Train fine

[toughguymick]

Hi I boarded a train from Seaforth to Bootle. I didn't have the time to buy a ticket as the train was ready to depart. I know I should of waited for the next train and purchased a ticket. I was in the wrong and I got a £20 fine. A few days later I received a s21 eviction notice(no fault of my own) and as a recovering alcoholic I hit the bottle. So I didn't pay the £20 and received a summons. Now fast forward 3 months I received a summons. The witness statement from the Merseyrail inspector is complete lies. It says I'm 5 foot 9 and I have grey hair and that I boarded Waterloo. I'm 6 foot blond hair and boarded at Seaforth ( how can he get this mixed up). This is perjury he has signed a witness statement thats full of lies. What can I do about this? I'm in ill health as well. I've got kidney diease, moderate enseymphna and suffer from servere anixety also a alcoholic. Please don't judge me about my drinking as yous don't know why I started.
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[islandgirl]

Are you able to go to court and explain?

[echat11]

Hi ToughGuyMick

I would write to Merseyrail, tell them everything in the Witness Statement is incorrect, from description of you to what happened, advise them because it is incorrect, they would be wasting the Courts time.

Mark the letter 'Without Prejudice', offer to pay the £20. Make sure you get Proof of Postage.

[barleynova]

I am sorry to hear about the difficult situation you are in. It sounds like you have been through a lot and I understand why you may have felt overwhelmed and resorted to drinking.

Unfortunately, it is not uncommon for people to make false statements in witness statements. It is possible that the Merseyrail inspector may have made a mistake or may have deliberately lied in his statement. In either case, it is important to challenge the statement and to provide evidence to support your version of events.

If you believe that the witness statement is false, you should contact a lawyer to discuss your options. A lawyer can help you to challenge the statement and to provide evidence to support your version of events. They can also help you to understand your legal rights and to determine the best course of action.

In addition, if you are in ill health, you may be able to apply for legal aid to help cover the costs of legal representation. You can find out more about legal aid and how to apply on the government website.

Finally, it is important to remember that you are not alone. There are many organisations that can provide support and advice to people in your situation. You can find out more about these organisations on the NHS website.

I hope this information is helpful and I wish you the best of luck.

[jaguarsuk]

As someone who (many moons ago now) worked on the railway in a role that involved 'Revenue Protection' from my experience it is unlikely that the inspector is deliberately lying and more likely that he's confused due to the amount of penalty notices issued.

Unfortunately those inspectors hear ' the train was about to leave and I didn't have time to buy a ticket' more times than they eat hot meals, so you were always unlikely to be preaching to a sympathetic ear.

Prosecutions of this type are private prosecutions, meaning that the train company is paying to bring it to court and not the Crown. If I were you I would write to the revenue protection team via Enforcement@merseyrail.org and explain to them that the witness statement for the case is not correct telling them what you have told us about the description.

Go on further to explain, as you have to us, the issues you have faced in your life since the issuance of the notice to current date as the reason you did not pay the fine and ask that they might consider dropping the prosecution, then advise you how you might pay the fine now.

I know from my experience working in a similar role that they are more likely to show mercy than continue the prosecution, purely because they can't win if the witness says you are '5 foot 9 and I have grey hair' and then you show up at court '6 foot blond hair.'

The key is though, if they do agree to dropping the prosecution and payment of the fine is that you must pay the fine. I know as someone dealing with addiction it will be very difficult, but you will only get mercy once if they do show it and if they have to bring it to court a second time a fine accompanied by a criminal record if they win in court will not improve the situation you are in.

Good luck and let us all know how you get on with MerseyRail.