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GWR - Penalty Fair Notice - Reading to Theale on a London 1-6 to Basingstoke Season Ticket

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gray1404

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I would certainly pay then appeal on this one. I really would do that if it was me. When the lady was writing you up it is clear she didn't want to engage with you either as to why the ticket wasn't valid, that is not good. So yes, I would pay the PF so that it closes the matter from the TOCs perspective then lodge an appeal on the basis the PF rules were not adhered to as it was issued from the wrong station.
 
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ForTheLoveOf

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When the lady was writing you up it is clear she didn't want to engage with you either as to why the ticket wasn't valid, that is not good
If there is anything to complain about, I don't think this is it: after all, it is fairly obvious to even the layman why a ticket to Basingstoke is not valid to Theale. Obviously it's a different situation if the ticket were to Theale "AAA Basingstoke", and the ticket was being checked between Reading and Basingstoke.
 

gray1404

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I agree. I never said that was basis for appealing. But it would have been helpful if she had taken the time to explain.

There is basis for appealing though, as previously stated, and I think the OP should pay and appeal.
 

furlong

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A season ticket from Theale to London Zones 1-6 route "AAA Basingstoke" may be just what you are after: it is valid either from Theale or from Basingtoke

So where is AAA defined contractually? It would be identical in validity to a hypothetical 'Basingstoke to London Zones 1-6 route AAA Theale" wouldn't it? Those are just two different ways of writing the same ticket. In other words, the railway considers alternative ticket origins as alternative routes. So there's a possible argument that this was - in effect - merely a change of route and NRCoT 13,2 should have been applied.
 

ForTheLoveOf

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So where is AAA defined contractually? It would be identical in validity to a hypothetical 'Basingstoke to London Zones 1-6 route AAA Theale" wouldn't it? Those are just two different ways of writing the same ticket. In other words, the railway considers alternative ticket origins as alternative routes. So there's a possible argument that this was - in effect - merely a change of route and NRCoT 13,2 should have been applied.
Hmm, an interesting take. I suppose if even a Byelaws conviction were imperative to avoid, that could be an argument to be made!
 

furlong

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Hmm, an interesting take. I suppose if even a Byelaws conviction were imperative to avoid, that could be an argument to be made!
Which byelaw do you have in mind? Not 18 - had valid ticket on entering train; showed season ticket. (That's why I mentioned RORA.)
 

Sebastian O

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Sorry unless I’m being thick - why should the OP appeal? On a technicality?

OP travelled beyond his ticket validity. End of story!
 

Ambient Sheep

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Yup. If I were him I'd just pay the £20 and be grateful that I wasn't being PF'd all the way from Paddington.

(It may even be that the inspector was showing him some unofficial kindness & leniency, their reward for which is now to get appealed against for incompetence.)
 

ForTheLoveOf

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Which byelaw do you have in mind? Not 18 - had valid ticket on entering train; showed season ticket. (That's why I mentioned RORA.)
Good point - it seems to be a 'loophole' in Byelaw 18 that if you enter the train with a valid ticket, and present a ticket for inspection - even if it is not valid at the point of inspection - then you are not guilty of any offence. Could intent even be proven for RoRA? I think an RCCA offence of knowingly overtravelling might actually be the most appropriate. Certainly not an easy one for a prosecutor!
 

ForTheLoveOf

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why should the OP appeal? On a technicality?
The Penalty Fares Regulations don't require approximate compliance with the spirit of the rules. They require exact compliance, as they set out a statutory civil scheme for an otherwise unenforceable scheme of penalties against passengers. Strict checks and balances, and rules, have to be put in place - and enforced - to ensure that Penalty Fares are applied correctly in all circumstances.

The fact that the Penalty Fare is issued from the wrong origin is more than a technicality. It is a major defect. It is not just like some signage having the wrong wording, which I will freely admit is a technicality (but which can nevertheless constitute a valid ground of appeal).

OP travelled beyond his ticket validity. End of story!
They did travel beyond their ticket's validity, but there is an argument to say, as above, that they should have been able to excess their ticket to a Theale to London Zones 1-6 "AAA Basingstoke" ticket as a form of a change of route excess. That is then not quite so straightforward.
 

ForTheLoveOf

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Yup. If I were him I'd just pay the £20 and be grateful that I wasn't being PF'd all the way from Paddington.

(It may even be that the inspector was showing him some unofficial kindness & leniency, their reward for which is now to get appealed against for incompetence.)
Leniency would surely have meant charging only the ordinary fare from Reading West?

I agree that appealing is not entirely risk-free but as has been pointed out, the Penalty Fares Regulations are surprisingly strict about estopping prosecution if an appeal succeeds.
 

Sebastian O

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The Penalty Fares Regulations don't require approximate compliance with the spirit of the rules. They require exact compliance, as they set out a statutory scheme for penalising passengers where this would normally not be enforceable, and thus strict checks and balances have to be put in place - and enforced - to ensure that Penalty Fares are applied correctly in all circumstances.

The fact that the Penalty Fare is issued from the wrong origin is more than a technicality. It is a major defect. It is not just like some signage having the wrong wording, which I will freely admit is a technicality (but which can nevertheless constitute a valid ground of appeal).


They did travel beyond their ticket's validity, but there is an argument to say, as above, that they should have been able to excess their ticket to a Theale to London Zones 1-6 "AAA Basingstoke" ticket as a form of a change of route excess. That is then not quite so straightforward.

Well you could argue it the other way that they should have been PF’d from Paddington.

Pity our society is moving in more of a direction of ‘I know my rights’ rather than ‘I know my responsibilities’!
 

ForTheLoveOf

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Well you could argue it the other way that they should have been PF’d from Paddington
Perhaps they should have been, but there is never an obligation to issue a Penalty Fare. It is always down to the individual Authorised Collector. If they, in their infinite wisdom, decide to issue the Penalty Fare from a station different to the passenger's actual origin - the passenger having correctly declared their actual origin - that is on them. In the same way that the Penalty Fares Scheme gives not a jot about your intent to avoid any fare, the rules give not a jot about whether a defect in a Penalty Fare is intentional or not.

Pity our society is moving in more of a direction of ‘I know my rights’ rather than ‘I know my responsibilities’!
Ultimately this section of the forum is here to assist those who have had post-travel problems. OP is one of those, and so investigating possible defences or grounds of appeal is exactly what we are here for. You could call us the equivalent of the infamous "Mr Loophole" solicitor, but at the end of the day the Penalty Fares Regulations set out limitations for a reason and breaching them must have some consequence.

The situation the OP finds themselves in could be said to be the fault of the rail industry in the first place - because they don't provide one single tool you can use to conclusively say what routes a ticket is valid for, and because it's impossible to rely on the advice given by ticket offices or other staff members as being accurate, because it often won't be.

It's also not exactly as if GWR and the other TOCs don't have enough on their plate to sort out, regarding knowing and honouring their own responsibilities, e.g. with respect to compensation and respecting ticket holders' contractual rights!
 

swt_passenger

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Well you could argue it the other way that they should have been PF’d from Paddington.
If that had happened we’d probably now be a few pages into a discussion about how there was a valid ticket available as far as Reading or Reading West.

There needs to be a review of the apparent requirement for a PF to be issued from the starting station even if the passenger had a valid ticket at that point. Surely a PF from the point the passenger first became ‘ticketless’ would be fairer?

However, getting back to the bit about “AAA at”, hasn’t it been said before that you cannot excess a season? You just have to buy the relevant single fare to go to a different destination than allowed?
 

Kite159

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Pay the £20 penalty fare as you were caught without a valid ticket.

Unless you fancy a day out in court in front of a judge trying to argue that you shouldn't pay your fare from Reading to Theale when everybody else has to pay the correct fare...


It's threads like this which annoy me the most, you did the crime and you get bedroom lawyers trying to argue why you shouldn't pay for your crime of travelling without a valid ticket.
 

ForTheLoveOf

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Pay the £20 penalty fare as you were caught without a valid ticket.

Unless you fancy a day out in court in front of a judge trying to argue that you shouldn't pay your fare from Reading to Theale when everybody else has to pay the correct fare...


It's threads like this which annoy me the most, you did the crime and you get bedroom lawyers trying to argue why you shouldn't pay for your crime of travelling without a valid ticket.
Ah, the crime of misunderstanding the railway's complex rules? A severe crime which has deeply affected its victim and caused years worth of psychological damage. Oh wait, no, we're talking about it hurting the profits of a private company by the tune of a few pounds. Can't have that happening, can we!

On a more serious note, this subforum is for helping people and holding TOCs to account. In this instance the OP was in the wrong with regard to their ticket, but on the other hand the TOC was in the wrong in the way they issued their Penalty Fare - in fact there was no way they could not have been wrong, in such a situation. They either have to deal with it by way of prosecution, or charge the undiscounted Anytime fare. A Penalty Fare is not an appropriate disposal of a ticketing irregularity such as this.

And a trip to Court is not on the cards, provided the OP pays and appeals within the specified timeframe. There would be no reason for GWR to withdraw a Penalty Fare initially just for an appeal, unless they received information to suggest that the Penalty Fare was incorrect for whatever reason. If they're not quick enough in linking together the dots, they will be estopped from taking the matter to Court.
 

furlong

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There needs to be a review of the apparent requirement for a PF to be issued from the starting station even if the passenger had a valid ticket at that point. Surely a PF from the point the passenger first became ‘ticketless’ would be fairer?

If the DfT had allowed for public input and offered public review of its drafts instead of doing everything in secret, perhaps that might already have been the case. But the rules are as they are.

hasn’t it been said before that you cannot excess a season? You just have to buy the relevant single fare to go to a different destination than allowed?
The NRCoT might sometimes entitle you to something it calls an excess. How that is implemented is a separate matter - it might even be a season ticket changeover.

Put on a "customer service" hat and isn't that what should have happened here? The passenger had bought the wrong ticket because they had misunderstood the ridiculously complicated fare rules. So they should have been asked to pay the difference to convert their ticket on the spot to the one that they ought to have bought and which would have met their needs. This would have been retrospective if the passenger had already been travelling like this. No need for a penalty. Everyone wins.
 

Kite159

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Ah, the crime of misunderstanding the railway's complex rules? A severe crime which has deeply affected its victim and caused years worth of psychological damage. Oh wait, no, we're talking about it hurting the profits of a private company by the tune of a few pounds. Can't have that happening, can we!

On a more serious note, this subforum is for helping people and holding TOCs to account. In this instance the OP was in the wrong with regard to their ticket, but on the other hand the TOC was in the wrong in the way they issued their Penalty Fare - in fact there was no way they could not have been wrong, in such a situation. They either have to deal with it by way of prosecution, or charge the undiscounted Anytime fare. A Penalty Fare is not an appropriate disposal of a ticketing irregularity such as this.

No the crime of travelling without a valid ticket, where do you draw the line for the cost to the other rail users who pay for their tickets?

You seem to be the sort who will try and help out serial fare dodgers such as that gentleman who travelled into London everyday from Stonegate on grounds that "it's only a few quid you dodged, ah the station you started from didn't have a TVM on the platform you travelled from even when you walked past a working TVM by the way into the station"
 

swt_passenger

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The NRCoT might sometimes entitle you to something it calls an excess. How that is implemented is a separate matter - it might even be a season ticket changeover.

Put on a "customer service" hat and isn't that what should have happened here? The passenger had bought the wrong ticket because they had misunderstood the ridiculously complicated fare rules. So they should have been asked to pay the difference to convert their ticket on the spot to the one that they ought to have bought and which would have met their needs. This would have been retrospective if the passenger had already been travelling like this. No need for a penalty. Everyone wins.
What I’m thinking is that in the more general case someone might want to excess their season just the once. A changeover wouldn’t necessarily be the best solution to that situation.
 

furlong

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If you search online for a travelcard season from Basingstoke does it tell you that by paying a little more you can give yourself the option of travelling from Theale?
 

furlong

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What I’m thinking is that in the more general case someone might want to excess their season just the once.
But in this forum we talk about specific cases. The OP tried to find a way to get a ticket allowing travel from both Basingstoke and Theale yet found the wrong answer. Why does the rail industry introduce products that meet demands like this then make it so difficult for people to discover they are available to buy?
 

ForTheLoveOf

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No the crime of travelling without a valid ticket, where do you draw the line for the cost to the other rail users who pay for their tickets?

You seem to be the sort who will try and help out serial fare dodgers such as that gentleman who travelled into London everyday from Stonegate on grounds that "it's only a few quid you dodged, ah the station you started from didn't have a TVM on the platform you travelled from even when you walked past a working TVM by the way into the station"
It's about the rules being followed. The TOCs expect it of passengers, so it's only fair to expect the TOCs to play by the rules too. It's the same reason that even someone who admits to a heinous crime should have, or will otherwise be appointed, a solicitor - to make sure the procedures are followed properly.

This is also not a case of dodging by any definition of the word. It was a misunderstanding of the railway's own needlessly complex system for calculating validity. One that, as furlong has said, ought to have been resolved by way of a change of route excess.

I don't think you would say the same thing if the OP had committed the heinous crime of travelling via London on a not via London ticket, so why is this any difference?

Not to mention, there is no cost to other passengers. The only outcome of an increased level of fare evasion (which this isn't even) is a reduction in the franchise holder's profit. The fares used by most commuters are regulated and increase only by inflation (albeit a wrong measure of inflation); I hardly think GWR are likely to increase unregulated fares more because they're not reaching their revenue protection targets. That conclusion simply doesn't follow.
 

ForTheLoveOf

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Be careful here - it sounds like the OP did evade a fare. And I'd still suggest just paying up what's asked and writing it off to experience.
Evade suggests intent. A misunderstanding of the rules isn't an intent IMO!
 

30907

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If you search online for a travelcard season from Basingstoke does it tell you that by paying a little more you can give yourself the option of travelling from Theale?
No, but if you search for Theale, it does (and AAA Pangbourne to boot). You don't have to try and find a loophole or dabble with the Routing Guide.

BTW you cannot do a change of route excess on a Season. You can pay the off route fare, or do a changeover.
 

K.o.R

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What does the "AAA" bit in those routes mean? "Also Available At"?
 
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