Dear Sir / Madam,
I am hereby submitting an third stage appeal under Regulation 18 of The Railways (Penalty Fares) Regulations 2018 against Penalty Fare no. XXXXXXX on the following two grounds.
(1) The Appeals Panel has previously accepted, in response to my second stage appeal under Regulation 17, that the Penalty Fare was issued for an incorrect amount, as it was not issued for the amount which Regulation 9(1) prescribes.
This means that the Appeals Panel was satisfied that a ground for appeal under Regulation 16(3)(a) applied - being that the Penalty Fare was not charged in accordance with the requirements of the Regulations.
The Appeals Panel was not permitted to attempt to vary the Penalty Fare after it had been issued, and neither is it within the remit of the Final Appeal Panel to do so; Regulation 18(4), analogous to Regulation 17(4) for the second stage appeal, is explicitly clear that:
"If the relevant Final Appeal Panel, after considering an appeal under this regulation, concludes that any ground specified in regulation 16(3) applies, it must, subject to paragraph (7), allow the appeal."
Accordingly, I am not liable to pay the Penalty Fare, as it is clear that a ground for appeal under Regulation 16(3)(a) exists.
(2) Furthermore, paragraph 6 of Schedule 2 of the Regulations required the Appeals Panel, in respect of my first stage appeal under Regulation 16, to:
"decide whether to allow or not allow the appeal before the end of the period of 21 days beginning with the day on which the appeal is received."
The Appeals Panel failed to do so; I submitted my appeal on 01/04/2019 but the Appeals Panel only made its decision about my appeal on 04/05/2019. This is substantially longer than the permitted period of 21 days.
Whilst the Appeals Panel gave an interim response stating that my appeal was "awaiting assessment", there is no provision in the Regulations for the time period of 21 days (for the Appeals Panel to respond) to be extended for any reason.
Regulation 16(11)(b) provides that:
"Where the relevant Appeal Panel [...] fails to adhere to the time period specified in paragraph 6 of Schedule 2, the appellant is not liable to pay the penalty fare in question."
Accordingly, I am not liable to pay the Penalty Fare, due to the provisions of Regulation 16(11)(b).
I await your appeal response confirming that my appeal has been upheld.
Yours faithfully,
@king100011