AN Essex commuter fined almost £70 for standing in a first-class compartment on an overcrowded train today said she had no choice but to pay up after losing her appeal.

Nichola Myhill got the fine from inspectors for sitting in a luggage rack in the first-class compartment after being faced with standing for the 60-minute journey from London Liverpool Street to Colchester.

The £69 on-the-spot fine is almost double her daily ticket fee, and Miss Myhill, of Fingringhoe, appealed against the fine, but lost her appeal after it was upheld by the Independent Appeals Service.

The ruling came through while Miss Myhill, a graphic designer who works on the Strand in London, was on holiday in America, and she had no choice but to let her dad pay it.

She said today: "He had to because I only had two days to pay it and I was away on holiday. I do not want a criminal record, I was facing all sorts of action if I did not pay.

"I am still waiting for a reply from National Express about the way I was treated. I complained straight after this happened on April 10, and I have heard nothing so far."

"I pay £46 a day for my ticket, and it does not seem too much to ask to be able to sit down and get on the train when I want," she added.

A spokesman for the company said it was investigating and would come back to Miss Myhill as soon as possible. She confirmed the firm had responded to a letter from North Essex MP Bernard Jenkin.