ms Lillington too.

https://www.boards.ie/discussion/comment/120750021#Comment_120750021

Surely can’t be summoned to court because they think you fare dodged? Never heard of that before tbh.

Sounds to me like the OP or their friend did not pay the fines in time. In any case the summons will explain why you’re being summoned to court & if you have more questions contact the court clerk for whichever court it is.

you can find the info on courts.ie. If your friend did pay then just bring along some sort of proof to show the judge and you’ll be grand.

mayfrances

https://www.boards.ie/discussion/comment/120750159#Comment_120750159

u said it sister

Jim2007

https://www.boards.ie/discussion/comment/120750199#Comment_120750199

Well it is almost 50 years ago since I was a student…. But there were consequences if you got multiple times, there are people who regularly do this kind of thing and if they only get caught once or twice in the month it’s worth it.

L1011

If Irish Rail have decided based on usage patterns that more fares were evaded, they will occasionally attempt further action.

Peregrinus

If they think more fares were dodged they're going to have to prove that, beyond reasonable doubt, to secure a conviction. "She probably did this more times than we know about" is not going to cut it.

Besides, per the OP, this summons isn't on the basis of more fares being dodged; it's on the basis of the two fines already issued.

Likely explanation is that there has been a cock-up. Either the offender didn't pay the fines on time - she says she did, but she may be mistaken - or she did but an error by IE means this wasn't properly recorded and the system is treating her as not having paid.

As Howard Ugly Bifocal said, if she turns up in court with documentary proof that the fines were paid — She has receipts, right? Or entries on her bank statement/credit card statement? — then she'll be fine.

endacl

https://www.boards.ie/discussion/comment/120749948#Comment_120749948

Ah, that article was from years ago.

When boards was good.

Victor

Check that the dates and times match.

If having a conviction will be a problem, having a solicitor might be useful.

Hodges

https://www.boards.ie/discussion/comment/120752295#Comment_120752295

Rare it may be but they have been known to look at potential ongoing evasion.

Peregrinus

https://www.boards.ie/discussion/comment/120778899#Comment_120778899

IE can look at it all they like. But a court won't look at it unless (a) it's expressly included in the charge laid, and (b) there is actual evidence. Any prosecutor who tried to introduce evidence of crimes not charged would be shat on from a great height.

Claw Hammer

What was paid is not a fine. What they paid was the full fare. law abiding people pay a reduced fare but if someone is found not to have paid any fare at all they have to pay full fare. So if the fare is €100 it might be €10 if paid before embarkation.

It is an offence not to buy a ticket before embarkation. If a person found not to have bought a ticket priro to embarkation, they commit an offence and also owe the full fare in contract.

What has happened here is that the person paid the fare due under the contract but the prosecution is continuing anyway.

Fare dodging is theft, which at one time led to the death penalty.

TooTired123

https://www.boards.ie/discussion/comment/120795988#Comment_120795988

Thanks for the clarification. I always find yourself and Peregrinus very informative.