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Penalty Fare Dispute Denied

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peter50000

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20 Jul 2015
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Hello,
I recently had an issue with showing a train ticket on a train, because i didnt pick up all parts from the printing machine in a rush to board the train.

I've sent off an appeal showing evidence that i bought the ticket through credit card statement but they are still refusing my appeal. I'm quite frustrated as they lady on the train who issued our penality told us that there wouldnt be a problem as long as i could evidence that I had paid for the ticket.

Also i have paid for 2 return tickets and already 1 penalty fare of 20 when all i wanted was two singles..

Can anyone advise me if I am in the wrong here or if i should pursue the appeal further?

Here are the full letters from me and in return

from me;


I am writing to appeal against the penalty fare enclosed in this letter. The train we boarded was on the 5th of july and if memory serves correctly it picked us up at 12.45pm (1 minute past the scheduled time of 12.44pm). From Royston, herts, destination London kings cross.
My partner and I arrived at the station late and in a rush I thought I had bought 2 single tickets to London from the ticket vending machine – we picked up the 2 tickets from the machine and quickly boarded the train which pulled up as the machine printed them.
When the ticket lady approached us and asked for the tickets we noticed that somehow we did not have 2 single tickets to London, but one, two part return ticket to London! (one out and one rtn ticket – as per the scanned ticket attachment).
As I had selected return by mistake and not single we had only picked up two tickets, where infact there would have been 4 tickets for us to pick up (2 must have been left in the station ticket machine). This left us with only one ticket for the direction we were travelling in and therefore we incurred a penalty fare for not being able to provide evidence, at the time of the receipt or proof of purchase from the credit card machine.
Once home and after a couple of days I was able to confirm the amount of £29.00 had been charged to my account (please see credit card statement also attached). The price of 2 return tickets to London from Cambridge on that day.
I was told that if I provided evidence and wrote to this address that a refund would be issued.


in reply

Thank you for your correspondence, received by this office on 17-Jul-2015
Re:
The Penalty Fares Rules work in conjunction with the National Rail Conditions of Carriage (NRCOC). Both state that where the facility exists at the origin station passengers must buy the correct ticket for their entire journey before joining the train. Penalty Fare warning notices are displayed at all Penalty Fare stations advising rail users
of the necessity to produce a valid ticket for inspection on request and of the consequences for failing to do so.
Appeal decisions are made in accordance with a Government approved Code of Practice (COP). A copy of the Penalty Fare Rules, NRCOC and approved COP are available online .
I understand you required two single tickets but that you inadvertently selected two return tickets from the ticket vending machine. Consequently, the two single tickets you believed you were retrieving from the dispenser turned out to be both parts of one return ticket, which unfortunately meant that one of you boarded the train without a ticket.
In accordance with the Conditions of Carriage, the safekeeping of a ticket is the passenger’s responsibility. With the exception of some season tickets, mislaid, lost, discarded or stolen tickets will not be replaced, nor will any of their cost be refunded. The NRCOC explains the passenger's rights in relation to any refunds for unused tickets.
When requested by staff of any train company or its agents, passengers must hand over for inspection a valid ticket and any accompanying photocard or Railcard. If not, they will be treated as having joined the train without a ticket and may be liable to pay a penalty fare.
A receipt or proof of payment is not a ticket, is not valid for travel and unfortunately cannot be used to retrospectively cancel a penalty fare notice. Nor can a ticket which has been produced for inspection after having travelled (with the exception of a season ticket). Since a valid ticket could not be produced for inspection on request at the time of travel on this occasion, a penalty fare is due.
With that in mind, I regret to advise that your appeal has been unsuccessful. Attached is a statement provided by RPSS. An amount of £20.80 is currently outstanding and should be paid immediately to avoid further action or charges. Payment may be made with the appropriate credit/debit card online. When paying online, please ensure you enter the correct notice prefix and notice number from the notice itself. You can also pay by phone Mon-Fri from 06:00 to 22:00 on 0871 559 2997. Calls are charged at 10ppm plus your phone company's access charge. Alternatively, you can send a cheque or postal order to RPSS, PO Box 89, Portsmouth, Hants, PO1 1EG, attached to a copy of this letter. It is important to make immediate settlement to avoid incurring administration charges because the lodging of an appeal does not suspend the debt recovery process.
 
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bb21

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There is no automatic right to a refund.

Strictly speaking the issue of a Penalty Fare was the correct procedure, as you were travelling without a ticket, and the RPI did not suspect any foul play (otherwise you would have been reported for possible prosecution), while harsh it certainly seems to be to me to refuse a refund on a one-off basis.

Where did you actually travel from? I thought you said Royston, but then you mentioned Cambridge in your letter, so this is all rather confusing.

How much was the Penalty Fare issued for? Did you buy any other ticket for your journey in addition to the two tickets you paid for and the Penalty Fare (which I assume that you paid in full at the time)?
 

clagmonster

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Assuming the amount is correct, my advice would be to pay up quickly. As you boarded at a station with ticket purchasing facilities, by failing to show a valid ticket when requested you committed an offence under the railway byelaws. If you fail, the penalty fare could be cancelled and the company go down the line of prosecution.
Sorry if that's not what you wanted to here, this sounds like a genuine unfortunate case. A lesson learnt I suppose.
 

bb21

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Ah I misunderstood earlier as I only skim read the letter.

If the Penalty Fare were not paid yet, I agree that full payment should be promptly made, independent of the appeals process.
 

furlong

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I'm quite frustrated as they lady on the train who issued our penality told us that there wouldnt be a problem as long as i could evidence that I had paid for the ticket.

I don't think you made that point very clearly in your original letter and you didn't present explicitly any valid grounds for appeal. Had I been in your position, I would have made sure that whatever was agreed with the company at the time was put in writing (by way of a short note added to the paperwork) so that there could be no dispute later regarding the agreed circumstances under which the penalty would be cancelled.

Additional charges mount up quickly, so people usually recommend paying the penalty as soon as possible. Then you can attempt to get it refunded by writing to the customer services department of the train company involved and hope that the employee concerned remembers the incident and backs up what you say - but of course without anything in writing there is no guarantee this will happen.
 
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peter50000

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oh well, thanks for the responses guys.

yes i learnt a lesson ... don't waste your time appealing to common sense (proof you paid for a ticket) and don't put you real name and address on these forms.

It's not a lot of money but the fact i wasted my time writing and sending a letter and collating and scanning all information because I was advised to do so makes its more annoying.
 

peter50000

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I don't think you made that point very clearly in your original letter and you didn't present explicitly any valid grounds for appeal. Had I been in your position, I would have made sure that whatever was agreed with the company at the time was put in writing (by way of a short note added to the paperwork) so that there could be no dispute later regarding the agreed circumstances under which the penalty would be cancelled.

I agree with that now, but being the first time i've been in this situation i was under the impression that it was nothing out of ordinary that as long as i evidence i had paid for it there wouldnt be a problem - that was the standard procedure and therefore i didnt think i would need an exception written report.
 

bb21

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oh well, thanks for the responses guys.

yes i learnt a lesson ... don't waste your time appealing to common sense (proof you paid for a ticket) and don't put you real name and address on these forms.

It's not a lot of money but the fact i wasted my time writing and sending a letter and collating and scanning all information because I was advised to do so makes its more annoying.

It is about common sense even if it might not seem so.

The flip side is that there are people who try it on, by buying less tickets than the number of people, and claiming that some tickets were "lost", so it could be argued that you could have given it to a companion, who travelled separately to you two, and attempted to travel on one ticket for the two of you. Obviously I am not saying that you did that, but there are people out there who try it on, and it is impossible to tell one type from the other. As a result, it was decided that the actual ticket was the only thing that can entitle you travel.

It is a matter of some cheeky sods spoiling it for the honest passengers, and that sometimes mistakes have consequences, unfortunately.
 

clagmonster

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odon't put you real name and address on these forms
I would say that you should always give your real name and address. The RPIs do have the ability to check if the name and address you give is real, and if it turns out not to be then:
a) giving a false name and address is in itself a byelaw offence
b) it can be taken as evidence of avoiding the fare, a more serious offence under the Regulation of Railways Act.
--- old post above --- --- new post below ---
The flip side is that there are people who try it on, by buying less tickets than the number of people, and claiming that some tickets were "lost", so it could be argued that you could have given it to a companion, who travelled separately to you two, and attempted to travel on one ticket for the two of you. Obviously I am not saying that you did that, but there are people out there who try it on, and it is impossible to tell one type from the other. As a result, it was decided that the actual ticket was the only thing that can entitle you travel.
Normally, I'd agree with you on that analysis of potential fare evasion, however travelling on FCC at that time of day it would seem an unusual method, considering that a third person could effectively have travelled for free by purchasing three groupsave discounted tickets. Unless there were two pairs of people each with the same story.

The one thing is though the other ticket is unaccounted for due to it being left in the hopper of the TVM. An opportunist is quite likely to have found it and taken it as a freebie, thus there could very well be a journey that has gone unpaid for.

My advice at this stage to Peter would be to pay up, but also write in to customer relations, it should be a freepost address, with whatever tickets you have, and explain what happened. There is nothing to lose, you might get something back. However, take extra care in future as now you have a penalty fare to your name, if you get pulled for a ticketing matter again, they may well see that and not go for said option, thus making it much more costly.
 

bb21

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We then get into a discussion as to whether the third person would like to return at the same time as the other two.

My point is that there are good reasons behind the general industry policy that no ticket means no travel. I would also prefer a system that passengers are given the benefit of the doubt for the first time, but it is equally understandable if train companies elected not to.
 

clagmonster

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We then get into a discussion as to whether the third person would like to return at the same time as the other two.
Fair does, I didn't consider that.

Unusually, I agree with this penalty fare. Most of the time I think it should be direct to the Mags, do not pass go, do not collect £200, but in this instance there is evidence of the fare having been paid, and there is a good chance that somebody has, known to the couple or not, got a free ride. A good half way house.
 

gray1404

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I would certainly pay this ASAP to avoid any further action. I know its annoying. I would however, given what the RPI told you on the train: "lady on the train who issued our penalty told us that there wouldn't be a problem as long as i could evidence that I had paid for the ticket" write into customer relations explaining that you have following the instructions given to you, yet you still had to pay it despite the fact you were told different at the time. i.e. your PF was issued on the above understanding.
 

najaB

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Can anyone advise me if I am in the wrong here or if i should pursue the appeal further?
Unfortunately, you couldn't produce a ticket at the time, so you're in the wrong. As others have pointed out, the train company has no way of knowing if you and a friend 'shared' a single ticket between you. I don't believe that you did, but there's no way to prove that you didn't.

The TOC could have reported you for prosecution since not being able to produce a ticket is an offence, and that would have resulted in a fine typically of £200. Since it isn't in their interest or yours to go to the expense and trouble of a prosecution they are letting you pay £20 to consider the matter closed.

While I agree it stings to pay £20 for a simple mistake that anyone could have made, it is much less of a sting than the result of a prosecution - so my advice would be to pay up and and forget about it.
 

peter50000

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Since it isn't in their interest or yours to go to the expense and trouble of a prosecution they are letting you pay £20 to consider the matter closed.

While I agree it stings to pay £20 for a simple mistake that anyone could have made, it is much less of a sting than the result of a prosecution - so my advice would be to pay up and and forget about it.

just fyi it was £20 at the tie, £20 follow up £40 fine total. with actual tickets bought, £69 .

thanks all for your replies, I will try write to their customer services, matter of principle rather than the monies anyway...
 

bb21

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Just so that everyone reading the thread is clear, it is always advisable to pay a Penalty Fare first, independent of the appeals process, except possibly the most clear-cut cases where the passenger was definitely in the right. The clock starts ticking down independent of any outstanding appeal, which may see a decision made after the deadline for paying the Penalty Fare has passed, incurring unnecessary admin charges on top.
 

LexyBoy

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I would however, given what the RPI told you on the train: "lady on the train who issued our penalty told us that there wouldn't be a problem as long as i could evidence that I had paid for the ticket" write into customer relations explaining that you have following the instructions given to you, yet you still had to pay it despite the fact you were told different at the time. i.e. your PF was issued on the above understanding.

I agree, although it's a long shot IMO. RPIs have to inform PF recipients that they are entitled to appeal - quite often, this is phrased as if they will definitely get their money back, in order to get people off their backs. (Equally, some people may hear what they want to hear).
 

timbo58

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I would agree with LexyBoy, it's cold comfort, but in my RP days I have very often heard staff mis advising those they are issuing UPFNs to (unpaid fares notices) that they can reclaim the money at an unspecified later date/from an unspecified company.

Always it was because they don't want 'confrontation' and wanted to get on with the rest of their job instead of arguing with one person they might otherwise have to ask to leave the train etc.

They forgot of course that this 'confrontation' might have been avoided by them but now someone else has to deal with it plus the fact they lied to them!
 

gray1404

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Yes, I too have seen people being misadvised about their right to appeal when I've seen RPI's issuing PFs. Seem very similar "incorrect" advise and instructions being given out to customers like in this case. This is why it would be interesting if customers started taking TOCs to task on it.
 

hounddog

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Yes, I too have seen people being misadvised about their right to appeal when I've seen RPI's issuing PFs. Seem very similar "incorrect" advise and instructions being given out to customers like in this case. This is why it would be interesting if customers started taking TOCs to task on it.

'Misadvised'? You mean 'lied to'.
 

gray1404

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That thought did cross my mind too, but I thought I best choose the diplomatic option :p lol On a serious note though, I am sure no one on here likes it when they see or hear of customers being told incorrect things.
 
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6Gman

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I wonder if it would be possible/practical for a written outline of the appeals procedure to be handed over rather than the verbal description which can be misleading/ misunderstood?
 

najaB

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I wonder if it would be possible/practical for a written outline of the appeals procedure to be handed over rather than the verbal description which can be misleading/ misunderstood?
As stated in the Penalty Fares Rules:
8.6 If asked by a person who has been charged a penalty fare, an operator must send that person a complete and up-to-date copy of these rules and an appropriate summary of their approved penalty fares scheme.
So all the passenger has to do is ask.
 

455driver

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Just because the RPI said the OP could appeal doesn't mean that the appeal will be successful!
 

gray1404

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depends on what exactly was said. In this case it sounds like, based on the OP, he was assured it would be ok if he wrote in, explained the situation and would be overturned.

Perhaps the OP could provide some clarification please on exactly what was said and any advise given at the time the PF was issued?
 

najaB

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Perhaps the OP could provide some clarification please on exactly what was said and any advise given at the time the PF was issued?
That won't provide clarity as to what was said, only over what was heard. Unfortunately, experience says that the two may well not be the same.
 

peter50000

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Perhaps the OP could provide some clarification please on exactly what was said and any advise given at the time the PF was issued?

I can't remember exactly what was said to be honest, only that I was left with the impression that if I appealed then the evidence of proof of purchase would rectify the situation.

What I do remember though is that during the discussion she asked me if i could log onto my credit card statement on my phone to prove to her at that time that it had been purchased and then she wouldnt of issued me a penalty. So at that time the idea that was installed in my mind was that proof of payment would mean no penalty.

Unfortunately I didnt have the user number and pin codes to hand but even if i did you dont see these transactions till a few days after. In hindsight though, if that would of been acceptable then maybe i should of rung my credit card company and got them to confirm with her it had been paid over the phone.
 

DaleCooper

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I can't remember exactly what was said to be honest, only that I was left with the impression that if I appealed then the evidence of proof of purchase would rectify the situation.

What I do remember though is that during the discussion she asked me if i could log onto my credit card statement on my phone to prove to her at that time that it had been purchased and then she wouldnt of issued me a penalty. So at that time the idea that was installed in my mind was that proof of payment would mean no penalty.

Unfortunately I didnt have the user number and pin codes to hand but even if i did you dont see these transactions till a few days after. In hindsight though, if that would of been acceptable then maybe i should of rung my credit card company and got them to confirm with her it had been paid over the phone.

It sounds like the RPI was trying to be helpful.
 
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