Child received a penalty charge notice on Nexus Metro

[Lewisham2221]

If you don't have an Under 16 Pop Card, you'll pay the commercial child fare, which is 70p. However, if you are, or look like you are, 14 or over, you will be charged the adult fare. So if you live in Tyne and Wear and are under 16, apply for your Under 16 Pop Card now to be entitled to pay concessionary child fares.

My personal interpretation of the above terms (based purely on the above terms and having absolutely no experience of the Metro at all!), is that the commercial child fare is only available to children aged 13 or under.

 

[maniacmartin]

but what if you're 13 but look like you're 14

 

[richw]

My personal interpretation of the above terms (based purely on the above terms and having absolutely no experience of the Metro at all!), is that the commercial child fare is only available to children aged 13 or under.

This is my interpretation, with those holding the card thing getting extended child fares age limit

 

[Lewisham2221]

but what if you're 13 but look like you're 14

Then we get into the already mentioned grey area of proving how old somebody looks...

However, for the case in question, the issuing of the penalty fare appears to be unquestionably valid.

For my money, the duty of care argument stops with the fact that she had enough money to buy another ticket and continue her journey, which she did. If she'd been left stranded then there would clearly be a case, but she wasn't.

 

[Stats]

The 2012 Fares Guide confirms that a person aged under 16 should buy the child fare. There is no reference to being, or looking, more than 14 years old.

Children
aged 5-15 without an Under 16 Pop Card should
buy the commercial single ticket for 70p or a Child
DaySaver, which gives all day unlimited Metro travel
for £1.10. On all tickets you may be asked for proof
of age.

 

[Lewisham2221]

The 2012 Fares Guide confirms that a person aged under 16 should buy the child fare. There is no reference to being, or looking, more than 14 years old.

Children
aged 5-15 without an Under 16 Pop Card should
buy the commercial single ticket for 70p or a Child
DaySaver, which gives all day unlimited Metro travel
for £1.10. On all tickets you may be asked for proof
of age.

Indeed, further investigation shows that the Conditions of Carriage also state:

Child Fare tickets - Tickets available to children aged between 5 and 15*(inclusive). Under 5s travel
free. Children and young people aged between 5 and 16 who are resident in Tyne and Wear are eligible
for concessionary fares under the Tyne and Wear Concessionary Fares Scheme. Further details at
nexus.org.uk. *On 31 August before the start of the current academic year. Proof of age will be required.

So it would appear that the penalty fare was in fact incorrectly issued, or at least correctly issued on the basis of not being able to provide proof of age at the time, although you could reasonably expect it to be waived on appeal should you be able to provide prrof of age as part of the appeal. The only way I can see around that argument is the bit I've highlighted red. Again though, this differs from other published information, so whilst, in a legal sense, they could be 100% spot on in issuing the PF and rejecting the appeal - based on

1.1 - This booklet contains the Conditions of Carriage relating to the Tyne & Wear Metro. These
Conditions of Carriage set out your rights and any restrictions of those rights.
1.2 -The Conditions set out your rights and obligations under the contractual relationship between us. This contractual relationship begins once you buy a ticket valid for travel on Metro.

and http://www.nexus.org.uk/metro/guide-metro/Metro-Conditions-of-Carriage

Your Metro ticket is a legal document.
A contractual relationship begins between you and Metro once you buy a ticket valid for travel on Metro. The Conditions of Carriage set out your rights and obligations, and any restrictions of those rights, when you travel.

Download your copy below.

following such a strict line with the conflicting information given in 3 Metro/Nexus publications/websites probably wouldn't be good press for them to say the least.

 

[thelongestroad]

How many 14 year olds carry proof of age? they wont have a driving liscence, and probably wount have a passport with them in case the lose it.

I do digress slightly, but you'd be AMAZED at the number of '14/15' year olds that carry around driving licences.

 

[mullin]

Provisional Motorcycle Permits don't count

 

[Stigy]

I do digress slightly, but you'd be AMAZED at the number of '14/15' year olds that carry around driving licences.

I agree, some quite convincing ones, too!

 

[Doofbox]

To clear up some confusion.
There are concessionary fares for children from Tyne and Wear with a POP card.
My daughter purchased a standard child ticket which is not the same thing. The Nexus rules state that she may have been asked to prove her age at purchase, which she wasn't.

We are awaiting the outcome of the second appeal.

 

[Doofbox]

Finally received a letter from IRCAS stating that the they will not be pursuing the penalty fare. No apology for wasting our time and making an error by rejecting the first appeal.

Funny how the metro employee makes out their CS team are willing and able to assist when this issue is on another public forum. The metro CS I spoke to directly after the event was not in the slightest bit interested and devolved all responsibility to IRCAS.

Not impresses with Nexus/Metro for the distress and potential jeopardy that my daughter encountered. Not impressed by IRCAS with their incompetency and poor communication.

 

[island]

Thank you very much for coming back and telling us the outcome.

 

[route:oxford]

It's good that it is sorted. It saves the potential next step...

Your Local Education Authority may have refused you permission to take your daughter out of school for the day to visit the court...

 

[bb21]

It saves the potential next step...

I know it is no joking matter when the OP is in the middle of the situation, however I wouldn't have minded seeing this matter go to court. The OP will win quite emphatically I suspect in that situation.