On Thursday the 14th April 2016 my colleague purchased two tickets for travel between London Liverpool Street and Ipswich. I was returning earlier than my colleague, my ticket was checked and punched by the inspector on the train.
On reaching the barrier at Liverpool Street Station, I was unable to find my return ticket. I informed the inspector who asked me if I wanted to check my bags or return to the carriage to look for my ticket. Having searched my belonging and being unable to find my ticket I agreed to pay a penalty fare. The inspector informed me that I should provide evidence, for example the ticket receipt or bank statement to the address on the rear of the penalty fare notice and I would be able to appeal and get my payment back.
On getting home, I found my ticket within the work book I was working in, on the train. Unfortunately, I had not checked this at the station.
On the 15th April 2016 I used the AS website I made an appeal I had found my ticket on returning home and uploaded an image of the penalty fair notice and the ticket.
On the 27th April the appeals service responded:
The transport user is required to show on request a valid ticket. A ticket is evidence of permission to make a rail journey and it is the passenger's responsibility to keep it safe. It is the ticket, not the receipt, which permits travel. Tickets or receipts produced at a later date in support of an appeal will not be considered.
There was no information providing guidance about a further appeal.
In response (I had not found this website) I responded:
the Greater Anglia penalty fares notice, appealsservice.co.uk/Documents/GA_Penalty_Fares_Leaflet.pdf, states that if a passenger gets on a train without a ticket or Permit to Travel to a Station, they will be liable to pay a Penalty Fare. I would propose the facts above prove that I boarded a train with a valid ticket to travel.
Furthermore, at no point within the Penalty Fare document does it state that Tickets or receipts produced at a later date in support of an appeal will not be considered. If I had been informed that there were no grounds for an appeal at the station I may have undertaken alternate action. As it stands I was told that presenting evidence of my ticket, receipt or bank statement evidencing the payment would allow me to get refunded. That does not appear to the case here.
I would also highlight that this was a business trip for my client. I travel between London and Ipswich for my client and therefore make regular journeys along this line, and all rail charges are expensed to the client. I would therefore highlight I have no reason to avoid a fare for any reason.
It therefore appears that the Inspector in question was incorrect to inform me that I could claim back the penalty fare by following the appeal process. Neither of the situations above applies as presenting a receipt or bank statement as evidence would not allow an appeal to be upheld on the grounds detailed above.
Possibly, I have been coerced in to paying the penalty fare by the Inspector on the basis that it would be refunded on appeal. If he had made it clear there was no chance of appeal, I would have waited for my colleague, who was on a later train, and presented the receipt as evidence.
I have responded to AS, providing a image of the ticket and bank statement showing payment to GA and the details above. They have acknowledged my points they have not responded to any of them and explicitly could not comment on the guidance provided by the inspector. They have now said I cannot appeal against this.
In summary, I now find myself having paid for the original out of pocket for a further £94, that I paid in full and the station without complaint. As it stands, being helpful, not complaining and paying up has left me out of pocket, any guidance on next steps would be appreciated.
On reaching the barrier at Liverpool Street Station, I was unable to find my return ticket. I informed the inspector who asked me if I wanted to check my bags or return to the carriage to look for my ticket. Having searched my belonging and being unable to find my ticket I agreed to pay a penalty fare. The inspector informed me that I should provide evidence, for example the ticket receipt or bank statement to the address on the rear of the penalty fare notice and I would be able to appeal and get my payment back.
On getting home, I found my ticket within the work book I was working in, on the train. Unfortunately, I had not checked this at the station.
On the 15th April 2016 I used the AS website I made an appeal I had found my ticket on returning home and uploaded an image of the penalty fair notice and the ticket.
On the 27th April the appeals service responded:
The transport user is required to show on request a valid ticket. A ticket is evidence of permission to make a rail journey and it is the passenger's responsibility to keep it safe. It is the ticket, not the receipt, which permits travel. Tickets or receipts produced at a later date in support of an appeal will not be considered.
There was no information providing guidance about a further appeal.
In response (I had not found this website) I responded:
the Greater Anglia penalty fares notice, appealsservice.co.uk/Documents/GA_Penalty_Fares_Leaflet.pdf, states that if a passenger gets on a train without a ticket or Permit to Travel to a Station, they will be liable to pay a Penalty Fare. I would propose the facts above prove that I boarded a train with a valid ticket to travel.
Furthermore, at no point within the Penalty Fare document does it state that Tickets or receipts produced at a later date in support of an appeal will not be considered. If I had been informed that there were no grounds for an appeal at the station I may have undertaken alternate action. As it stands I was told that presenting evidence of my ticket, receipt or bank statement evidencing the payment would allow me to get refunded. That does not appear to the case here.
I would also highlight that this was a business trip for my client. I travel between London and Ipswich for my client and therefore make regular journeys along this line, and all rail charges are expensed to the client. I would therefore highlight I have no reason to avoid a fare for any reason.
It therefore appears that the Inspector in question was incorrect to inform me that I could claim back the penalty fare by following the appeal process. Neither of the situations above applies as presenting a receipt or bank statement as evidence would not allow an appeal to be upheld on the grounds detailed above.
Possibly, I have been coerced in to paying the penalty fare by the Inspector on the basis that it would be refunded on appeal. If he had made it clear there was no chance of appeal, I would have waited for my colleague, who was on a later train, and presented the receipt as evidence.
I have responded to AS, providing a image of the ticket and bank statement showing payment to GA and the details above. They have acknowledged my points they have not responded to any of them and explicitly could not comment on the guidance provided by the inspector. They have now said I cannot appeal against this.
In summary, I now find myself having paid for the original out of pocket for a further £94, that I paid in full and the station without complaint. As it stands, being helpful, not complaining and paying up has left me out of pocket, any guidance on next steps would be appreciated.