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TFL Rail Penalty Charge Notice - Appeal rejected

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Amair Naeem

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15 Aug 2019
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London
So, I had a penalty charge notice due to sufficient funds. I had a travel card from zone 2-4 and was travelling from london liverpool street to ilford. Carelessly forgetting I was in zone 1, i tapped out my oyster from liverpool street and it was obviously declined. Therefore, a member of staff told me I need to top up, i then topped up a minor amount about £3.00 but it was on negative before and now went to positive and my oyster was declined once again. The staff member asked me if my oyster was on negative, and it wasn’t so it’s what i told him. The staff member kindly just let me through the barriers via his pass and then these inspectors on the train came from nowhere.

The inspector just wasn’t listening to my side of the argument, so i couldn’t be bothered wasting energy on him. Anyways this is what i wrote in the appeal that got rejected:


Hello

Please accept this email as an appeal to the penalty charge notice. I was travelling from London Liverpool street station to Ilford station. Having forgotten that my oyster was from zone 2-4 and Liverpool street was within zone 1, I tapped out my oyster in Liverpool street and to my surprise the oyster was not processing. I then approached a member of staff in the station, who told me that I need to top up further as Liverpool street is in Zone 1.

As you can see from my transaction history, I topped up a minor amount (£3.00) on my oyster. I only topped up a small amount as my oyster was in between Zone 2-4 and Ilford is within the zones. I then tried to tap out of my oyster again from London Liverpool street and it seemed to have declined once again. Having explained this to the same member of staff outside of the Liverpool street station, he let me through the barriers by tapping out his card. He ought to have believed that there may have been something wrong with my oyster, so had let me through the barriers.

For further proof of the transaction history, you can check my oyster log on the day the incident occurred (08/07/2019). Additionally, London liverpool street station are secured with cameras and security which can be further assessed by TFL if needs be.

Kind Regards,


This was there response:


Thank you for your correspondence concerning the above referenced Penalty Fare Notice issued by TfL Rail on Monday 08 July 2019.
The Appeals Service (AS) is not associated with TfL Rail. AS provide a service which gives the recipient of a Penalty Fare Notice the opportunity to dispute the issue. To ensure consistency, AS follow a Code of Practice compliant with the criteria set out in the Railways (Penalty Fares) Regulations 2018 when making assessments of Penalty Fare Notice appeals.
All transport companies operating a Penalty Fare scheme display warning notices which advise transport users of their obligations and the potential consequences in failing to meet these.
The transport user is required to show on request a valid ticket.
When travelling beyond the validity of a travelcard using an Oyster card to Pay As You Go (PAYG), the transport user must ensure that adequate credit to cover their travel requirements is loaded to their Oyster card prior to travel.
On assessment your appeal has been declined.
Payment of £40.00 must be received within 14 days of the date of this letter. Full payment options and information including, what will happen if you do not pay, are detailed with this response.
Any further correspondence in relation to Penalty Fare XR1038574 should be marked 2nd TfL Rail appeal and be received within 14 days of the above date at: Compliance, Policing & On-street Services, Transport for London, 9G4 Palestra, 197 Blackfriars Road, Southwark, London SE1 8NJ, or online at Please also ensure that you clearly state the Penalty Fare Notice number on any correspondence.
Finally, as an appeals service which is independent of TfL Rail we are unable to investigate complaints concerning TfL Rail service or staff conduct. Please therefore contact TfL Rail direct with your requests and concerns.
Yours sincerely

I want to fight this, because i just don’t think it’s fair. Please tell me how i should submit my second appeal?
 
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mikeg

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So the question is after the negative balance went positive did you have enough for your fare? I'm having a little difficulty following your argument.
If you didn't have sufficient credit I suspect the penalty fare was correctly charged but I'm no oyster expert.
 

londonboi198o5

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Can you clarify please for others to assist you. As it is hard to follow.

Had you made a journey from Ilford to Liverpool Street and was trying to exit the barriers at Liverpool Street. Or where you travelling FROM Liverpool Street to Ilford.
 

Hadders

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Senior Fares Advisor
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You didn't touch in at Liverpool Street which you were required to do as you were using PAYG between Liverpool Street and Zone 2 where your travelcard becomes valid.

If this was an 'honest' mistake then a Penalty Fare is an appropriate course of action. If TfL suspected you of doing this deliberately to avoid Paying your fare then they would be in their rights to prosecute.
 

Amair Naeem

Member
Joined
15 Aug 2019
Messages
5
Location
London
Can you clarify please for others to assist you. As it is hard to follow.

Had you made a journey from Ilford to Liverpool Street and was trying to exit the barriers at Liverpool Street. Or where you travelling FROM Liverpool Street to Ilford.

Yes my journey through ilford to liverpool street was successful
 

Amair Naeem

Member
Joined
15 Aug 2019
Messages
5
Location
London
So the question is after the negative balance went positive did you have enough for your fare? I'm having a little difficulty following your argument.
If you didn't have sufficient credit I suspect the penalty fare was correctly charged but I'm no oyster expert.
I am not sure if it was enough, the member of staff just asked if it was negative in which it was not so he must have assumed that it was enough.
 

londonboi198o5

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Best thing to do is pay it now while the penalty is low if you don’t pay it it will increase and this will not go away if you choose to ignore it.

At the end of the day when you passed through the barriers to board the train you were in a compulsory ticket area and did not hold a valid ticket so a penalty fare was issued correctly.

If I have read this correctly you traveled earlier from Ilford to Liverpool Street and touched out. The touch out has then made your Oyster card go into a negative so your £3 top up has cleared that negative and put the excess as payg credit but you must not have had enough payg to cover your z1 extension
 

Amair Naeem

Member
Joined
15 Aug 2019
Messages
5
Location
London
Best thing to do is pay it now while the penalty is low if you don’t pay it it will increase and this will not go away if you choose to ignore it.

At the end of the day when you passed through the barriers to board the train you were in a compulsory ticket area and did not hold a valid ticket so a penalty fare was issued correctly.

If I have read this correctly you traveled earlier from Ilford to Liverpool Street and touched out. The touch out has then made your Oyster card go into a negative so your £3 top up has cleared that negative and put the excess as payg credit but you must not have had enough payg to cover your z1 extension
Ok thanks
 

800002

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19 Jun 2019
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Purely as a logical thinker:-
When you topped up the £3.00, what did that make your ballance? You have the transaction history of your Oyster, I believe it should be on there.

Was the resultant ballance enough to pay for a single PAYG journey from Liverpool Stret to the Zone 1/2 Boundary?
 

MikeWh

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You will have needed £2.40 or more as a balance on your Oyster card to enter at Liverpool Street. This is the price of the zone 1 single fare which is the minimum you would need to pay.
 

furlong

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The key sentence appears to be "Having explained this to the same member of staff outside of the Liverpool street station, he let me through the barriers by tapping out his card. " and if that amounted to authority to travel on the understanding you would do a further top up later (or even allowing you to make the journey free of charge). Otherwise why would he have opened the barriers rather than checking your Oyster card himself or sending you back to the machines? By allowing you to travel without tapping in, how was he expecting any payment for the journey to be made? You get 3 appeals, so you can use them all if you can reformulate the matter better, ideally quoting directly from the relevant regulations. You should also look for other grounds to add to your appeal, for example whether the amount of the charge is correct, whether the required signage was in place etc.

Did this happen on the train after it had set off, and if so what was the next station where the train stopped afterwards?
 
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some bloke

Established Member
Joined
12 Feb 2017
Messages
1,561
If you appeal again, you could explain why you accepted the offer to let you through, when you know the system needs you to touch in.

The staff member may have misunderstood your situation, since you would be expected to touch out at the destination and letting you through at Liverpool Street doesn't solve the problem.

Also perhaps make clearer when you mean touching in (ie the start of the journey) rather than out.
 
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