damola3
Member
Hi,
I have an issue appealing a penalty fare. I will give you a brief explanation and have the longer version I made a FB post of below.
At the end of June, I decided to go to a local festival midday to a station that's 10 minutes away. At my home station, there was nobody at the ticket office and my TOC C2C had yet another issue with their purchase system meaning that I was not able to purchase a ticket on their app and machine.
When I got to my destination station, I had a dispute with an officer. There were up to 10 security at the gates and I went to explain what's happened. To cut things short, an explosive argument and quite frankly inappropriate behaviour. The ticket officer accused me of attemting to commit fraud, when they know that there are often outages and issues with ticket purchases on C2C. Their apps and machines often have outages. In fact, 2 days later, I took a train ride to a local station and had to purchase my ticket at my destination, explaining to security.
I was infuriated at the ticket officer for accusing me of fraud. I explained that she did not know me, nor could she disprove what I say. She then said that I should have used contactless, even though Railcard Regulations state that I have the right to but a ticket at my destination if there's no means to purchase a Railcard ticket. Note that this is not TFL. She said that they would not physically let me out of the station unless I paid a penalty fare, knowing that this is against the law. She said that I do this or go back to my destination station. Now, for quick context, the last time I passed her in another local station, she subjected me to a degrading spot-check upon seeing my face.
They are not police officers. They possess no right to actually apprehend me, ferry me on a train back and prevent me from leaving a station. Knowing this, I could have left the station, but I agreed to take my name and details down upon speaking to another (more reasonable officer). I personally believe that the ticket officer deliberately did not issue a receipt in order to spite me.
I recently received a letter threatening use of a debt-collection agency, which can dock my credit score, if I did not pay within 14 days of the letter. Of course, I received the letter 9 days after its date via Royal Mail. It takes max 2 days for items to come via Royal Mail. They deliberately sent it after the date of the letter. They operate like Gangsters. I have asked my TOC for CCTV footage if they even have it and IRCAS denied my appeal. They said that it's my responsibility to take care of the receipt after issuing the penalty fare (even though I don't ever remember receiving any) and rejected out of hand since it's over 21 days later!
I originally appealed on the grounds that it was not lawful in the first place, as I have a right to purchase via railcard discount. I have asked my TOC for CCTV footage of the officer (they keep it for 3 months), but I fear that they will simply lie and claim that they don't have it, or refuse to hand it over as they often do.
I would like some advice on how to proceed further. I paid the £100 to avoid issues with mortgages etc in the future; as is the nature of the threat. I have decided to try Section 75, as I paid the penalty fare with a credit card. I believe that it's false representation to say I may travel with a valid ticket if there is no means to purchase a railcard ticket according to regulations, although I'm sure that there will be difficulty with the bank.
Long Version:
I have an issue appealing a penalty fare. I will give you a brief explanation and have the longer version I made a FB post of below.
At the end of June, I decided to go to a local festival midday to a station that's 10 minutes away. At my home station, there was nobody at the ticket office and my TOC C2C had yet another issue with their purchase system meaning that I was not able to purchase a ticket on their app and machine.
When I got to my destination station, I had a dispute with an officer. There were up to 10 security at the gates and I went to explain what's happened. To cut things short, an explosive argument and quite frankly inappropriate behaviour. The ticket officer accused me of attemting to commit fraud, when they know that there are often outages and issues with ticket purchases on C2C. Their apps and machines often have outages. In fact, 2 days later, I took a train ride to a local station and had to purchase my ticket at my destination, explaining to security.
I was infuriated at the ticket officer for accusing me of fraud. I explained that she did not know me, nor could she disprove what I say. She then said that I should have used contactless, even though Railcard Regulations state that I have the right to but a ticket at my destination if there's no means to purchase a Railcard ticket. Note that this is not TFL. She said that they would not physically let me out of the station unless I paid a penalty fare, knowing that this is against the law. She said that I do this or go back to my destination station. Now, for quick context, the last time I passed her in another local station, she subjected me to a degrading spot-check upon seeing my face.
They are not police officers. They possess no right to actually apprehend me, ferry me on a train back and prevent me from leaving a station. Knowing this, I could have left the station, but I agreed to take my name and details down upon speaking to another (more reasonable officer). I personally believe that the ticket officer deliberately did not issue a receipt in order to spite me.
I recently received a letter threatening use of a debt-collection agency, which can dock my credit score, if I did not pay within 14 days of the letter. Of course, I received the letter 9 days after its date via Royal Mail. It takes max 2 days for items to come via Royal Mail. They deliberately sent it after the date of the letter. They operate like Gangsters. I have asked my TOC for CCTV footage if they even have it and IRCAS denied my appeal. They said that it's my responsibility to take care of the receipt after issuing the penalty fare (even though I don't ever remember receiving any) and rejected out of hand since it's over 21 days later!
I originally appealed on the grounds that it was not lawful in the first place, as I have a right to purchase via railcard discount. I have asked my TOC for CCTV footage of the officer (they keep it for 3 months), but I fear that they will simply lie and claim that they don't have it, or refuse to hand it over as they often do.
I would like some advice on how to proceed further. I paid the £100 to avoid issues with mortgages etc in the future; as is the nature of the threat. I have decided to try Section 75, as I paid the penalty fare with a credit card. I believe that it's false representation to say I may travel with a valid ticket if there is no means to purchase a railcard ticket according to regulations, although I'm sure that there will be difficulty with the bank.
Long Version:
I'd like to give a overview of an absolutely dreadful experience that I've had with C2C this weekend, some rights that we have as consumers and an explanation behind the IT aspects some issues.
It includes an illegal threat to apprehend me by a ticket inspector and some ignorance on their behalf of National Rail Conditions of Travel.
Please do excuse my French below. I was agitated for good reason.
Before I go into the story, my background is that I sell IT Consulting and software development services via my own company. I have a few ideas why C2C have so many IT issues.
Firstly, as you can see in the video below, the button to find tickets on the ticket machine was not working today at my home station. One reason that the touchscreen has issues measuring presses is the type of technology they use.
The one on the C2C machines is called a "resistance touchscreen" it registers input by the amount of force generated on the screen. These are the cheapest of the cheap touchscreens. They're inaccurate, so it can be difficult to press a button from the right angle, unless your viewpoint is right above the screen.
I also suspect maybe that text of the button is programmed to register presses, rather than the entire purple button itself.
Secondly, it's common that C2Cs new IT backend can br very slow at showing tickets to purchase on both app and ticket machine. I suspect a very specific reason for this.
In the background, there are computers running C2Cs own code that's connected to their databases to relay this information. Of course, 1 computer alone can't serve the entire network without being incredibly slow. We have what's called a "devops" configuration. When demand is high, it will scale up the number of virtual machines that are rented from a cloud provider. Depending on their configuration, it could take a few minutes, 20-30 mins or even an hour.
It's possible that some times, a demand surge isn't expected and that C2Cs IT system have few virtual machines running. This would overload the system and make it very slow. You want your number of virtual machines serving the network to be low, to save money on infrastructure costs.
Thirdly, their app and their ticket machines appear to be connected to the same backend. I believe that ticket offices use a legacy system, hence I have no issues at ticket machines when their new system is tripping up.
Now let's go to my horrific Saturday. I live a few mins away from Thorpe Bay station. I decided to try and purchase tickets via the C2C app approx 15 minutes away from train departure. On the walk on the way to the station, I was on the app, going back to the homepage and tapping on "Find times and Tickets"
The app was not only slow, but timing out before it had the chance to display train times for tickets.
I arrived at the station just before the train pulled in and there was nobody at the station. No security or ticket officer. Just those dreadful pink ticket machines.
I knew that there was no hope in getting a ticket within a reasonable timespan, given that the machines never show tickets when the app does not, so I hopped on the train intending to purchase a ticket on the way there. It still was not working, it was slow and the app was timing out when I selected any train times.
I arrived at Leigh intending to purchase the ticket at my destination, which is where their were at least 8 ticket officers + fraud investigators etc.
When I explained my situation, I was pulled aside by an Eastern European looking lady, who gave me an experience from hell. She attempted to force me to pay a fine on the spot. I quoted Rail Fares Rules 2002 and insisted that I should pay only the single fare from my origin to my destination. Now post-hoc, it turns out that this legislation had been outdated and that the new legislation from 2018 increased the minimum penalty fare, that they may charge.
What made me incredulous is that she accused me of dishonesty and I explained that she couldn't prove anything. I told her that she was being unprofessional and that while I understand that she has a job to do, she is not a criminal prosecution lawyer. I am more than happy to follow rules and procedure, but I am not there to be bullied at the dictat of an ignorant inspector.
She then stated that I should get a train back or they would keep me in the station. I'd been arguing back and forth by 5-10 minutes back this point over Rail legislation and fines. I told her quite responsibility that they have no right to force me on a train or apprehend me in the station. There is no basis in law to restrict my movement in private property. I have a right to leave to leave the station.
Here's her first mistake. She insisted that they could and would keep me in the station. As soon as she says that, a Criminal Act has been committed. Quite frankly, I said this to make the case that I was only remaining there to iron out the issue in good faith.
She told me that I should've been using contactless if the machines and app wouldn't have been working. I explained that I had wanted to use a railcard, which is why I do not use contactless. She insisted that I should have purchased a full priced ticket with contactless anyways. The same contactless which C2C have been telling customers not to use.
Before I continue further, you must've heard about the insane penalty fare rules and thousands of ludicrous criminal convictions handed out in the news. Simply for people forgetting their railcard expired a few weeks ago, or travelling on peak with an off peak ticket (which was handed out at the time of departure).
Rail offences by law are a "strict liability" offence, meaning that they are always a criminal act, regardless of intention to deceive or not. The Rail system and its legislation is so complex, that theoretically, everybody that has traveled on the UK rail network could be handed a criminal record.
To continue, there are exceptions to this law.
1) There are no facilities within your available means of payment at the time to purchase a valid ticket.
2) You are ordinarily able to purchase a travel ticket at the station at that time of day with your available means of payment.
https://www.railcard.co.uk/help/railcard-terms-and-conditions/
Now, there's another layer to this. According to 2.7 the National Railcard Terms of Service (which is legally binding), if there are no facilities to purchase a railcard ticket at the time, then you are classified as having no facilities to purchase a valid ticket at the time. In other words, they have no right to force you into a full priced ticket if you can't purchase one with your railcard. The lady was wrong here.
https://www.26-30railcard.co.uk/help/railcard-terms-conditions/
I insisted that I had a record of honesty and she requested my smartcard. If you are not all aware, any card that any company issues you is their property. I was 100% aware of that. I was willing to show that I have a record for honesty, and since I was not hostile, I was trying to display a degree of cooperation. This didn't stop her disrespect. Her colleague who said that he conducts fraud investigations came to step in who took the card and inspect my previous ticket purchases.
He then specified that my previous train journeys had been purchased under "season ticket". I didn't understand what the issue was. He explained to me that one cannot use a railcard simultaneously with a season ticket. He then understood and said that the app probably just says "season ticket" even when one buys a travelcard. This means that C2C had a data validation error on their part.
I voiced my frustration and what had happened, so he defused things and understood that I quite clearly wasn't trying to deflect payment. He handed the smartcard to the lady, as I agreed for them to take my information down. She proceeded to lie and claim that she only "repeated what I said". Earlier, I had tried to show her that the app was not performing properly. It was slow and it took multiple times of trying to find tickets, a very long loading screen and me going back to restart it again. That's when she insisted that I lied. I suggested at this point that maybe she mean that she couldn't prove it at the time and that she intended to say that.
Nope, she remained arrogant and straight up lied, saying that she "only repeated what I said". That's worse is that a few minutes into this incident, she told me that she's 'recording this interaction on her bodycam for her own safety'. I was incredulous because she had accused me of lying, she'd been unprofessional and when I explained that I actually developed IT systems like this for a living, she was rude, dismissive and arrogant. She then proceeds to act like I'm a criminal and then uses threats to detain me or ship me back to my origin station.
Once given their tablet/phone to enter my details, she asked me for ID in such a condescending manner. I refused and entered my correct name + address. According to rail bylaws and penalty fares legislation, this is all the information that I must give. If you remember, she had hold of my smartcard and decided to look it up (as part of her power move).
Honestly, this really understates the level of disrespect, condescension and arrogance of this female ticket inspector. What's worse is that she's committed a criminal offence, when she threatened to not let me out of the station, when I suggested that she had no right to do so, or send me on a train back to where I came from.
False imprisonment as a Civil Tort is a non-liability offence, meaning that I don't even need to prove intent. It's also a criminal offense, that she committed on her bodycam. I am respectful, but I do not react favourably to bullying and intimidation.
I was so incredulous afterwards, that in my head, I was going to contact the CPS to make the allegation of unlawful apprehension and even appeal to the High Court if they refused to proceed further. The only way she would get out of it is if C2C would destroy the video evidence that she ironically provided.
I calmed down by the next day and luckily, I am not so vindictive, though I will have harsh words for C2C via complaint and via the regulator. It does say that some people do go to stupid lengths to antagonise people and do not like to admit to when they've made a mistake or done something that they shouldn't have.
The man who said he investigated fraud was taking a break outside when I spoke to him again. I had been incredulous due to poor ticketing experiences in the past, like having issues with a zone 2-5 travelcard in the past within London. He explained to me that when one travels into London from Essex, the ticket is not valid, as you would've passed from zone 6 on the way in. He told me that people often have innocuous errors due to such a complex ticketing system.
I had often had issues in the past, as at Southend Central, the security on the back entrance of the station were often agency staff who hadn't been trained. Many times I had come with a ticket, which hadn't let me through the gate because it was a railcard ticket. There is a error code on the gates which explain the reason why. Sometimes, he staff didn't understand that this was because they were supposed to check my railcard and there was a specific error code for this.
Many people at Southend Central used to barge past or climb the barriers, so they tightened security checks and told security many times that they aren't to let a single person through without a working ticket. Since they weren't trained on the error codes, I've almost been denied entry and essentially engaged in a shouting match with security on multiple occasions.
To be fair to C2C, they fixed this after I formalised my complaint. There are also many other other unpleasant occasions that I've been denied entry for a good 15 minutes because of poor training and poor data management on C2Cs app.
This rant is over, though this information will form the basis of a complaint that I will directly make to C2C and SRA (Strategic Rail Authority).