Hi.
Really appreciate the advice given to others here and hoping for the same please
My journey was from Doncaster to the Peak District. I purchased a Cross-Country ticket from Doncaster to Sheffield, with the intention of deciding my onward journey (train, bus or possible lift from friend) on arrival at Sheffield.
On arrival in Sheffield and checking departure boards, the best option was East Midlands Trains to Chesterfield, where I would get a lift from a friend. I therefore crossed from one side of the platform to the other, to board the train to Chesterfield, with the assumption that I could buy a ticket on the train. Once the train departed I was approached by an official and I asked to buy a ticket to Chesterfield. He issued a Penalty Fare of £20. I felt that there should have been some sort of warning notice that this would happen, so did not pay at the time.
On further research, I found that SRA Penalty Fare Rules state that an authorised collector must not charge a penalty fare if warning notices are not displayed (Rule 7.3), and that these warning notices must be displayed so that they can be seen by passengers changing onto a penalty fares train from another train (Rule 4.1).
There were no warning notices on the platform at Sheffield (I have been back to double-check), so my understanding is that the Authorised Collector should not have charged the penalty fare, as they were not visible to a passenger (me) changing onto the penalty fares train.
I appealed to IRCAS on this basis, but received a rejection letter stating that the appeal was not upheld as purchase of a valid ticket had not been made before travelling. The letter appears to use standard paragraphs and states that train companies operating a penalty fare scheme display statutory warning notices .
I still do not think that the train company has provided the statutory warning notices, so they should not have issued the Penalty Fare. I have written again to IRCAS with the facts above (with the addition of photographs to show that there are no notices on the station platform) asking them to reconsider the appeal and, in the event that they still feel that I should pay the Penalty Fare, provide a clear explanation as to why the Authorised Collector charged a penalty fare when it appears that he should not have done so. I am awaiting a response.
The purpose of this post is to get realistic feedback, from those with more experience, on:
Really appreciate the advice given to others here and hoping for the same please
My journey was from Doncaster to the Peak District. I purchased a Cross-Country ticket from Doncaster to Sheffield, with the intention of deciding my onward journey (train, bus or possible lift from friend) on arrival at Sheffield.
On arrival in Sheffield and checking departure boards, the best option was East Midlands Trains to Chesterfield, where I would get a lift from a friend. I therefore crossed from one side of the platform to the other, to board the train to Chesterfield, with the assumption that I could buy a ticket on the train. Once the train departed I was approached by an official and I asked to buy a ticket to Chesterfield. He issued a Penalty Fare of £20. I felt that there should have been some sort of warning notice that this would happen, so did not pay at the time.
On further research, I found that SRA Penalty Fare Rules state that an authorised collector must not charge a penalty fare if warning notices are not displayed (Rule 7.3), and that these warning notices must be displayed so that they can be seen by passengers changing onto a penalty fares train from another train (Rule 4.1).
There were no warning notices on the platform at Sheffield (I have been back to double-check), so my understanding is that the Authorised Collector should not have charged the penalty fare, as they were not visible to a passenger (me) changing onto the penalty fares train.
I appealed to IRCAS on this basis, but received a rejection letter stating that the appeal was not upheld as purchase of a valid ticket had not been made before travelling. The letter appears to use standard paragraphs and states that train companies operating a penalty fare scheme display statutory warning notices .
I still do not think that the train company has provided the statutory warning notices, so they should not have issued the Penalty Fare. I have written again to IRCAS with the facts above (with the addition of photographs to show that there are no notices on the station platform) asking them to reconsider the appeal and, in the event that they still feel that I should pay the Penalty Fare, provide a clear explanation as to why the Authorised Collector charged a penalty fare when it appears that he should not have done so. I am awaiting a response.
The purpose of this post is to get realistic feedback, from those with more experience, on:
- Whether I do actually have valid grounds for appeal, or whether I have misunderstood something
- Whats likely to happen next if IRCAS still reject the appeal
- If I dont hear from them by the payment date, whether just to pay the £20, take the hit and move on, even if I am in the right