I have only received my response for my 1st appeal today - and of course, rejected.
For the 3rd level appeal:
Any decision must take the following into account:
- the principles adopted by the TfL operators
- the legal requirements, conditions of carriage and associated regulations
- precedence from previous cases
Appeals will only be upheld if TfL have failed to follow due process or exercise appropriate discretion.
so it would be sensible to refer to this particular decided case, even though the part of the letter quoted on this thread fails to provide the grounds on which they upheld the appeal. (According to the Penalty Fares Appeals Policy, the appeals panel itself seems to have no discretion, so at first sight for the
independent appeals panel to write "we are prepared to show discretion" seems to be outside its remit. It might have found that TfL, e.g. the original inspector, should have exercised discretion and not issued the penalty, or TfL should have cancelled it due to additional information available at an earlier appeal, but that's not what it appears to say, and so it could still be open to TfL to challenge this decision.)