Go Card Fare Evasion

LKrakon on 26/06/2015 - 23:10
Last edited 29/06/2015 - 11:35

Hey guys wondering if anyone could help me with the most nonsense thing that have ever happened to me.

Tonight I was coming back from work and getting to central station (Brisbane) as I always do and while talking to my wife I forgot to touch my go card and one of the guys from translink saw me and have an on spot fine of 227 dollars with the excuse that I was trying to evade the fare.

What really gets me annoyed is that I had already paid for 9 travels which means that touching my card or not would result in no charge at all.

I tried telling it to the officer who just gave me her shoulders in the classic expression of not my problem.

End of the story I left feeling like a criminal with a fine of 227 to be paid in 28 days.
I saw that I have the option of going to court and that's it, but I don't know how long it would take and I have my holidays coming soon and I'm sure that I'll be summoned during that time where I won't be here in Australia.

Anyone has any advice on what I could do? Thank

Tl;Dr - Got a fine that doesn't seems fair and wanna appeal or get it removed.

Update: I called them and was given an address to which I could write to appeal. This process will take up to 6 weeks, so I guess now I don't have a choice but wait. At least they told me not to pay the fine until they have checked the appeal.

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Comments

  • djmatt24 on 27/06/2015 - 00:21
    +4

    Is the fine issues by translink/brisbane transport? If so, you could try speaking to one of their customer service reps. Document your trip history.
    Is there an appeals process that you can go through?
    You could also go thepublic route, post on the translink Facebook/Twitter accounts explaining the situation. If their customer service team are good you might have some luck.

    • djmatt24 on 27/06/2015 - 00:22

      Looks like they reply to pretty much everything on their FB page.

    • Krakon on 27/06/2015 - 00:30

      The fine says I can only go to court, there is nothing about appealing

      • Davo1111 on 27/06/2015 - 00:39
        +27

        just try it. you dont ask, you dont get

        • [Deactivated] on 28/06/2015 - 06:54
          +2

          Contact them in writing ASAP. Their is a good chance they will back down before it goes any further.
          I have ignored toll company, police and council issued fine "appeal processes" for years and I've never had to pay an unfair fine.

      • mezje on 28/06/2015 - 11:48
        +2

        If it is anything like the Victorian system not a single case has made it to court and all fines have been dropped. As others mentioned just document your history how you felt the person treated you and write to them ASAP, if possible link your card online? Then it should record all your trips etc.

        I have gotten out of 1 fines here in Victoria with ease, shouldn't be too different - good luck.

  • grasstown on 27/06/2015 - 00:28

    What a cow, seriously.

    Well I think you have a case.

    Faqs

    "What happens if I forget to tap on or tap off?
    If you forget to tap on or tap off, a default fare is charged, which is the maximum applicable fare for your trip. Default fares do not contribute to the Weekly Travel Reward.
    Also, if you haven't tapped on with your Opal card, you're not travelling with a valid ticket and can be fined.

    Do I still need to tap on and tap off if I've reached my Daily Travel Cap or Weekly Travel Reward?
    Yes, even if you have reached your Daily Travel Cap or Weekly Travel Reward, you need to tap on and tap off for each journey, so that you have a valid ticket for travel. "

    The FAQs only say fine if you havnt tapped on.
    The FAQS say that if you forget to tap off, the default fare is charged.

    I would wait for it to appear on your statement, showing that you tapped on, showing that it was otherwise a free ride,

    I would write to them and tell them that by default you had a valid ticket.

    I would further note that your interpretation of the second faq listed above is that it envisages that you would not have a valid ticket only if you failed to tap both on AND off. Due to the default system.

    • retiredfeline on 27/06/2015 - 00:30
      +5

      Opal card

      Wrong state. But yeah, this is over the top.

      • grasstown on 27/06/2015 - 00:32
        +2

        Haha I was wondering why he called opal card go. I saw central and it didn't click it all states would have a central :)

      • dannyboi on 28/06/2015 - 13:05

        You'll still get fined on the Opal card. Transit officers will check if you've tapped on or not on the trains; I've seen them issue fines to people if they haven't.

        I would assume you can go through an appeals process, especially if you have no prior history with receiving fines.

        • retiredfeline on 28/06/2015 - 13:56

          Sure, I've experienced random checks too but this discussion is about QLD.

    • Krakon on 27/06/2015 - 00:32

      The problem is that I forgot to tap on while entering the central station, don't think my problem fits in any of their faqs

      • grasstown on 27/06/2015 - 00:34

        Check the FAQs for your state , I had wrong state

        • Krakon on 27/06/2015 - 00:44

          I did, didn't find anything useful

  • RefusdClassification on 27/06/2015 - 05:02
    +20

    I despise the Translink Gestapo. They are losers unable to get real jobs that contribute to society, and just high on harassing and bullying people. There is nothing worse than people who fantatically enforce bureaucratic redtape.

    65% of the time my card doesn't register and I have to repeatedly swipe. Old fashioned paper tickets were the past but the government charge 35% more for those.

    • ozkiwi75 on 27/06/2015 - 09:07
      +8

      I lost count of the number of times I've been overcharged because the card didn't register properly. If only I could issue them with a $227 ticket!

      I've hear rumours from a source inside Translink that they are likely to revamp to a new system. But knowing government organisations, it's probably years away. What really gets to me is that Australia is actually one of the leaders in this technology. For example, the flawless Octopus system used in Hong Kong was developed in Oz!

      • geoffellis on 27/06/2015 - 23:17
        -1

        what makes the Octopus system flawless? i wonder if you asked the locals, if they would agree with that statement? lol

        • maeshil on 28/06/2015 - 00:51
          +14

          I go to Hong Kong often, the Octopus system is amazing. The card readers are able to detect the Octopus card even if it is buried under other cards in your wallet, unlike go cards.

        • ozkiwi75 on 28/06/2015 - 01:02
          +5

          In addition to maeshil's comment:

          It's super fast to detect the card
          I have never had errors with my fares when using it
          It can be used in convenience stores in lieu of cash

          This is what mass transit public transport systems are supposed to be like. I'm sorry if you've never experienced it.

        • sama on 28/06/2015 - 16:41
          +4

          I've seen some girls tap their handbags on, and it still reads. In contrast I get errors when I use my card in the silicone sleeve on the back of the mobile phone that opal sells.

        • nikey2k27 on 29/06/2015 - 10:50
          +2

          @ozkiwi75: japan system then i found there one to be ok.

        • ozkiwi75 on 29/06/2015 - 12:46
          +4

          @nikey2k27: Yeah, I lived in Japan for a while as well. Their system 20 years ago was more advanced than the latest technology we have at the moment here in Brisbane! LOL.

          But as a huge generalisation, Japanese tend to be perfectionists that actually care about customer service. They used to apologise over the loud speaker when a train was more than 30 seconds late, which believe it or not was a very rare event!!

        • Serapis on 29/06/2015 - 19:30

          I love the Octopus card, its acts as a sort of small debit card as well and I can use it for simple purchases at newsagents or 7-11. Didn't have a single issue with it when I was in HK for a few months.

          Opal on the other hand is catching up but it's slow.

        • flyingtrapeze on 29/06/2015 - 21:22
          +1

          @maeshil: Optus card was designed by Australians. Just like the Blackbox.

        • kaizen on 29/06/2015 - 23:41
          +1

          Yep Octopus card developed in WA :)
          My lecturer at Uni at the time was part of the team that did this, when learning about this, it never ceased to amaze everyone that this wasn't used in Australia completely…

        • Serapis on 30/06/2015 - 02:12
          +1

          @kaizen:

          They tried something similar in NSW and failed the first time around:

          https://en.wikipedia.org/wiki/Tcard

        • MementoMori on 30/06/2015 - 11:59

          @kaizen: WOW! I had no idea. This makes me 100x more pi$$ed off at MYKI!

      • Tal_Shiar on 28/06/2015 - 01:13
        +4

        if you have trouble with ticket inspectors it's because you're a dillhole, even if one happens to be a schmooftie… just let it go the only thing more pathetic than a ticket inspector being a jerk is the guy that goes out of his way to be a dillhole back to them. When people look at you when you're doing it, they're not supporting you, they're wondering why they didn't go to a different carriage…

        • [Deactivated] on 02/07/2015 - 12:05
          -1

          That's not true. People on the carriage laugh as the ticket inspectors leave. These people are quite literally bullies, and I will not make their job easier.

        • [Deactivated] on 02/07/2015 - 12:09

          Nobody likes a ticket thug. If you haven't experienced them being jerks, then don't comment

        • Tal_Shiar on 02/07/2015 - 13:04
          -1

          @mnermner: you are exactly the kind of person i'm talking about, understand this, we don't want to be rude, but you need to stop talking. Yes i've experienced a "ticket thug" and i've had to go to court to remedy the situation, so I know what i'm talking about

        • [Deactivated] on 04/07/2015 - 13:02
          -1

          @Tal_Shiar: someone is a jerk to you congratulations, according to @Tal_Shiar you are a dillhole and that's the reason said person was a jerk to you

        • Tal_Shiar on 04/07/2015 - 13:13
          +1

          @mnermner: ….you're point was?

        • [Deactivated] on 07/07/2015 - 10:40

          @Tal_Shiar: well, you're being a dillhole, I'm just worried some jerk it's gonna try and jerk you up

    • cheesecactus on 28/06/2015 - 12:11
      +3

      I dont know whats up with card readers in australia. I went to melbourne, you have to hold your card on the scanner for a solid couple of seconds yeesh.

      Perths Transperth is muuuuuuch better (in terms of the smartcard system….and thats about all we have going for us).

      • mooboy on 30/06/2015 - 11:07
        +1

        The Melbourne scanners really do suck so much compared to every scanner I have ever seen in any other country or state.

      • clem on 30/06/2015 - 15:37
        +1

        yeh and I swear you have to sometimes like wriggle/rub it around on the scanner too LOL

    • dojomojo on 29/06/2015 - 12:03

      Agree, really annoys me that they don't do anything about students in suits.

      • Kikkoman56 on 29/06/2015 - 19:00

        Don't do anything? Have you heard of the TTCC?…

  • [Deactivated] on 27/06/2015 - 09:55
    +3

    It's their job to make you feel that way. It doesn't matter if you fair evade, if you forget, if you're too poor. The same thing happened to me in Melbourne. I was ready to take it to court, but I was stressed out by other things and ended up paying so I didn't have to think about it(all to their plan).

    In Melbourne "Most of the myki fines contested in court have been withdrawn or dismissed"

    http://m.theage.com.au/victoria/myki-fines-fail-in-court-201…

    You should definitely give it a go if you feel up to it. While you're at it. Write to your local and state member to tell them how corrupt you have experienced the rail fine gives to be, and ask them to do something about it.

    • Krakon on 27/06/2015 - 10:09

      Yeah, I definitely will go to the customer service on Monday and see if they can fix it, otherwise I will try going to court.

  • inherentchoice on 27/06/2015 - 14:26
    +3

    Translink's own website concedes that it may consitute a breach:

    The following are examples of passenger conduct which may constitute a breach of the Transport Operations (Passenger Transport) Act 1994 (this list is not exhaustive and other conditions apply).

    • A passenger must ensure his/her go card is touched on when travelling… [bold emphasis added]

    Source: http://translink.com.au/translink.com.au/tickets-and-fares/f…

    However, looking at the relevant law it seems to be very clear:

    143AB When does a person evade payment of a fare
    (1) A person evades payment of a fare in relation to a public passenger vehicle if the person—

      (a) when attempting to travel, for an intended journey—
         (i) does not, without a reasonable excuse, pay the fare lawfully required; or
       **(ii) if using a smartcard, does not tag on; or...**

    http://www5.austlii.edu.au/au/legis/qld/consol_act/tota19945…

    • badonde on 27/06/2015 - 14:33
      +1

      Common sense says that I would agree with you here. If the charge is fare evasion and you can prove that there was no fare evasion going on (which I think you can) then there is no valid charge

      • inherentchoice on 27/06/2015 - 14:35
        +1

        Hey I overlooked the key part of the law so I edited my comment above, sorry.

        I believe the OP has breached section 143AB(1)(a)(i) of the Transport Operations (Passenger Transport) Act 1994

        "if using a smartcard, does not tag on"

        If I was the magistrate I would dismiss the appeal. Sorry but I think OP has to pay this time.

        • badonde on 27/06/2015 - 14:36

          Hmm that sucks. If it were me, I would appeal anyway purely for the fact that I have done nothing wrong.

        • Krakon on 27/06/2015 - 19:06
          +2

          But anyway the fine says it's for fare evasion, not forgetting to touch the card. And also there was no fare to be charged so I can't understand how I was trying to evade it. If it was during a regular travel where I was going to lay for it I wouldn't make a case of it, but charging me with a 227 dollars fine for fare evasion in this case sounds nonsense.

        • inherentchoice on 27/06/2015 - 19:19

          @Krakon:

          Section 143AB is about fare evasion. Did you read it?

          http://www5.austlii.edu.au/au/legis/qld/consol_act/tota19945…

        • grasstown on 27/06/2015 - 20:11
          +4

          @inherentchoice:

          but the act also says
          http://www5.austlii.edu.au/au/legis/qld/consol_act/tota19945…
          "143AC Fare evasion
          A person must not evade payment of the fare lawfully required for the person's use or hire of a public passenger vehicle"

          So the fare lawfully required for that use was $0 as he had completed 8 journeys. 143AC is the penalty provision - not 143AB. Evading payment itself is not a penalty offence, rather it's the evading payment of the fare lawfully required which is the offence, and since there is no fare lawfully required for his journey, it is an absurdity to say the fare was evaded. Interpretations that avoid absurdity are preferred to interpretations that don't.

          Alternatively, since no fare was lawfully required, the penalty provision does not apply.

          just having some fun with it

        • gimli on 27/06/2015 - 21:49
          +1

          @grasstown:

          but people could keep their card on 8 journeys and not swipe and just use that excuse. I don't know how the Queensland system works but it sounds like a buy 8 get 1 free or something along those lines. The free 1 can be considered a voucher and by not swiping to use the voucher you are not paying your fare.

          If you think about it, by not swiping this time your next fare would also be free so you incorrectly getting an extra free fare.

          I think this would be different to paying for a monthly pass and then not swiping because here you have clearly paid your fare.

        • Cryptarcadian on 27/06/2015 - 23:09
          +1

          @jubba:

          No, that's not how it works. It's entirely free for the rest of the week after 9 journeys.

          http://translink.com.au/tickets-and-fares/fares/go-frequentl…

          The OP says he had already reached the 9 journey mark, so there's no more fare that can possibly be paid for the rest of the week.

        • inherentchoice on 27/06/2015 - 23:11

          @grasstown: Interesting. I'm no lawyer so I don't know if that argument would stand up if tested in court. I also suspect 143AB(1)(a)(ii) was drafted before they changed the go card fare system to introduce free trips.

          Perhaps another possible angle would be to argue that no smart card was being used as he had a "reasonable excuse" under 143AB(1)(a)(i). Who knows? I am not a lawyer…

        • grasstown on 28/06/2015 - 00:13
          +1

          @inherentchoice: yep I think that's another good argument

        • gimli on 28/06/2015 - 11:21

          @Cryptarcadian:

          if that's the case then the fine is extremely unfair.

          Are the cards personalised to people's names? Then if so OP clearly has paid his fare and it would be ridiculous that OP should be fined.

        • Krakon on 28/06/2015 - 12:48

          @jubba:
          Yes they are, at least the concession cards like mine.

        • chaosmaster on 29/06/2015 - 14:52

          @Cryptarcadian:

          This I doubt they would try to enforce this if you appeal.

          Someone said they respond to FB posts, I would post your situation in a really clear way and ask if that is their policy to charge people $227 if they forget and there would have been no charge any way. Post a screenshot of your account and trips if possible.

  • affable on 27/06/2015 - 16:12
    +1

    Go card operators are heartless. I double tapped by mistake when I first used my Go card up on the gold coast and got charged for a new "max trip". Complained and it was ignored. They treat honest peeps like crims it seems.

  • jackspratt on 27/06/2015 - 16:54
    -2

    I am sure that pretty much everyone who has failed to touch their card has an honest and reasonable excuse for not doing so - and the excuse should be accepted immediately by the enforcement people. /s

    In the OP's case, if your non-touch hadn't been detected this time, does that mean the next time would also have been a 10th fare freebie, and so on. Can you see where I am going here?

    ps no need to feel like a criminal - it's on about the same level as a parking ticket. If this is the worst thing that happens in your life, you will indeed be a fortunate man.

    • Krakon on 27/06/2015 - 19:02

      Not feeling like a criminal for the fine, but the way I was treated when being given it. They didn't care, didn't want to listen.

    • geoffellis on 27/06/2015 - 23:22
      +2

      if your non-touch hadn't been detected this time, does that mean the next time would also have been a 10th fare freebie, and so on. Can you see where I am going here?

      Not really. It's not buy 9 trips get 1 free, it's buy 9 trips and the rest of the week is free.

  • mark12345678910 on 27/06/2015 - 19:54
    +8

    Speaking from experience, BCC absolutely does not want this sort of stuff ending up in court. They will bluff and threaten as much as possible before it gets to court.

    Also, if your court appearance happens to fall on a date when you're away on holidays you've every right to request an alternative date….more than once if needed, say for example you're sick etc. Again don't be bluffed!

    • Krakon on 28/06/2015 - 00:09
      +1

      That's good to know. Thank you for all this information.

  • [Deactivated] on 27/06/2015 - 20:30
    +3

    A few years ago, I tapped on, but the machine didn't register it. I was in a rush and had ear phones in, so I neither heard a beep or looked at the screen to see if it worked.

    Hopped on the train, a few stations down we were checked for tickets. I explained it to the lady, and she checked my history on the spot. Saw I paid for all my journeys that week so far (it was a Wednesday or Thursday), including the bus journey to the train station, so she let me off. I even offered to tap off still and pay the extra fine for that, but she told me not to worry.

    Some of them are genuinely nice, if you are nice and honest back. Forgetting to tap on when you can see the ticket inspector ahead of you is a bit silly to be honest. Just the sight of them should have jogged your memory.

    • Krakon on 28/06/2015 - 00:08
      +3

      I was really polite, and keeping it cool as I never thought she would give me a fine without reasoning about it. I have some friends that found themselves in similar situations and the officer was helpful and reasonable enough to understand a genuine mistake. Maybe the officer had a bad day and decided to spoil my weekend.

  • dazweeja on 27/06/2015 - 20:33
    +2

    Just to be clear, you're claiming that there was no monetary difference whether you touched on or not. If you didn't touch on, would you have retained a "free" trip to use at some later time?

    Edit: it's a genuine question. I don't know how the Queensland system works - 10th ride free or after the 9th ride, all rides are free until the next week?

    • Durian Pancake on 27/06/2015 - 21:40
      +2

      all travel after the 9th trip is free for the remainder of the week.

      • dazweeja on 27/06/2015 - 22:17
        +2

        That's a good deal. So there was no actual fare evasion after all. I'd be pissed too, in the OP's case.

        • Krakon on 28/06/2015 - 00:05
          +1

          Yeah, that's what really got me. The fact that it was literally impossible that I would be trying to evade the fare and she didn't care at all.

  • MrBillions on 27/06/2015 - 22:06
    +1

    Write them a letter and be apologetic and show evidence of your previous purchases and ask them to let you off with a warning

    • Krakon on 28/06/2015 - 00:04

      I'll try going to their customer service on Monday and see what happens, otherwise will have to go to court.

      • TailsK on 28/06/2015 - 23:18

        You should put it in writing, not face to face. Likelihood is that the person you speak to will not be able to clear a fine.

  • leiiv on 27/06/2015 - 23:44

    Your situation was pretty weird. In Brisbane central station (train), you can only go inside though the gates, and the only way to pass the gate is by tapping your card. Normally, there is at least an officer standing near the gates so that officer should have noticed if you were trying to pass the gate without touching on. Unless you did something crazy like climbing on the gate, a reasonable officer should at least warn you first: ask you for a paper ticket or ask you to go back to the gate and touch on!

    • Krakon on 28/06/2015 - 00:03

      Yeah I can't understand how I forgot, my wife just touched her card and I was really into the subject and just followed her through the gate. The officer immediately saw me and walked towards me, my first reaction was to take the card from my pocket and give it to her, only after that I realised I hadn't touched it and when I asked if I could do it she said no, that I was caught evading fare and that was it. I tried explaining that I somehow forgot to touch it but she didn't care. I told her that she could check my log and see that I always touch on and off but she didn't give attention. When she told me she was going to give me a fine for that I told her that I couldn't be trying to evade a fare since I wouldn't pay for the travel anyway and she just gave me her shoulders.

      • leiiv on 28/06/2015 - 00:54

        Was that legal? I mean, you had not taken the ride yet so how could it be a fare evasion (yet)?

        • Krakon on 28/06/2015 - 08:24
          +1

          I guess so, I was inside the station anyway and you usually have to touch on to get inside the station

      • whooah1979 on 28/06/2015 - 01:06

        how does on-the-spot fines work? do you provide them with an id or just tell them you're john doe and your address? what would happen if you refuse to provide id?

        • Krakon on 28/06/2015 - 08:23

          They asked my id and address, idk what happens if you refuse to give.

        • Logical on 28/06/2015 - 11:14
          +2

          @Krakon: tell them that your name is Ozbargain and your adress is www.ozbargain.com.au

        • Krakon on 28/06/2015 - 13:00

          @Logical:
          that would've been priceless haha

  • maximum on 28/06/2015 - 05:09
    +2

    I would contact them and appeal or take it to court but don't blame the ticket inspector. She was doing her job - you did the wrong thing not her. she doesn't have to be having a good, bad or indifferent day to do her job - her mood doesn't change the fact that you went through without tapping on.

    • Krakon on 28/06/2015 - 08:29
      +1

      I will try to appeal and will go to court if I have to. And about the officer here in the comments you can find people telling about some that acted like humans being reasonable and trying to understand which means that she probably had the option to not give me a fine or something else and also dhe never even tried to give me a reason on why giving me the fine, she didn't even try to excuse herself like saying that it was her job and since she saw me on spot she had to give me the fine and etc. I think doesn't matter your job, there are several wayd of doing it.

      • deek on 28/06/2015 - 21:24
        +1

        Being an officer and policing transport systems can be a shitty job. Some people get quite hostile when they're fined. You probably encountered an officer that was just fed up with the excuses. Sure, she probably could have been more understanding, should not let her emotional state affect her decisions. But hey, we're only human. If you were in her shoes, and experienced the same things she had, you may have acted the same.

        Anyway, you've got some good advice now. Contact the transport dept, and hopefully they can sort it out. Otherwise, take it to court.

        Just some advice about the court process … if it's anything like NSW, then you will want to plead guilty and explain your position. That will allow the magistrate to rule on the case immediately. Otherwise, if you plead innocent, you will need to come back at another date, with transport officials present to argue their side. I'd say the magistrate should be sympathetic to your side, especially if you show documentation proving that you were not going to be charged a fare anyway.

  • rowenaduncan on 28/06/2015 - 08:58

    http://globalhobo.com.au/2015/06/15/melbourne-trams-fare-eva…

    Melbourne, but possibly relevant here in QLD too?

  • Sirocco on 28/06/2015 - 09:11
    -5

    I think you tried to be a smartass and you got caught out. There is no way you can forget to swipe at central station in Brisbane.

    Just swipe next time instead of being mister cool.

    • secondstory on 28/06/2015 - 11:50
      +1

      I didn't know you could even get into central station without swiping unless you're tailgating - unless something changed since last time I was there

    • Krakon on 28/06/2015 - 12:40
      +1

      I wish you were right.

      @Myrtacaea I told in another comment that I was paying a lot of attention to the conversation I was having with my wife and just followed her through the gate

      • secondstory on 29/06/2015 - 12:45
        +2

        @Krakon - Oh my mistake, I somehow completely misread and thought you were on the phone to your wife.

        Try not to heart because I know it's not a good feeling being called out as a criminal when you feel you're completely innocent, but from what I have read, you also understand how unlikely the situation is for someone to forget to touch on at the gates - so the officer probably couldn't help but be suspicious. The officer was just trying to do her job and it is unfortunate for you to have forgotten to touch on.

        The person who handed you the fine has probably had to go though a lot of actual cases where people jump through with the intentions of fare evading and then try to come up with excuses after being caught and probably try to kick up a big stink or get aggressive just so the officer find it too troublesome and lets them go. By not even listening to excuses, it gets the job done and avoids that scenario completely (also lets them go back to keeping an eye on the gate quicker). I wouldn't consider it to be poor customer service as the majority of these cases would be people who aren't actually "customers".

        If you are beyond the gate at that point and have not touched on (regardless of whether you're on a free fare or not) it's highly likely you would not touch on after that. Also, if you had lost or forgotten your go card at home that day you would have needed to pay anyways. Similarly, if you have a reusable coupon for a free item in a store it doesn't mean you can just walk out with one - even if unintentionally. The fare is not free unless you have touched on and they've deemed it to be free (Though I would argue that you hadn't actually boarded a train yet..)

        I had a colleague was standing on the train and bumped the emergency button a tonne of times and got fined for it. He just wrote them a letter explaining that it was an accident and apparently the fine was waived. I suggest you write a letter and explain the situation politely. You had to touch on after getting the fine right? I assume/hope your go card is registered online otherwise you wouldn't have much of a case. It also might not hurt to mention that you were fined without having even boarded the train at which point you wouldn't have even incurred a fare to evade in the first place. In which case it may have been more appropriate to either ask a person in this situation to leave or to "remind" them to touch on.

        Tl;dr - Try not to let this keep you feeling down, lady was just trying to do her job. I think they would probably let you off given the circumstances if you write a letter explaining this.

        • Krakon on 29/06/2015 - 13:08
          +1

          Thanks for your reply. I know that she might had been throug a lot when she talked to me even more because it was already past 10 o'clock, but I had myself some long and troublesome shifts and never treated my customers like that. In any case I had my go card with me at the time and she also wrote its number on the fine, and it's a concession card so even if it wasn't registered the day of expiring is the same as my tertiary card or student id expiring day so it's really hard that it wouldn't be mine. I wrote them today, and for further reference if anyone else happens to need it the adress that was given me is [email protected]

          And yes, I think the appropriate solution would be to ask me to touch the card even more because I was less then 2 meters far from the gates, and as soon as I realized what happened I asked her if I could do that to which request she promptly denied.

  • Logical on 28/06/2015 - 13:14

    Seeing it is a hefty fine and that you can prove you have a clear history of using your gocard daily, then I would not hesitate in appealing the fine.

  • imcold on 28/06/2015 - 13:40

    Just say the gate malfunction or operated in a faulty way and it let you thorough without you needing to swipe your card. And mention you get no benefit from not swiping your card as you already made the 9 travels.

    • Chik5555 on 28/06/2015 - 16:30

      I'd dare say there would be cameras that would disprove that

  • SeaSalty on 28/06/2015 - 15:13

    I've gotten fined before in Sydney for forgetting my school pass, back when I was in high school. Mail arrived at home and was given a fine of $50. The mail stated a few options you could take and one said you could make an appeal. So I made an appeal, sent a picture of my school pass and gave a valid reason. In the end, they withdrew the fine.

    Try making an appeal though never lived in Brisbane so I'm not sure…

    • Krakon on 28/06/2015 - 15:27

      They gave me a fine saying I can either make the whole payment or send them a letter with the fine filled in if I wanna go to court and 60 dollars and then they will send me a payment plan so I can finish paying the other 167 dollars

      • SeaSalty on 28/06/2015 - 16:13

        Based on what you said, it seems that they haven't given you an option to appeal. You could do some research, call the translink customer service number and ask if you could appeal.

        • Krakon on 28/06/2015 - 16:21

          Yeah they haven't. I'll try the customer service on Monday and see what they say.

  • DarkOz on 28/06/2015 - 17:44

    I don't think you have anything to worry about. Just find the right customer service number to call and tell them the story. If calling a few relevant numbers that you could possibly find doesn't work it looks like you need to appeal. You will win on appeal for certain but it'll be a waste of your time.

    1. You already tapped on. Not tapping off actually costs you more at the default fee which is the maximum fee.
    2. You already have reached the maximum journeys. No benefit in you evading the fare at all as all subsequent journeys are free.

    I dislike those Transit Inspectors a lot. They don't seem to catch the real criminals that JUMPS the gates. They could have done their job properly on you but they just couldn't be bothered to.

    EDIT: Did you get the identification of the inspector that fined you? Chuck up a stink and write a formal complaint to the department that he works for.

    • Krakon on 28/06/2015 - 19:13

      I didn't happen to get her name, I was dumbstruck by the whole situation of getting the fine and being totally ignored.

      • Tal_Shiar on 28/06/2015 - 23:15

        Is it on any of the paperwork/invoices you've been sent?

        • Krakon on 29/06/2015 - 11:38

          I checked and the only thing on it is an Id number which I guess belongs to her

    • sobes on 29/06/2015 - 19:36

      Would love to hear what you think the basis of the complaint against the inspector would be.

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