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Dart FPN / evidence of intent to pay

  • 12-05-2022 5:28pm
    #1
    jgoty2001
    Registered Users Posts: 23 ✭


    I recently presented my Dart ticket when asked by a RPU officer, and was shocked when she showed me that it was in fact a 'Declined' transaction receipt. I had gone through the normal purchase process, heard the normal 'beep' and took what looked like the normal ticket onto the train. I obviously did not inspect it properly, and did not read the small card screen where it presumably displayed a 'declined' message. I just did what I'd guess the majority of vending machine users do and assumed all was OK. I had used my card a little earlier, it was well in credit and worked without fail at this ticket vending machine before (I know this because all purchases were validated at the destination gates).

    My emailed appeal failed so I looked up and noted "and with intent to avoid such payment" wording is included in the relevant act. My question is: would the declined receipt along with evidence of successful prior (and post) use of the card be sufficient proof that I did not intend to evade paying the fare? Other than emptying my account (which have proof I did not do) I don't think it would have been possible for me to deliberately have the card declined - so in a courtroom would this be accepted as proof of intention to pay?

    The RPU office I dealt with acknowledged my surprise and shock and would not dispute that I believed that I had in fact purchased a normal ticket.



Comments

  • #2
    Claw Hammer
    Registered Users, Registered Users 2 Posts: 6,299 ✭✭✭Claw Hammer


    Tell that to the judge!



  • #3
    Losty Dublin
    Registered Users, Registered Users 2 Posts: 13,247 ✭✭✭✭Losty Dublin


    It has always been the way that the onus is on the ticket bearer to ensure that their ticket is valid and correct; this extends to this who use Leapcards and travel passes. If you took the incorrect ticket or decline receipt from the machine then carried on without checking it, well you still don't have a ticket. I don't know what the point is in showing that you bought tickets before; on the wrong day it could weaken your case. Best to save yourself a day out and just settle up the fixed penalty fare.



  • #4
    Spook_ie
    Registered Users, Registered Users 2 Posts: 10,896 ✭✭✭✭Spook_ie


    I would think the only defence you could have would have been

    As soon as RPU approached or at terminal station you went with the declined receipt and asked for a ticket as the machine declined your card for no apparent reason.

    If you failed to check if you had a valid ticket, well there isn't really (as I see it ) a valid defence.



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