This is the full wording of the letter.
I understand you are unhappy with the outcome of your second appeal and would advise that where a final case review is requested, the paperwork is passed to the Independent Appeals Panel and the appeal is judged again from the beginning.
The IAP considers an appeal in two stages. Firstly, the panel examine the issuing of the penalty fare to ensure that it complies with the Railways (PenaltyFares) Regulations 2018 and that the correct procedure was followed by the Train Operating Company and subsequently at the first two appeal stages. The panel then determine whether there are compelling reasons presented in the appeal which would justify upholdig the appeal in accordance with s16(3)d of the Regulations.
You were issued with a penalty fare having been found to be travelling without a valid ticket for that section of your journey. As such you were in breach of the National Rail Conditions of Travel. The issuing of a PF in these circumstances was appropriate. Your appeal then rests on your claim that the PF has been calculated incorrectly thus rendering the PF in breach of the Regulations and should be quashed.
Enquiries by the panel have found the calculation to be correct. The Regulations quoted by you in your third appeal refer to the "full single fare applicable". This is an undiscounted fare. Section 1.3 of the acompanying Penalty Fares Guidelines 2018 go further and state The amount of any Penalty Fare is £20.00 or twice the cost of an undiscounted full Single, applicable to the person travelling, from the station you started your train journey to the next station served by the train, whichever is greater. Although your comments about the penalty fare calculation have been noted, the value of a National Rail penalty fare is set by the government, not by the rail operator.
The panel therefore conclude that the issuing of the PF was correct and the Regulations followed. The panel have then considered whether other compelling reasons are present in this case upon which to uphold the appeal despite the PF being appropriate at the outset. The panel do not find any mitigating circumstances which would justify upholding the appeal and it is therefore denied we regret to advise that your appeal has been unsuccessful and that this concludes the appeal process.
The procedures laid down by the Government have been followed during the assessment of this appeal. Although I acknowledge your disappointment with the outcome, I hope the information provided will help you to appreciate our position and the need to adhere to set processes.
There is no higher tier of appeal than the Independent Appeals Panel, but if you believe there has been a failure to process your appeal correctly, you may wish to refer your case in writing to:- London TravelWatch, Europoint, 5-11 Lavington Street, London, SE1 0NZ; via the web at
www.londontravelwatch.org.uk; or by e-mailing
[email protected].
London TravelWatch (LTW) is an independent statutory body set up by Parliament to consider complaints and suggestions from rail users, and make recommendations about services. Should you choose to contact them, you will be advised by LTW whether further representation will be made on your behalf with regard to your case.
Meanwhile, I regret to advise that no more correspondence will be entered into by PSL or the Independent Appeals Panel unless it is requested by LTW as part of a procedural matter.