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Penalty Fare for not having enough Oyster PAYG credit on National Rail

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Haywain

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By letting you in, the reader does seem to indicate to a reasonable person that it is OK to make the journey.
By letting you in, the reader allows you to make a journey you have already paid for - within the zones covered by the Travelcard. It would be completely unreasonable to expect that the PAYG balance should be relevant to allowing entry at a station covered by a prepaid Travelcard. However, it is the responsibility of the user to ensure that if they travel beyond the area covered the PAYG balance is sufficient to cover that journey.
 
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paddington

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When the passenger touches in and out for a journey TfL registers this fact and pays the required amount to the TOC. If the passenger doesn't have enough money on their card such that the balance goes negative on touch out, the TOC still gets their money. The 'debt' (deposit notwithstanding) is between the passenger and TfL.

TOC RPIs are supposed to protect revenue for their employers. If a touch out will cause the revenue to be transferred to the TOC then it should be allowed as no loss to the TOC will occur.

How is the revenue allocated on incomplete journeys?

I note that as the OP had a travelcard valid at their starting station, no PAYG credit was deducted. I can understand the RPI's point of view that the penalty fare covered the journey so no touch out was needed (this would have caused the OP to pay extra unnecessarily).


By letting you in, the reader allows you to make a journey you have already paid for - within the zones covered by the Travelcard. It would be completely unreasonable to expect that the PAYG balance should be relevant to allowing entry at a station covered by a prepaid Travelcard. However, it is the responsibility of the user to ensure that if they travel beyond the area covered the PAYG balance is sufficient to cover that journey.

Yes, as you only need enough PAYG to travel to the next station, for the barriers to let you in even though you could travel a lot further (in some cases exceeding the deposit you paid for your oyster - and zero deposit / £3 deposit oysters still exist though not sure if they still work)
 

Ralph Ayres

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The system is designed to do exactly what you planned so it's rather poor for a TOC to say it's not allowed. Given that the price of the additional fare for the extra zone is not exactly obvious to the average passenger and you had some money on your card, I would say you have good grounds for appealing.
 

Haywain

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Yes, as you only need enough PAYG to travel to the next station, for the barriers to let you in
No, you don't need any PAYG. If you have a Travelcard loaded on the card, and are touching in within the zones covered you do not, and should not, require any PAYG balance on the card to be allowed to enter.
 

PeterC

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Thinking a little about this there are a couple of factors that I am curious about:
1. Did the OP touch in within the validity of the travelcard?
2. How much information can the RPI actually see about the card? Is it sufficient to make a properly informed decision or is the machine effectively just "flashing a red light" to say it is invalid?
 

yorkie

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I note that as the OP had a travelcard valid at their starting station, no PAYG credit was deducted. I can understand the RPI's point of view that the penalty fare covered the journey so no touch out was needed (this would have caused the OP to pay extra unnecessarily).
If a charge had been made at the destination station it would have been for the journey actually made; this would not have resulted in having to pay extra. On the contrary, it would have rendered the Penalty Fare invalid and would have therefore resulted in the OP paying less than the Penalty fare that they now face.

That will almost certainly be why the RPI was so keen for the OP not to touch out!

I'm not disagreeing with you that it's morally unjustifiable! Nevertheless I see little point in fighting it - it will only make this mistake more expensive. I suggest, as others also have suggested, that you switch on auto top-up to prevent this from occuring again.
I agree there is probably no point fighting it as the OP did not find a way to touch out and it's too late now, but a PF can still be contested after it has been paid so it would not make it more expensive to do so.
 

ForTheLoveOf

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I agree there is probably no point fighting it as the OP did not find a way to touch out and it's too late now, but a PF can still be contested after it has been paid so it would not make it more expensive to do so.
It can be contested, however there is always the risk that the TOC don't fancy fighting it, and instead withdraw and repay the PF and go for a slam-dunk Byelaw 18 prosecution. That would, of course, be more expensive unless the OP managed to obtain an absolute discharge, which seems unlikely.
 

CNash

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It can be contested, however there is always the risk that the TOC don't fancy fighting it, and instead withdraw and repay the PF and go for a slam-dunk Byelaw 18 prosecution. That would, of course, be more expensive unless the OP managed to obtain an absolute discharge, which seems unlikely.

I didn't think the TOCs could do that. Surely once I've paid the PF the matter's settled and they can't retroactively decide not to accept the payment?
 

furlong

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However, I am slightly surprised that others are suggesting appealing the matter - surely this is only likely to lead to the TOC withdrawing the PF and then prosecuting the OP

Withdrawing a PF and prosecuting instead is not a decision that the TOCs should take lightly as the courts might deem it an abuse of process. It might be acceptable, for example, if new evidence emerged that was not available to the TOC at the time the PF was issued which would have led to a different decision (e.g. say CCTV shows the passenger lied about where they joined the train), or, even perhaps, if there was a policy to prosecute in the particular circumstances encountered and that policy was mistakenly breached by the individual who disposed of the matter by way of a PF.
 

furlong

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I didn't think the TOCs could do that. Surely once I've paid the PF the matter's settled and they can't retroactively decide not to accept the payment?
If they tried, you could try to argue it was an 'abuse of process' as you accepted the penalty and there is a defined appeals process to be followed - people can't be punished twice or have one resolution replaced with another of higher severity unless there are exceptional circumstances (making the original decision to issue the PF flawed).

Rightly or wrongly, the TOCs do seem to do this routinely in cases where the offender doesn't pay. (I'm guessing they might argue here that the PF has not genuinely been accepted as a resolution so they are free to change their minds and pursue an alternative.)
 

transmanche

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Nevertheless, the RPI acted - at best - in a poor manner. That is not a surprise to me.
IIRC, Southeastern have form in this area.

Back in the day when the TOCs insisted you had to purchase an Oyster Extension Permit (OEP) before making a journey outside of your Travelcard zones, Southeastern RPIs were well known for 'goal-hanging' by the gatelines and issuing PFs to people without an OEP and irrespective of the amount of PAYG credit on the card.

Whereas had they simply let them touch out, the Oyster system would have just charged them the correct amount of the OEP.
 

transmanche

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and zero deposit / £3 deposit oysters still exist though not sure if they still work)
I still have a zero deposit Oyster.

I got my first Oyster card back in 2004 when no deposit was required for if you held a monthly or longer Travelcard. Although the card itself has been replaced since then, I've never been asked to pay a deposit. (Although it is on auto top-up.)
 

island

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It can be contested, however there is always the risk that the TOC don't fancy fighting it, and instead withdraw and repay the PF and go for a slam-dunk Byelaw 18 prosecution. That would, of course, be more expensive unless the OP managed to obtain an absolute discharge, which seems unlikely.
A Byelaw 18 prosecution would be anything but “slam-dunk”. The OP had a valid ticket when boarding at Cannon Street and presented his ticket for inspection when asked.
 

MikeWh

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Firstly, I was already on the train by the time I'd decided to go to Belvedere. Usually I go to/from Abbey Wood. Secondly, I was relying on the Oyster system's allowing me to go into a negative balance on my card - which, as I've said, would have been completely fine had the revenue block not been there.
And this is supposedly one of the benefits of Oyster (as described by TfL). No need to worry what journeys you might make in advance, the system will ensure that you are charged the correct fares (or a cap) for the journeys you actually make.
 

island

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If they tried, you could try to argue it was an 'abuse of process' as you accepted the penalty and there is a defined appeals process to be followed - people can't be punished twice or have one resolution replaced with another of higher severity unless there are exceptional circumstances (making the original decision to issue the PF flawed).
It is within the rights of a TOC that has issued a penalty fare to cancel the penalty fare (refunding any payments made) and prosecute instead.
 

MikeWh

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How is the revenue allocated on incomplete journeys?
I don't know exactly. It's possible that some note might be made of services available at the station where a touch was made, or it might just go into a pool.
 

matt_world2004

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A Byelaw 18 prosecution would be anything but “slam-dunk”. The OP had a valid ticket when boarding at Cannon Street and presented his ticket for inspection when asked.

I believe a validated oyster card is classed as a valid ticket throughour the oyster area regardless of credit levels.

I have a theory as to why this happened though. Some national rail oyster readers cannot see touchs ins on the oyster card.the RPI looks for the maximum fare charge as the last transaction. The maximum fare is then refunded minus the deduction for the zonal fare when the customer touches out

If someone touches in with a season ticket no max fare charge
 

MikeWh

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I believe a validated oyster card is classed as a valid ticket throughour the oyster area regardless of credit levels.

I have a theory as to why this happened though. Some national rail oyster readers cannot see touchs ins on the oyster card.the RPI looks for the maximum fare charge as the last transaction. The maximum fare is then refunded minus the deduction for the zonal fare when the customer touches out

If someone touches in with a season ticket no max fare charge
This was the plan when the OEP was (silently) introduced in 2010. Abuse of the OEP by Southeastern led to it's withdrawl so they now have to look at touches instead.
 

PeterC

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I believe a validated oyster card is classed as a valid ticket throughour the oyster area regardless of credit levels.

I have a theory as to why this happened though. Some national rail oyster readers cannot see touchs ins on the oyster card.the RPI looks for the maximum fare charge as the last transaction. The maximum fare is then refunded minus the deduction for the zonal fare when the customer touches out

If someone touches in with a season ticket no max fare charge
That would mean a PF even if there was sufficient credit if it didn't couldn't see the tocuh in.
 

Haywain

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Some national rail oyster readers cannot see touchs ins on the oyster card.the RPI looks for the maximum fare charge as the last transaction.
I believe that they would see that there was a Travelcard loaded on the Oyster card though, and they would presumably be aware of which train the OP left and therefore the direction of travel.
 

jkdd77

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I don't have the knowledge to comment on whether there is, or might be, a viable defence to the underlying offence, so will refrain from commenting on this.

I'm not aware of any cases where a TOC has attempted to cancel a PF and prosecute *solely* for having appealing against the PF, provided that the PF was paid in full by the deadline.

For what's it's worth, I think that to cancel a fully paid PF and proceed to prosecution *solely* for exercising a statutory right, in this case, the statutory right to appeal against a PF, would indeed be an abuse of process, in that it effectively obviates, or renders ineffective, a statutory right granted by Parliament, contrary to the clear intention of Parliament (and the Government) that passengers issued with a PF should have a meaningful right to appeal.

Furthermore, a PF is a fare charged for travel, albeit one at a higher rate than normal, and payment of a fare represents consideration by the passenger for a contract to travel. This being the case, there might also be an additional argument that by choosing to issue a PF rather than proceeding to prosecution, and by accepting full payment of the PF, there is an implied term in the resulting contract for travel (albeit a contact for travel at much a higher fare than normal) cannot then subsequently be unilaterally repudiated by the TOC in the absence of any misrepresentation by the passenger.

It would be a very different matter if the PF was not (or did not remain) fully paid by the person to whom it was issued (so the contract for travel was not accepted), or if new evidence came to light suggesting that the passenger had deceived the RPI or TOC in some way, causing the RPI to come to a decision to issue the PF based on this deception (so the contract is void, or voidable, for misrepresentation).
 

RJ

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Would the Oyster definitely have gone into a negative balance with just £1 of credit on there?
 

Tetchytyke

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It is within the rights of a TOC that has issued a penalty fare to cancel the penalty fare (refunding any payments made) and prosecute instead.

But only where new evidence comes to light to indicate that a more serious offence has taken place, e.g. a deliberate fraud.

They can't cancel a PF and then prosecute you for non-payment, for the simple reason that you have paid.
 

CNash

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So what could my next step be? I'm honestly not fussed about the £20 at the end of the day, but the principle that the Oyster system works in a certain way (allowing negative balances) and for TOCs to arbitrarily not allow this to happen - not to mention the ordinary lack of enforcement - is something I'd like to draw attention to. Should I talk to Southeastern, TfL, London TravelWatch... all of them?
 

causton

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So what could my next step be? I'm honestly not fussed about the £20 at the end of the day, but the principle that the Oyster system works in a certain way (allowing negative balances) and for TOCs to arbitrarily not allow this to happen - not to mention the ordinary lack of enforcement - is something I'd like to draw attention to. Should I talk to Southeastern, TfL, London TravelWatch... all of them?

The way they did it before was to make you have a certain amount of credit on your card and have to go to a TVM to get an Oyster Extension Permit to allow you to travel outside of your zones. Hopefully you don't want them to bring that back - as it was easier to understand maybe but definitely an inconvenience!

I would try contacting Southeastern first. If you are unhappy with their response you can escalate it to TravelWatch but they will not deal with it without you giving Southeastern a chance to respond, I don't think.
 

transmanche

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So what could my next step be? I'm honestly not fussed about the £20 at the end of the day, but the principle that the Oyster system works in a certain way (allowing negative balances)
I don't think that allowing negative balances is meant to be a 'feature' of the Oyster system. It's merely a way of making it easy to resolve an accidental negative balance scenario. Splitting hairs maybe, but it may become an important distinction down the line.

and for TOCs to arbitrarily not allow this to happen
One could argue that it's their trains, so their rules. However, it does seem a puzzling distinction between the rules on TfL services and the rules on TOC service when making a journey such as you described. The rules for both networks say that you must touch in at your origin station and touch out at your destination station. But only the TOC insist that you must have sufficient PAYG go credit before starting the journey.

As discussed upthread, there does not appear to be any revenue risk to the TOC should you touch-in and touch-out correctly. I can only assume that as most TOC stations are ungated, they are concerned that you may not touch out at all.

Should I talk to Southeastern, TfL, London TravelWatch... all of them?
Personally I would pay the PF and then appeal. In the appeal, I would highlight the subtle difference between the TfL rules and the TOC rules and its practical effects. I would question the need for the TOC insistence on having sufficient PAYG go credit before starting the journey when, as you state negative balances can be resolved quickly and easily. I'd also highlight that had the RPI let you touch out, the correct fare would have been charged anyway. And in questioning the need for this additional rule, I would say it merely seems to be a way of catching out honest passengers and raising revenue for the TOC.

Then (and this in my mind is the killer point) I'd raise the issue of people who used auto top-up or topped-up en-route using the Oyster app. If you had used auto top-up, then on your specific journey the top-up would have been triggered as you touched-out at Belvedere. Immediately after touching out, the card would show a positive balance. But when the RPI checked your card (before touching out) it would have shown a negative balance. It would be inequitable to allow a passenger to be PF'd in such a scenario. A similar situation would occur if you had topped up en-route using the Oyster app.

Regardless of the outcome of the PF appeal, I would raise these issues with Southeastern and TfL. Then following Southeastern's reply, escalate t London Travelwatch. You may also want to consider contacting your GLA assembly member to raise the issue.
 

Hadders

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Auto top-up's a bit of a red herring as it auto top-ups when the balance goes below £10 so your not going to be in a negative position.
 

Be3G

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I've read this thread with interest. It never occurred to me that people might make a journey in full knowledge that their Oyster card would take them in to a negative balance. At its most extreme, that means that someone could think it's OK to touch in at Amersham with £1.70, make a peak-time journey to Dartford, go in to debt by £7.70 and then top up with the remaining balance afterwards.

It has never been publicised that such a facility might be possible anywhere on the Oyster network other than on buses, so it is my personal opinion that this is simply one of those cases where people are regularly bending the rules (with minimal financial loss to TfL/the TOCs, I accept) so the rule-bending has seemed to become the status quo. A bit like when Oyster travelcards were first introduced and people kept complaining that their new-fangled travelcards weren't working properly… the reason was because they were now being penalised for the fact they'd been purchasing insufficient zonal coverage, which hadn't been detected when they were buying paper tickets.

So whilst I accept that the lack of consistency between NR and TfL is a bit frustrating, I'd say that lack of consistency only really appears if trying to do something for which permission has never really been explicitly given in the first place.
 
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