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Unread 18-09-2008, 10:21   #1
Coolmine99
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So it looks like I might expect a burly Garda on my door step in the newar future? Or should I just come clean and try and sort this out before it gets out of hand?
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Unread 18-09-2008, 10:37   #2
Mark Gleeson
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Long run it is probably cheaper to pay the fine now, even if you win in court it will cost you at least a half day off work and potentially fees for legal advice and so on. Of course you could lose and pay much much more.

Interestingly the Luas bye laws prohibit you from traveling if all the TVM's at a stop are broken!

Under the bye laws Irish Rail have a fully legit collar, we don't like it but the guy in Pearse caught you traveling with no ticket from a staffed station. The legal requirements of the fine where satisfied. The matters of rudeness should be addressed to Customer Services, Northern and Eastern, Connolly Station, Dublin 1.

If this was 3 years ago, I'd give good odds on a win for you but since the Rail Safety Act 2005 rolled in and Irish Rail had a string of non convictions due to the pay and the other end practice, they have change the game plan and rolled out a zero tolerance game and plenty of posters telling you about it.

Edit 21 days are up so the summons is in the post by now

Last edited by Mark Gleeson : 18-09-2008 at 10:41.
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Unread 19-09-2008, 10:09   #3
Coolmine99
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An update - rang Pearse this morning. My fine is being processed and being sent out to my (ahem) wrong address, so i corrected this - I didn't fancy a Garda visit after missing court appearances years down the line, particularly after reading andyl222's experience. Now, if only I had of been as forgetful about my name as well.....I will definitely appeal, and am sending a strongly worded letter to David Finlay at Pearse (Customer Services). Would the fact the guy acted like a complete ingnoramus and breached IR's customer charter help my case? Anyone know if appealing apenalty fare increases it if unsuccessful? I'm sure the details will all be revealed soon.....

Last edited by Coolmine99 : 19-09-2008 at 10:13.
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Unread 19-09-2008, 10:28   #4
Mark Gleeson
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While Irish Rail where lazy, ignorant and rude they have the whole legal side in their favour. There was a staffed ticket office at the station

Fine is a matter for the judge worse case the fine is 1000 euro, but it is a conviction so that may have other problems for your future. Max for the penalty notice is 100 euro and it disappears there and then never to surface again.

End of the day in nearly every case Irish Rail have always left themselves slightly open to losing. But it all depends on the judge on the day and that is not the kind of thing we are going to guess about. If you do end up in court seek professional legal advice.
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Unread 19-09-2008, 11:08   #5
Coolmine99
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OK, thanks. My stock answer in future is that I got on in Broombridge - this seems to work and is legit, as there is no ticketing there at present. Although me being the honest git I am I said I got on at Coolmine. Lesson learned - maybe €50 the poorer, but will go down with a fight..... .
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Unread 19-09-2008, 11:24   #6
Mark Gleeson
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As I have posted you never know with the judge. They might have a legit collar but the attitude and general administrative mess that followed is unacceptable. Once you actually get the notice, find out the due date and then argue and you never know. Send any letters by registered post and keep copies.

Don't try the Broombridge excuse, they have been known to send staff out there early morning
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Unread 19-09-2008, 12:47   #7
Colm Moore
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Quote:
Originally Posted by Mark Gleeson View Post
Don't try the Broombridge excuse, they have been known to send staff out there early morning
Yeah, 6-12 months for perjury would be wasted on a case like this.
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