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Penalty charge

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Sheam100

New Member
Joined
30 Nov 2023
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1
Location
Sutton
Hi,
So can someone give me some advise please.
I walked through the back entrance of Sutton station this morning at 9.08
It has three barriers, two were red and one was open and black so wasn’t working.
I tried the other two, they didn’t work, and while running to get my 9.11 train I just passed through the open one.
Got to Blackfriars, and was ABOUT to just tap my card and be charged that extra charge for not tapping in from the beginning, but I decided to walk to the platform officer, and tell him that I hadn’t tapped at Sutton etc.
I explained the situation to him. He then proceeded to give me a penalty charge for not finding a tapping dock.
I contested that if I hadn’t volunteered to walk over to him and tell him, I would have just tapped and paid that £11 instead of £10 and been done with it.
But now I have a penalty for £57.
It’s mind blowing how unfair and unjust he was.
Do I have a case to appeal?
Thanks
 
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miklcct

On Moderation
Joined
2 May 2021
Messages
4,947
Location
Cricklewood
I walked through the back entrance of Sutton station this morning at 9.08
It has three barriers, two were red and one was open and black so wasn’t working.
I tried the other two, they didn’t work, and while running to get my 9.11 train I just passed through the open one.
The barrier was out of order, which means there was no ticketing facility available for PAYG payment. Definitely appeal.
 

WesternLancer

Established Member
Joined
12 Apr 2019
Messages
10,312
Hi,
So can someone give me some advise please.
I walked through the back entrance of Sutton station this morning at 9.08
It has three barriers, two were red and one was open and black so wasn’t working.
I tried the other two, they didn’t work, and while running to get my 9.11 train I just passed through the open one.
Got to Blackfriars, and was ABOUT to just tap my card and be charged that extra charge for not tapping in from the beginning, but I decided to walk to the platform officer, and tell him that I hadn’t tapped at Sutton etc.
I explained the situation to him. He then proceeded to give me a penalty charge for not finding a tapping dock.
I contested that if I hadn’t volunteered to walk over to him and tell him, I would have just tapped and paid that £11 instead of £10 and been done with it.
But now I have a penalty for £57.
It’s mind blowing how unfair and unjust he was.
Do I have a case to appeal?
Thanks
Hi and welcome

Hopefully experts will know - but I fear this is V bad luck.

As I understand it it is an offence to travel on a train without having a ticket from the point you board the train. I assume that not tapping in basically means you have no ticket when you commence your journey - thus you commit the offence. This would then mean the Penalty Fare is an acceptable 'punishment' (from the railway's point of view).

I suppose the gate that was open would have had a tap on point that would (might?) have worked, but you did not test it.

This does not mean it's not worth submitting an Appeal - but it might not get anywhere.

If someone can disagree with my line of thinking then that might help you!

There may be other reasons why the Penalty Fare was not valid (issued improperly or signage faulty) and others will no doubt advise on that - but it may require you to upload an anymised copy of the Penalty Paperwork issued to you for people to check.
 

island

Veteran Member
Joined
30 Dec 2010
Messages
17,369
Location
0036
The barrier was out of order, which means there was no ticketing facility available for PAYG payment. Definitely appeal.
The OP could have used a different entrance or purchased a paper ticket.
 
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