contested fine to no avail.....

[andyl222]

My response to his email.....

Dear Mr. Byrne,

Thank you for your prompt response to my email. I note that you did not make reference to the fact that the train in question was early. As the early arrival of the train was the sole cause of this particular incident I find your lack of reference to it surprising. I reiterate that I boarded the train with every intention of paying my fare at my destination. My unsuccessful attempt at buying a ticket is evidence of my intention. In your email you indicated that you have no discretionary authority to rescind fines for rail travellers who use the service without a ticket under the mistaken impression that they can pay at their destination. The following excerpt from one of your own emails would suggest otherwise.

Good afternoon Neil

Thank you for your mail regarding the circumstances you have outlined while travelling from Coolmine station. Firstly I will address the points you have raised

There is no change in Iarnrod Eireann ticketing policy all passengers must have a ticket prior to boarding any service when a facility is available. This has been the policy of the railway since the 1889 railway act.
To re-enforce this policy numerous amounts of signage is dotted around the network and the rolling stock. The newest poster No Ticket, No Travel, No Excuse is located on all rolling stock transiting that station and at main stations such as Connolly.

This is also accompanied by an information booklet of the same name available at stations (see attachment). In regard to Coolmine the platform on the way to Dublin has a container which houses a temporary booking office that operates at peak times in the morning. Directly across from that is the booking office that contains an automatic vending machine and ticket sales from two windows access to the ticket office is over the passenger footbridge.

The station is manned until 2130 every evening. With regard to staff informing you that you could pay at the other end this practice is only permitted if one the TVM is out of operation or two there is a power cut and we cant sell you a ticket . Passengers using the service are asked to allow themselves plenty of time to buy a ticket rather then risk committing the offence of evasion albeit un-deliberately.

In your case the standard fine is €80-100 for individuals caught attempting or accidentally evading on our services , However as I will have to charge you something the minimum I can charge is €25 giving you 21 days to pay . Please fine attached the leaflet mentioned.

You sent this email in response to a similar situation in October 2006. Clearly you accepted that 'not knowing' was an excuse in this case.

I don't intend to enter into any further communication with you on this matter. If you wish to take this further I will see you in court.

Yours sincerely,

Andrew Lynch

[Mark Gleeson]

Next thing is they will tell you the train wasn't early and can't be early. I know the signalling computer doesn't care about time, it worries about order, in the case of the Maynooth line it is possible to depart early, where as from Howth or Bray would require a manual override since there is a level crossing. So that pre-empts the next excuse from IE

The case is still weak but IE are starting to dig a hole

[andyl222]

Originally Posted by Mark Gleeson

Next thing is they will tell you the train wasn't early and can't be early. I know the signalling computer doesn't care about time, it worries about order, in the case of the Maynooth line it is possible to depart early, where as from Howth or Bray would require a manual override since there is a level crossing. So that pre-empts the next excuse from IE

The case is still weak but IE are starting to dig a hole

here was his response, note he does not address the train being early AGAIN.....

Mr *****



Thank you for your email. Firstly I take it that your sought permission from Neil for the attached communication that was sent in a private capacity to Mr. Brady? I certainly do not discuss individual cases with third parties. And if you did seek permission and it was granted ask him was the fine paid? Secondly if you wish to argue this point further then the proper forum is the courts which I will oblige you if the payment of the fine is not received. Also please note that unauthorised public disclosure of ongoing cases or investigations is a prosecutable offence.





Regards



John Byrne

[markpb]

Originally Posted by andyl222

the proper forum is the courts which I will oblige you if the payment of the fine is not received

He's close there. The proper forum for dealing with people as rude and uncopoperative as him is (unfortunately) through politicians. Go talk to yours.

[andyl222]

Originally Posted by markpb

He's close there. The proper forum for dealing with people as rude and uncopoperative as him is (unfortunately) through politicians. Go talk to yours.

my response read:

Dear Mr. Byrne,
I can assure you that I'm not privvy to any private information in regard to Mr. Brady or his case. He has chosen to put his communication with you in the public domain by posting on www.boards.ie. With regard to the unauthorised disclosure of ongoing prosecutions, surely that is down to Mr. Brady and not myself. I have no intention of discussing Mr. Brady's case any further, I was simply trying to highlight an inconsistency in your attitude re. 'not knowing is never an excuse'.
Once again I find myself surprised that you have chosen to ignore the main focus of my email to the effect that the train was early and that you in fact granted Mr. Brady a reduction in fine. An organization such as Iarnrod Eireann works on consistency and as such I find your drastic differences in attitude to 2 very similar cases somewhat puzzling.