contested fine to no avail.....

[andyl222]

As you can read from my previous thread I had the misfortune of being fined 50 euro by Irish Rail. I contested the fine and emailed ( registered post would have been better but time restrictions were an issue) John Byrne. The following is my email and then his response.




To whom it may concern,

I'm writing you this email to contest a fine I received on Tuesday 20th of this month. The circumstances which subsequently led to my fine are as follows:

On Tuesday 20th of March I intended to catch the 12.50 service to Connolly Station from Coolmine train station. I commute from this particular station on a daily basis and as such know that to walk from my house to Coolmine train station takes no more than 13 minutes. I was perhaps 150 metres from the level crossing when i noticed the barrier was down, signifying a train was coming into the station. It was 12.39 and i assumed it must have been a Maynooth bound train as can sometimes be the case. As i reached the level crossing (on the Dublin bound side of the tracks) the train arrived from the Maynooth direction en route to Dublin. It was 8 minutes early and at first i thought it may have been a Maynooth - Connolly direct, but alas it was in fact the train I intended to catch. As you may well know, Coolmine Station's platform layout is not conducive to quick access to the ticket office at any time,but in the case of the early arrival of a train it is downright inconvenient. I had an important meeting with a lecturer which I could not postpone, so I boarded the train assuming I could just pay when I reached Connolly as has been common practice since I started using the commuter train route nigh on 5 years ago. As you know, there is a new booth in Connolly station, parallel to Platform 4, which to all intents and purposes is signposted and manned like a ticket booth. In the very recent past I'd been witness to many people purchasing tickets at said booth on arrival at Connolly station from numerous departure points,and as such was under the impression I could do the same. I walked to the booth and addressed the attendant, asking to buy a return ticket to Maynooth (to clarify, I live with my girlfriend in Clonsilla during the week and have a family home in Maynooth.)
The attendent then asked for my point of departure to which I responded Coolmine, I explained in a somewhat jocular manner the early arrival of the train etc. I was asked for an I.D, which I duly handed over assuming it was to show I was a student. The attendent then took details from my I.D, asked for my address and only then informed me I was being fined 50 Euro for boarding a train without a ticket.

As far as I know, a commuter train arriving early into any station, even by a few minutes can be seen to have broken or infringed on the following

1. Conditions of Carriage
2. The Customer Charter
3.Memorandum of Agreement with the DOT.

Not having a ticket is in breech of SI 109 1984 and under the Victorian railway regulation act is an offence. I also understand in full SI 576 2006 with relation to fare evasion, but I'm sure it is clear to you that in this particular case I was not in any guise attempting to evade paying my fare. I had not attempted to exit my destination ( Connolly station) without buying a ticket, I had not even passed the new 'ticket' booth, I had every intention of buying a ticket.

I understand that Joan Burton TD has already been made aware of the inconsistencies in services and customer satisfaction in reference to Coolmine Station and I will in turn be sending her a copy of this email.

There are several other matters I would like to discuss in terms of my misconception of the ticketing system of Irish Rail, misconceptions which seem rife amongst the general populus and result in penalties and fines for diligent customers such as myself. Up until very recently it was common practice to pay for your journey at the destination if for whatever reason you could not purchase a ticket at your point of departure. This seemed such common practice in fact, that as I approached the 'ticket booth' on Platform 4 in Connolly Station i was oblivious to the fact that I was in a position to be penalised, as were the 6 people behind me in the queue. It seems to the public that Irish rail are 'moving the goalposts so to speak' and are now cashing in on a public misconception.

The wording of signs about fare evasion are no more clear 'Buy a Ticket, Or Pay the Price' seems like either a simple threat or an option. The booth in Connolly Station to which I've referred to throughout this email has a sign above it stating ' No Ticket? Queue here', which would imply that tickets could be bought there, a fair assumption I'm sure you'll agree.

In closing I expect this fine to be quashed. If this does not occur I will be making a complaint to the Direct of Consumer Affairs and the Minister of Transport. I will also be extensively highlighting the matter in the media. I want a written response to this email immediately. I have been greatly distressed by the aforementioned events and feel that without quick resolution I will have no other choice than to consider my legal options.

Andrew *****







His response was as follows.

Good Morning Mr *****



I’ve read you r email in regard to you boarding the service at Coolmine on the 20th March, Firstly advertisements onboard rolling stock and at stations in tandem with onboard inspections and entry and exit checks have been ongoing for a number of years at Coolmine station. It is never acceptable to board an Iarnrod Eireann service without a valid ticket when a ticket selling facility is made available as was the case in Coolmine that morning. The ticket selling facility was available at the other side of the platform which only takes a matter of minutes to traverse. I stress again that you mention it was common practice to pay at the other end of a journey ,this was only afforded to passengers that travelled from a station without a ticket selling facility or a station was unmanned or had malfunctioning equipment . Any passenger who arrived at a station or travelled onboard without a ticket and was inspected by one of my officers has been fined and this practice has been ongoing for the last number of years .Persons who have not paid have been prosecuted through the courts over the same time frame and the excuse of not knowing has not been accepted by myself or for that matter the judges presiding over prosecutions. Prosecutions have taken under the auspicious of the Railway safety act 2005 and I attach the relevant sections below. In regard to the comments made regarding my officers in Connolly the booth has had a large poster in red reading No Ticket, No Travel, No excuse attached to it for some time. Other posters and passenger information has been made available to passengers for some time prior to the introduction of the exit validation gates in our main stations in the city centre. So I don’t accept the assumption that you could reasonable buy a ticket at the booth. In closing the fine stands and is required to be paid within the 21 day period or it will be sent for prosecution.


Sorry for the very long post, but I'd like some suggestions as to how I should respond. He has not addressed the issue of the early train which to me seems incredible as it is the central point of my argument. He seems more upset that I dare question the IE signage and their interpretation. I'm just astonished that this is the sole individual to which we as consumers can voice our concerns regarding complaints/ fcontesting fines. Ridiculous.