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Unread 04-04-2007, 15:11   #1
Mark Gleeson
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There are no outstanding legal proceedings against you. Its only if the fine is not struck out and goes unpaid do legal proceeding begin when a summons is issued. Also the case you quoted has to our knowledge been settled, it is public domain so its its publisher they would be after not you

See they are turning nasty

Time to get nasty, state you are unwilling to pay until such time IE admit they where wrong to allow the train to operate early.

BTW I have to power to block IE from reading threads if needs be

Last edited by Mark Gleeson : 04-04-2007 at 15:16.
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Unread 04-04-2007, 15:12   #2
andyl222
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Quote:
Originally Posted by Mark Gleeson View Post
There are no outstanding legal proceedings against you. Its only if the fine is not struck out and goes unpaid do legal proceeding begin when a summons is issued

See they are turning nasty

Time to get nasty, unwilling to pay until such time IE admit they where wrong to allow the train to operate early
I'm in the process of sending my local councillor an email.... I'll keep you updated.
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Unread 04-04-2007, 15:39   #3
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Quote:
Originally Posted by Mark Gleeson View Post
There are no outstanding legal proceedings against you. Its only if the fine is not struck out and goes unpaid do legal proceeding begin when a summons is issued. Also the case you quoted has to our knowledge been settled, it is public domain so its its publisher they would be after not you

See they are turning nasty

Time to get nasty, state you are unwilling to pay until such time IE admit they where wrong to allow the train to operate early.

BTW I have to power to block IE from reading threads if needs be
That would probably be wise if this issue gets any more volatile. I'm just baffled as to how someone can act as Mr. Byrne has. It would seem that the circumstances of my fine are a secondary concern to him, just behind him trying to intimidate me....

Last edited by Thomas J Stamp : 04-04-2007 at 22:24.
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Unread 04-04-2007, 15:45   #4
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I've sent an email to my local Councillor John McGinley. I attached all correspondences from Mr. Byrne and myself and asked for mr. Mc Ginley's advice.
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Unread 04-04-2007, 19:28   #5
Rushed2nowhere
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Does Coolmine have CCTV? If it does it could potentially be used as evidence to:
a.) Prove that the train left early
b.) That you were standing on the patform at 12.39/12.40

Similary if there is CCTV at Connolly it could be used to prove that after getting off the train you went directly to the desk to purchase a ticket and that you didn't try leaving Connolly without paying for your journey (fare evasion).

Even though I.E. have the law on their sides, in court the judge might let you off due to I.E.'s mistakes.

Another thing is if you could prove that this train was 10 minutes early it would put I.E. in a very embarassing situation and they might drop the charges.
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Unread 04-04-2007, 20:07   #6
andyl222
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Does Coolmine have CCTV? If it does it could potentially be used as evidence to:
a.) Prove that the train left early
b.) That you were standing on the patform at 12.39/12.40

Similary if there is CCTV at Connolly it could be used to prove that after getting off the train you went directly to the desk to purchase a ticket and that you didn't try leaving Connolly without paying for your journey (fare evasion).

Even though I.E. have the law on their sides, in court the judge might let you off due to I.E.'s mistakes.

Another thing is if you could prove that this train was 10 minutes early it would put I.E. in a very embarassing situation and they might drop the charges.

Thats a good idea, I don't know how long they keep their footage for before formatting the tapes/disks, but if it was available it would be a key piece of evidence for me. Anyone have any idea how long they keep cctv footage for at IE????
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Unread 04-04-2007, 22:30   #7
Mark Gleeson
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The on train one, no chance, the level crossing one should be in the region of 28 days and it is recorded

If they are following the best practice http://www.dataprotection.ie/viewdoc...dance/cctv.htm

It depends on the camera positioning they are normally just there to watch the crossing with no attention to the traffic really, only Merrion Gates has extra cameras to catch people, it won't work in Coolmine

For the record you could also ask for the train register entry for train P638 on March 20th, legally IE have to keep that. The register should log the trains times against signals
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Unread 04-04-2007, 22:32   #8
Thomas J Stamp
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If there are no incidents I'd be surpriseed if it isnt taped over within two days.

Your greatest difficulty is proving this train was early. Remember, all IE have to do is prove the TVM was working that day, hey presto you're gone.

Even if it was early... Maynooth line.... its hardly as if the next train was at 18.00 was it?

This depends on which Judge you get. Dont be intimidated by Mr Byrnes. You may get a fine or you may get lucky, dont forget District Court Judges get the train too, and suffer the various problems associated with them, god knows they may also have been in a similar situation. This is a point Mr Byrnes should consider when he reads this thread as well as the fact that you're not the usual sort of fare-doging character we find in the District Court.

At this moment i would like to say hello to Rita and Hugh, two of my colleages in the CIE Solicitors Department. Hope you're kepping well.
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Unread 04-04-2007, 23:04   #9
andyl222
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Originally Posted by Thomas J Stamp View Post
If there are no incidents I'd be surpriseed if it isnt taped over within two days.

Your greatest difficulty is proving this train was early. Remember, all IE have to do is prove the TVM was working that day, hey presto you're gone.

Even if it was early... Maynooth line.... its hardly as if the next train was at 18.00 was it?

This depends on which Judge you get. Dont be intimidated by Mr Byrnes. You may get a fine or you may get lucky, dont forget District Court Judges get the train too, and suffer the various problems associated with them, god knows they may also have been in a similar situation. This is a point Mr Byrnes should consider when he reads this thread as well as the fact that you're not the usual sort of fare-doging character we find in the District Court.

At this moment i would like to say hello to Rita and Hugh, two of my colleages in the CIE Solicitors Department. Hope you're kepping well.
I understand the difficulties I face in proving my case, but I'm not going to back down. I pay as much as anyone else to get the train week in and week out, to be treated like a common cri minal is an indignity I'm not willin g to accept.
I don't see how the operation of the TVM has any bearing on my situation, if the train is early regardless of how many facilities are in place to acquire a ticket, there would not have been any time to get a ticket and board the train. From the start of the dublin bound platform over the footbridge to the ticket office and back again is about 600-700m.

I can acept that there are regular trains on the maynooth line, but I also want to clarify I had an appointment and to miss this particular train would have caused me serious problems with regard to my college situation.
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Unread 04-04-2007, 23:33   #10
Derek Wheeler
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Quote:
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At this moment i would like to say hello to Rita and Hugh, two of my colleages in the CIE Solicitors Department. Hope you're kepping well.


Ah Stamp, you're mad.

Mark, can you lock the thread off from the CIE server.

These incidents are increasing and its alarming. IEs inconsistancies are the route cause of many problems. I frequently travel on the Kildare line between Sallins and Heuston. Sallins is generally unstaffed. Tickets are usually purchased on the train. In the afternoons there is rarely a checker on board the train so I can't buy a ticket. On arrival at Heuston tickets are not checked. On the return journey in the late evening, I can buy a single ticket from a TVM. This ticket is rarely checked, if ever as the platform gate is unstaffed and there's no checker on board.

Legally, Im supposed to have a ticket for my inward journey. But I cant buy that ticket in Heuston from a TVM. I could go to the ticket office, but at that point, there is no proof that I travelled in on the train, if I decide not to. In general IE make it hard for themselves and their customers. FACT.

My one serious gripe with Mr. Byrnes responses to the OP (who is a dissatisfied customer of IE) is the tone. He is behaving in an arrogant and agressive manner and lacks any sort of customer service skills, while blatantly ignoring the issue of an early train being the cause of the incident in question. My advice is to put it in writing to the line manager, the CEO, politicians and the DOT. Then refuse to pay the fine until all your complaints are addressed and verified in an open and accountable manner. Furthermore does the booth in Connolly on P4, clearly state that its "only" for ticket purchases from unstaffed stations?
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