2nd thread on Northern being very classy to disabled people within a short while. How excellent.
It should also be noted that while there are many ways to avoid such a scenario from repeating, such as e-tickets (and I agree that this would be a robust method), OP’s disability can make many of these seemingly ordinary solutions quite stressful. I believe that OP is entitled to his previous method of doing things and it is Northern’s job to accomodate OP’s disability, under NRCoT 6.1.3.3, not the other way around.
As noted above by other members, there are a few action items the OP must undertake as soon as possible:
1. Appeal the Penalty Fare. The Penalty Fare is 50 pounds if paid within 21 days, and otherwise doubled, but this clock is frozen on appeal, so an appeal should be made as soon as possible. More experienced members will be able to advise on the best course of appeal, but in my opinion the OP can claim a defense under NRCoT 6.1.3.3. Note that first and second appeals are often unreasonably unsuccessful due to the fact that they are conducted internally by the TOC themselves; the third appeal is conducted independently. One often has to appeal all the way to the third appeal to get a (figurative) human response, but not to worry, as the clock is refrozen on every appeal.
2. Ensure that the TOC have your correct physical and email addresses. We’ve seen cases on here before of TOCs sending correspondence to the wrong address causing the accused passenger to be completely unaware of any proceedings against them, and that can be a lot more troublesome to sort out. Your address as given to the TOC should be on the Penalty Fare notice; also regularly check spam email folders for a while in case Northern decides to be especially classy and withdraw the PF to initiate prosecution, or if this was an FPN (fixed penalty notice) and not a penalty fare in which case a completely different procedure applies, despite the similar name.
3. Record all details of of your journey - which train you were on, from which station to which station, when you were stopped, etc. This has the purpose of both identifying any witnesses that can help your case (e.g. the BTP officers relevant) and identifying the offending RPI. It also helps you present a clear and concise timeline on appeal which makes it easier for the person on the other end to understand exactly what has happened. Keep tabs also of additional expenses you or others have incurred to help you, including extra journeys made, lost pay, full price tickets paid, additional appointments with psychiatrists, etc. so you can claim them back from Northern at a later date.
There are some additional points about the situation that I would like to make as well:
1. Absolutely write to MPs, representatives, journalists, charity organisations for disabled people, etc. etc. External pressure can be surprisingly effective at making a TOC see reason. I believe that other victims of Northern’s revenue protection have recommended Tristian Kirk, at the Evening Standard, who has apparently taken an interest in these kinds of things (I have no personal knowledge of either the journalist or the newspaper concerned).
2. The railcard was, unfortunately, not stolen - it’s always the TOC’s property and it is a criminal offence not to hand over a railcard when asked to. However, hopefully you will be able to get it back once enough pressure is put on Northern. The letter IS OP’s property and the RPI taking it was theft - and actually, going by the OP’s description of the way he took it, possibly assault.
3. The letter from the psychiatrist 100% entitles you to a buy on board arrangement, and it was also issued for a reason - other methods may have been assessed by the professional to cause undue distress to OP. Any sort of argument that the OP is physically capable of accessing the TVM runs directly afoul of Equality Act 2010 15(1) and 6(1)(b), and subsequently NRCoT 6.1.3.3 and 21.1. This entitlement should not be voluntarily waived just because a particular RPI had a backward view of what constitutes a disability and a sufficiently large power trip to enforce said view; instead, it would be more productive to arm OP with legal arguments that can be made if he is unlucky enough to encounter such a scenario again, as well as a complete knowledge of what rights and obligations he has when travelling on the train.
4. Northern’s customer service probably has not grasped the seriousness of what actually happened, and treated your complaint as one of the many “help I was caught” emails they get every day. You may consider to try to contact them again with a more confrontational subject - e.g. “Violations of Equality Act 2010 by Northern staff” - and make the content of your email about the abhorrent treatment you received and the consequent violations of Northern’s contract with you when you purchased a railcard and ticket with them. I don’t think there is a need to worry that this will worsen your chances of appeal. For one, if the final appeal really is somehow unsuccessful, you can pay the PF under protest then go to small claims court and sue Northern for the PF, ticket cost, medical letter cost, plus emotional distress to boot, and it’s Northern that will end up with egg on their face. Moreover there is very little communication between the customer services department and revenue protection department.
5. As others have also noted, it would be helpful if an appropriately redacted version of the actual penalty document could be uploaded; Northern have a rather nasty habit of mixing up a penalty fare, which bars Northern from prosecuting you if it is appealed and responded to, versus a fixed penalty notice, which is in effect an out of court settlement and does not bar Northern from prosecution.
I’m very sorry to hear of such disgusting treatment you have received at the hand of this particular railway staff member, and hope that this can be resolved quickly. There is no need to stress - legally, you are in the clear, and although Northern can theoretically make your life quite annoying and maybe a little bit more expensive for a while, it would be highly detrimental to the career prospects of every Northern employee involved in the process if they did choose to do so. Please do let us know if you need any help with drafting anything, or otherwise.
