Dear Sir / Madam,
I am hereby submitting an appeal against Penalty Fare no. XXXXXXX on the the following five grounds.
1) Regulation 9(1) of the Railways (Penalty Fares) Regulations 2018 ("the Regulations") requires that the amount of a Penalty Fare be "£20 or twice the full single fare applicable, whichever is greater". There is only one single fare from Clapham Junction to Brighton - the Anytime Day Single, route "not via London", priced at £26.10. Twice this fare is £52.20, so therefore this would be the correct amount of the Penalty Fare.
However, the Penalty Fare has not been issued for this amount - it has instead been charged for the amount of £52.10. It is not within the remit of the operator or the appeals body to alter the amount of the Penalty Fare after it has been issued.
Accordingly, Regulation 9(1) was not complied with, and consequently this appeal must be allowed because, as per Regulation 16(3)(a), the Penalty Fare has not been charged in accordance with the requirements of the Regulations.
2) Regulation 5(2) requires that a passenger is provided with certain information in writing when they are charged a Penalty Fare. Subparagraph (h) requires that this include "a statement that the person must either pay, or appeal against, the penalty fare within 21 days beginning with the day following the day on which the penalty fare is charged". However, the Penalty Fare does not contain any such statement, and instead grossly misrepresents the legal position, claiming that:
"The minimum you must pay at the time of issue is the full single fare for the journey you have made. If you do not pay the outstanding amount within 21 days, starting on the day after issue an administration fee of £20 will be charged and legal proceedings may be issued against you. This is separate from any appeal you may wish to make."
Accordingly, I was not provided with the information required to be provided by Regulation 5(2)(h), and consequently this appeal must be allowed because, as per Regulation 16(3)(a), the Penalty Fare has not been charged in accordance with the requirements of the Regulations.
3) Similar to the second ground of appeal, Regulation 5(2)(i) requires that a passenger is provided, in writing, with "an explanation of how the penalty fare may be paid". The Notice contains a website, epfn.penaltyfares.co.uk, and a contact number, 0870 067 8171, either of which it is stated one can use to pay the Penalty Fare.
I followed those instructions at <date/time> but the website did not recognise the Penalty Fare reference number. I tried calling the contact number at <date/time> but there too I was told that the Penalty Fare did not exist in their systems. I tried the website again at <date/time> but it still did not let me pay. I can come to no other conclusion than that the purported explanation on the notice of how the Penalty Fare may be paid, is untrue and/or inaccurate.
Accordingly, I was therefore not provided with the information required to be provided by Regulation 5(2)(i), and consequently this appeal must be allowed because, as per Regulation 16(3)(a), the Penalty Fare has not been charged in accordance with the requirements of the Regulations.
(4) Regulation 8(2) requires that:
"Where any entrance onto a platform at the station is not the entrance to, or situated within, a compulsory ticket area, a notice complying with the requirements of paragraph 1 of Part 1 of Schedule 1 ("a standard notice") must be displayed at that entrance."
The general template which the operator uses for their Penalty Fare warning signage does not comply with the requirements of paragraph 1 of Part 1 of Schedule 1. This is because it does not comply with paragraph 1(1)(c) of that Part, which requires that "A standard notice must contain the wording "Please buy your ticket before you travel otherwise you may be charged a Penalty Fare"". This exact wording, as required by the Regulations, simply is not present on the signage.
Similarly, the signage does not comply with paragraph 1(1)(d), which requires that "A standard notice must contain the wording "A Penalty Fare is £20 or twice the full single fare applicable to your journey (whichever is greater)"". This exact wording, as required by the Regulations, simply is not present on the template.
Accordingly, Regulation 8(2) was not complied with, and consequently this appeal must be allowed because, as per Regulation 16(3)(a), the Penalty Fare has not been charged in accordance with the requirements of the Regulations.
(5) Regulation 8(4) requires that:
"Standard notices and compulsory ticket area notices must also be displayed at sufficient locations around the station so that at least one notice is readily visible to passengers prior to boarding a train at the station, including passengers changing from one train to another train."
I have no recollection of having seen any such notice prior to boarding the train at the station. The operator is put to strict proof that signage was displayed at sufficient locations such as to be readily visible prior to boarding the train.
Accordingly, Regulation 8(4) was not complied with, and consequently this appeal must be allowed because, as per Regulation 16(3)(a), the Penalty Fare has not been charged in accordance with the requirements of the Regulations.
I await your response confirming that you have allowed this appeal.
Yours faithfully,
[Your name]