is there a legal time limit on issuing fine?

[muttlee]

I received a letter after not having a ticket to travel (I had no idea I wasn't allowed to buy a ticket on the train). The letter states enough evidence is available for prosecution, and that I should send a mitigation letter with 21 days, which I did and received a confirmation email on 9th August 2018, well within the 21 days.

Their confirmation email response stated that they could take "up to 28 days to respond" to my mitigation letter, but the penalties fares regulations state in part 3, section 6: "Where an Appeal Panel receives an appeal under regulation 16 or 17, it must decide whether to allow or not allow the appeal before the end of the period of 21 days beginning with the day on which the appeal is received".

Am I confusing my mitigation letter with an appeal letter: is an appeal letter a completely different thing? I have not received any further contact regarding any fine or prosecution, and it is now 32 days after their confirmation of my mitigation letter. Is there a time limit on how long they can take to reply?

The delayed response by the train company is making an incredibly stressful event even worse!

 

[Bletchleyite]

They are different. Penalty Fares do not apply in your case as the TOC have decided to pursue prosecution and have basically asked you to give them a good reason why they should not.

 

[najaB]

Am I confusing my mitigation letter with an appeal letter: is an appeal letter a completely different thing? I have not received any further contact regarding any fine or prosecution, and it is now 32 days after their confirmation of my mitigation letter. Is there a time limit on how long they can take to reply?

Yes, you are confusing matters. As @Bletchleyite says a Penalty Fare is completely distinct from a prosecution.

With respect to the latter, the TOC has up to six months from the date of an alleged offense to lay papers before the court, which will then issue a summons. In most cases, however, they will make the necessary investigation and decide to/not to prosecute within four to six weeks.

 

[muttlee]

Yes, you are confusing matters. As @Bletchleyite says a Penalty Fare is completely distinct from a prosecution.

With respect to the latter, the TOC has up to six months from the date of an alleged offense to lay papers before the court, which will then issue a summons. In most cases, however, they will make the necessary investigation and decide to/not to prosecute within four to six weeks.

Many thanks Naja, not sure I could last 6 months of this!

 

[muttlee]

Update for anyone else in the same situation: the fining company just asked for an admin fee of £70 and that was that.

 

[najaB]

Update for anyone else in the same situation: the fining company just asked for an admin fee of £70 and that was that.

Thanks for letting us know. That seems reasonable (admin fees typically range from around £50 to £100, depending on how far along the process the case has reached).