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penalty fare appeal - chances?

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34D

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I am now going to take steps to delete my account, as I have no desire to continue to try and talk sense to a bunch of seriously entrenched dinosaurs. You think that you are right. I think that even if you are right, you shouldn't be. I venture to suggest that there are more customers than employees.

Please don't do that. However, do appreciate that you're the vegetarian who has gone onto the abbattoir forum.

I (personally) believe discretion ought to be shown to you (especially if cctv shows you passing a ticket through the barrier). However I suspect that it won't be.
 
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ralphchadkirk

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I have absolutely no idea, Ralph, how anyone could possibly blame an organisation for a delay when one of their employees caused it by the timing of their discussions with police officers. Would it really have made any difference whatsoever if the assault had been reported later? Would the police have been able to find the person who did it on an already over-crowded train? Would CCTV evidence not have assisted them at all one it?
The Police have a better chance of finding the culprit if crimes are reported immediatly, especially as on a station the culprit is likely to still be there. Sorry, but in my book reporting a crime trumps running a train. I'd prefer the driver on my train not be concentrating on the job in hand, not worrying about an assault.

No, yes, and fair enough. I too would be talking to the police. However, I would be more considerate in my timing of talking to the police, especially if I had an important engagement to get to. Or is driving a train not an important and responsible position (Bob Crow's words, paraphrased).
Of course it's an important and responsible position. And part of that responsibility is knowing when you have to do something more important - like reporting a crime perhaps? Or should passengers get free reign to kick drivers whenever they like?


Suggest you read my posts. Never said ignore it. Merely suggested that he picked a more convenient and sensible time to talk to the police.
How do you know that the police didn't see it and want to talk to the driver, rather than the driver reporting it? To refuse would be classed as obstruction.


SRA Penalty Fare policy document, May 2002, Para.4.30. Severe disruption, ergo discretion. If I can prove I had a ticket (and succeed on that point) discretion should be shown in respect of the extension. Note that there is no requirement that it is the railway's fault.
Is a train being delayed by 25 minutes severe disruption? I'd say it's quite late, but not severe. In any case, they are not required to give discretion. It is a nicety not a right.

You're sure it wasn't stolen? Perhaps if the ticket was in a ticket wallet in a coat pocket? Only thing of any value that is not directly on my person? My fault for not putting it in my trouser pockets, but I was incredibly stressed at the time because of the severe delays and over-crowding. Suffering from a form of claustrophobia doesn't help with that one.
Perhaps it just fell out your pocket? I would bet on it being lost, not stolen.


Never said it was. What I said was that it is riduculous that the railway can charge me a penalty fare (i.e. a fare which is a penalty for not purchasing a ticket) when I have bought a ticket. I have no truck with the fact that the rules are written in terms of being able to produce a ticket. My suggestion is that this is a ridiculous situation to be actually charged one. Charging in this situation brings the rules into disrepute, and actually weakens the moral arguments as to the existence of the scheme.
The bylaws require you to present a valid ticket when required to do so, no excuses. You failed to do that. Theoretically they could be bringing a prosecution against you.


Read the rules. Your policy should include discretions for all passengers at times of severe disruption. If it doesn't it is probably invalid.
Once again, 25 minutes isn't severe and discretion is a benefit afforded to people when the RPI considers it right to do so. It is not a right.


Actually, half the initial delay was the train drivers fault.
Pray how is being assaulted the driver's fault?
The fact that the disruption added another delay of 50% of journey time by the time we hit Hitchin is not the drivers fault, and neither were the initial delays. Please come round and try and assault me. I can assure you that at least some of you won't be walking home, and the rest of you will find yourself up on charges. However, if I am only lightly assaulted, I would be still going to the client meeting I had to leave for then, and reporting the assault at a more convenient time. The only time when I would be reporting there and then is if I had arrested one of you. Or you needed an ambulance.
That's your opinion. You didn't see the assault, and neither did we, so we can't comment on whether it was a light kick or a hard punch in the guts. It's not for you to decide whether it was unimportant or light - that's for the victim (i.e. the driver) to decide.


No, but your payslip itself is of no value. If you mean paycheck, then its still not your employers fault, but they will cancel the check, and issue you a new one. Are you seeing a pattern here regarding intangible property represented by a physical slip? Same with share sertificates, corporate bonds etc.
Ok, try loosing your theatre ticket and demanding to be let in?

Yet FCC have used it to fine (yes, it is a fine, and its also potentially an unenforceable liquidated damages clause, look it up) a fare paying customer. Fantastic advertisement.
No, it isn't a fine (that can only be issued by a Court) and yes it is enforceable.

I came in here looking for some intelligent discussion. Thank you to those who have provided. Its a sad indictment on the rest of you, and (on the not unreasonable assumption that a whole bunch of you are railwaymen) on your professions. You have a monopoly. You also have the most heavily unionised 'profession' in the country. Use these wisely, or you might just find that you are all dragged kicking and screaming into the modern age, and things change very quicly indeed. I personally would see full privatisation of the railways - track is leased to a number of different companies, so no one carrier has a monopoly over any particular route. I think we would see a very different railway under those circumstances.
I'm only a passenger. I pay for a yearly season. If I lost it, I'd be blaming myself, not SWT.
I am now going to take steps to delete my account, as I have no desire to continue to try and talk sense to a bunch of seriously entrenched dinosaurs. You think that you are right. I think that even if you are right, you shouldn't be. I venture to suggest that there are more customers than employees.
I'm sorry that you're not mature enough to cope with people disagreeing with you.
 

Hydro

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I am now going to take steps to delete my account, as I have no desire to continue to try and talk sense to a bunch of seriously entrenched dinosaurs. You think that you are right. I think that even if you are right, you shouldn't be. I venture to suggest that there are more customers than employees.

You think that you are right, and are looking for agreement. You didn't get it, so don't throw your toys out of the pram and stamp your feet. You venture to suggest that there are more customers than employees? So that even when you are wrong, everyone can gang up on the employees to brow beat them into submission every time a "customer" makes a mistake that isn't the fault of the railway?


...track is leased to a number of different companies...

It is. Try being a new entrant to the railway; the unionised agreements of 20 years ago don't apply to those contracts, it's as unstable as any other private company.

I came in here looking for some intelligent discussion.

No, you came here for reinforcement and agreement.

Man the hell up, take some responsibility and stop playing the bullied and put upon "customer" who comes across as entrenched as those he accuses.
 

Smudger105e

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In short, I think the railways are a bunch of arse.

In short, I believe this sums up your attitude. Early in this thread, you were advised that it was probably worth writing to FCC to see if you could get your £20 back, but it was unlikely, as you had committed the offence of failing to produce a valid ticket for your journey.

You seem to have turned this thread into a Railway and Railway Staff bashing thread.

I think it would be better if you did stick to your motorbike in future.
 

jon0844

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As a mere passenger, I hope this PF will put the OP off travelling ever again as his attitude stinks and I don't want him sitting near me while cursing and plotting on a train I might be on!

To suggest a driver ignores an assault to get on and drive is offensive. Most of what else has been written is also offensive and ignorant. To suggest the ticket was stolen is also ridiculously far fetched. Who steals a train ticket from the pocket of another passenger? It simply didn't happen.
 

Tomonthetrain

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As a mere passenger, I hope this PF will put the OP off travelling ever again as his attitude stinks and I don't want him sitting near me while cursing and plotting on a train I might be on!

To suggest a driver ignores an assault to get on and drive is offensive. Most of what else has been written is also offensive and ignorant. To suggest the ticket was stolen is also ridiculously far fetched. Who steals a train ticket from the pocket of another passenger? It simply didn't happen.

Hear hear
 

AlterEgo

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As a mere passenger, I hope this PF will put the OP off travelling ever again as his attitude stinks and I don't want him sitting near me while cursing and plotting on a train I might be on!

To suggest a driver ignores an assault to get on and drive is offensive. Most of what else has been written is also offensive and ignorant. To suggest the ticket was stolen is also ridiculously far fetched. Who steals a train ticket from the pocket of another passenger? It simply didn't happen.

Very well put.

Unfortunately I seem to have given what I consider to be very reasonable and useful advice to someone who clearly doesn't appreciate it.

I will not lose any sleep over the OP taking his motorbike next time.
 

DaveNewcastle

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I seem to have given what I consider to be very reasonable and useful advice . . . .
Yes, you did. Interestingly, a few others gave useful advice too, even with slightly differeing estimates of the prospects of sucess.

For what its worth, my opinion hasn't been changed by the exchange on here, that in this case, the time and effort in making an appeal are disproportionate to the likely benefit. But writing as a 'seriously entrenched dinosaur', we wouldn't expect my opinion to change.
 

theblackwatch

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Given that we have had a 'toys out of the pram' incident by the OP, I am now locking this thread.
 
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