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Unread 30-09-2008, 13:36   #1
ThomasJ
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Can I be so bold as to ask andyl222 what was the reason for it being thrown out?
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Unread 30-09-2008, 13:39   #2
andyl222
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Can I be so bold as to ask andyl222 what was the reason for it being thrown out?
the solicitor had NO eveidence against me,so they couldnt proceed. judge just threw it out.
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Unread 30-09-2008, 13:40   #3
Mark Gleeson
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So escape by technicality not on the merits of the case.

Any other day and you would have likely been hit with the €500 fine
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Unread 30-09-2008, 13:46   #4
andyl222
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So escape by technicality not on the merits of the case.

Any other day and you would have likely been hit with the €500 fine
Possibly, but i'm too happy to care. This has been hanging over me for a year and a half so now that its over i'm just happy to relax.
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Unread 30-09-2008, 14:05   #5
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So escape by technicality not on the merits of the case.

Any other day and you would have likely been hit with the €500 fine
But short of checking the security cameras on the platforms for evidence how can this be proven?
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Unread 30-09-2008, 14:16   #6
Mark Gleeson
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The official who issued the notice typically gives evidence of the incident involved.

Its the same as the classic I got off since the garda who caught me didn't show up in court.

Be very clear here, if you board at a staffed station without a ticket the full force of the law will be applied. I know of a few people in the court today. End of the day if you boarded without a ticket at a staffed station there is a case, the law has been broken.

You might get lucky, through a combination of Irish Rail messing up or the judge being friendly. Or you might get up to €1000 fine, a criminal conviction and a loss of income from a half day off
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Unread 30-09-2008, 14:23   #7
andyl222
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The official who issued the notice typically gives evidence of the incident involved.

Its the same as the classic I got off since the garda who caught me didn't show up in court.

Be very clear here, if you board at a staffed station without a ticket the full force of the law will be applied. I know of a few people in the court today. End of the day if you boarded without a ticket at a staffed station there is a case, the law has been broken.

You might get lucky, through a combination of Irish Rail messing up or the judge being friendly. Or you might get up to €1000 fine, a criminal conviction and a loss of income from a half day off
And I have not disputed that fact at all, I was simply trying to point out that the glorious irish rail is not infallable in the eyes of the law. I'm in no way trying to condone fare evasion or anything like that, I was simply trying to pint out that sometimes irishrail get it wrong and a judge will rectify that.
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Unread 30-09-2008, 14:31   #8
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Good result andy, just make sure you have aticket the next time. (I know I will, even if it means being late for work)

Still no sign of my penalty fare, so they're obviously as sloppy in issuing these are they are with running services in general... I have rang and written to IR about it, so the ball is in their court (no pun intended).
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Unread 02-10-2008, 10:54   #9
Coolmine99
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Well, no sooner had I written the post above than a letter came from IR advising me of my penalty fare. Plenty of bold lettering advising me of the seriousness of the offence, €1000 fine, prison time, taking my wife and kid etc. Mind you, I had written to them complaining about the circumstances and my frankly disgraceful treatment at Pearse. No mention of this in their lettrr, so I am finally convinced IR don't give a toss about their 'customers'. At least I know now.

I will appeal it, am also thinking of getting the local TD involved. This is a disgraceful treatment of ordinary decent people. As for the €50 fine, they will be getting this in as much change as I can get together.....
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Unread 30-09-2008, 14:08   #10
andyl222
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Quote:
Originally Posted by Mark Gleeson View Post
So escape by technicality not on the merits of the case.

Any other day and you would have likely been hit with the €500 fine
And also I did note that there were several cases similar to mine where a person got on a train due to an unforeseen circumstance and when they explained themselves the judge agreed that it didnt sound like fair evasion and they were given the probation act and no fine what so ever. So it would seem that people can win against irish rail,and not just through technicalities.
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