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Penalty Fare- After providing correct ticket and railpass

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Ca8

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Hello all, I greatly need your advice.

On 29th July, 2025, I got on a train at Coventry Station, heading to Birmingham New Street. I purchased an Anytime Single ticket on the Trip app and boarded the London Northwestern Train which was late. At Tile Hill, a ticket officer came round to inspect tickets, for which I provided my e-ticket and then he asked me for my rail card. I have a digital rail card, so I got on the railcard app to try and provide it for him. The internet connection was poor, so I asked him to give me a minute to load the railcard. He said no, and stood towering over me. I immediately panicked and immediately I saw the railcard loading I just showed him my railcard and he said it was expired. I was confused, because I renewed my railcard on 22nd July, so there was no way it was expired. He then started asking me for my details, amidst my begging him to give me a minute for the 2nd railcard to load. As I knew I had one. He said no and issued me a penalty fare notice while frantically tried to connect to the onboard wifi to show him the correct one. After a minute, I finally had my current railcard and showed it to him. He was insistent that I had just purchased the railcard, which I couldn't have, because my railcard says it was renewed on 22nd July.
I refused to collect the PF notice as I told him he was being unfair, as did the people sitting in my section. He said he would mail the PF notice to me. All this happened within 5 mins on July 29th. The train never even made it Birmigham Newstreet as it was delayed for 30mins at Birmigham International, so we had to get off onto another train headed in that direction.

Flash forward to 1st September, I received a reminder notice from IRCAS, stating that I had forfeited my right to appeal because I didn't submit an appeal within 21 days of receiving the PF Notice. And I now had to pay £115 with 14 days from the date of the letter (21st August). I never received the PF notice, the ticket office took it away and never mailed it. As such, there was no way for me to even have the REF number to appeal. This means that I have till 4th Sept (tomorrow) to make the payment or risk being prosecuted for evasion/ it affecting my credit score. I sent an appeal to IRCAS immediately I received the letter, which was already late by over a week, giving me a slim chance to even get help. My appeal currently says,
"Your appeal is awaiting assessment. Due to high volumes of appeals, your response may be delayed, however your case is currently on hold, and a response will be issued as soon as possible."
As a foreigner, I have worked really hard on my credit score and I do not want to bear that risk. As a result, I just paid the fine today, 3rd Sept. I still however want to move forward with this because I don't appreciate my name being lied on. I have already filed a complaint report with London Northwestern Railway about their ticket officer.

How do I continue to follow this up and get reimbursed?
 
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enyoueffsea

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I refused to collect the PF notice as I told him he was being unfair,

This was your error. You’ve cut your nose off to spite your face and surrendered the opportunity to appeal, which probably would have been successful, as you refused to take the notice to receive the reference number required.

As such, there was no way for me to even have the REF number to appeal.

Yes there was. You refused to take the notice.

This means that I have till 4th Sept (tomorrow) to make the payment

You did the right thing by making the payment. Your appeal will be rejected for being out of time.

How do I continue to follow this up and get reimbursed?

Your complaint will be the only avenue for that but it is extremely unlikely they will do so.
 

gray1404

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I do not see how they can enforce a penalty fare that was never issued. You didn't accept the penalty fare and that left the inspector with the option of filing a report or doing nothing.

The inspector has in essence falsified their records.by recording that at penalty fare as been issued to you as that means you accepting the notice.

Furthermore, it does not sound like the inspector gave you a reasonable amount of time to produce your Railcard. In a situation like this though it would have been better to accept the notice as we could have helped you lodge an appeal producing the valid Railcard.
 

AlterEgo

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What's the expiry date of the second railcard? This is a vitally important question.
 

WesternLancer

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Hello all, I greatly need your advice.

On 29th July, 2025, I got on a train at Coventry Station, heading to Birmingham New Street. I purchased an Anytime Single ticket on the Trip app and boarded the London Northwestern Train which was late. At Tile Hill, a ticket officer came round to inspect tickets, for which I provided my e-ticket and then he asked me for my rail card. I have a digital rail card, so I got on the railcard app to try and provide it for him. The internet connection was poor, so I asked him to give me a minute to load the railcard. He said no, and stood towering over me. I immediately panicked and immediately I saw the railcard loading I just showed him my railcard and he said it was expired. I was confused, because I renewed my railcard on 22nd July, so there was no way it was expired. He then started asking me for my details, amidst my begging him to give me a minute for the 2nd railcard to load. As I knew I had one. He said no and issued me a penalty fare notice while frantically tried to connect to the onboard wifi to show him the correct one. After a minute, I finally had my current railcard and showed it to him. He was insistent that I had just purchased the railcard, which I couldn't have, because my railcard says it was renewed on 22nd July.
I refused to collect the PF notice as I told him he was being unfair, as did the people sitting in my section. He said he would mail the PF notice to me. All this happened within 5 mins on July 29th. The train never even made it Birmigham Newstreet as it was delayed for 30mins at Birmigham International, so we had to get off onto another train headed in that direction.

Flash forward to 1st September, I received a reminder notice from IRCAS, stating that I had forfeited my right to appeal because I didn't submit an appeal within 21 days of receiving the PF Notice. And I now had to pay £115 with 14 days from the date of the letter (21st August). I never received the PF notice, the ticket office took it away and never mailed it. As such, there was no way for me to even have the REF number to appeal. This means that I have till 4th Sept (tomorrow) to make the payment or risk being prosecuted for evasion/ it affecting my credit score. I sent an appeal to IRCAS immediately I received the letter, which was already late by over a week, giving me a slim chance to even get help. My appeal currently says,
"Your appeal is awaiting assessment. Due to high volumes of appeals, your response may be delayed, however your case is currently on hold, and a response will be issued as soon as possible."
As a foreigner, I have worked really hard on my credit score and I do not want to bear that risk. As a result, I just paid the fine today, 3rd Sept. I still however want to move forward with this because I don't appreciate my name being lied on. I have already filed a complaint report with London Northwestern Railway about their ticket officer.

How do I continue to follow this up and get reimbursed?
Others might suggest other options)which I suspect will be complicated and time consuming to pursue) but I think you need to pay this urgently.

By refusing to take the penalty fare info you made it difficult to pursue the appeal that you could probably have won. IMHO that’s too late now.

The ability to pay may well be withdrawn on that deadline and action commenced to prosecute you instead. That will cost you more to resolve I fear if that happens.

None of this will be helped by IRCAS being a difficult organisation to deal with unfortunately so I suspect your more recent effort to appeal to them will get rejected.

If anyone thinks this is wrong please correct me so the op can decide what best to do asap.

Separately
Your train delay would have entitled you to delay repay compensation for the fare. But if you did not claim it within 21 days you will have lost the ability to claim by now unfortunately.
 
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furlong

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Firstly, if you paid the PF and held a valid railcard, you should just use the 'forgotten railcard' provision to get the PF refunded in full. That's the documented procedure for someone forgetting their railcard which can be used once a year. Contact customer relations at the train company with the relevant details. Don't make it complicated by trying to explain everything like you did here! It's just a straightforward refund of the PF because you weren't able to show your valid railcard at the time under the once-a-year "forgotten railcard" provision.

The point about whether it was a valid PF or not is more interesting, but if they agree to refund it as above, nothing turns on it. Might be worth its own thread.

5.—(1) Subject to regulations 6, 7 and 10, if a person fails to produce a platform ticket or a valid travel ticket in accordance with regulation 4, a collector may charge that person a penalty fare.

(2) Where a collector charges a penalty fare to a person under paragraph (1), the collector must provide that person with the following information in writing at the time the penalty fare is charged—
(a) a statement that the person is being charged a penalty fare;...

So the inspector has the power to charge a penalty fare and has exercised that power.

Having done so, certain information must be provided in writing.

The passenger refuses to accept such written documentation.

Is the PF enforceable?
 

fandroid

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There's obviously a problem with the OP's app loading an expired Railcard before the valid one. That needs to be pursued with the provider, as it directly caused the imposition of the Penalty Fare. Which app was the Railcard held on?
 

Ca8

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What's the expiry date of the second railcard? This is a vitally important question.
The second railcard expires on 22 June 2026

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I wasn’t aware there was a forgotten railcard provision.

I shall try that option. Thank you.

Firstly, if you paid the PF and held a valid railcard, you should just use the 'forgotten railcard' provision to get the PF refunded in full. That's the documented procedure for someone forgetting their railcard which can be used once a year. Contact customer relations at the train company with the relevant details. Don't make it complicated by trying to explain everything like you did here! It's just a straightforward refund of the PF because you weren't able to show your valid railcard at the time under the once-a-year "forgotten railcard" provision.

The point about whether it was a valid PF or not is more interesting, but if they agree to refund it as above, nothing turns on it. Might be worth its own thread.



So the inspector has the power to charge a penalty fare and has exercised that power.

Having done so, certain information must be provided in writing.

The passenger refuses to accept such written documentation.

Is the PF enforceable?

== Doublepost prevention - post automatically merged: ==

There's obviously a problem with the OP's app loading an expired Railcard before the valid one. That needs to be pursued with the provider, as it directly caused the imposition of the Penalty Fare. Which app was the Railcard held on?
It is on the railcard app

== Doublepost prevention - post automatically merged: ==

Others might suggest other options)which I suspect will be complicated and time consuming to pursue) but I think you need to pay this urgently.

By refusing to take the penalty fare info you made it difficult to pursue the appeal that you could probably have won. IMHO that’s too late now.

The ability to pay may well be withdrawn on that deadline and action commenced to prosecute you instead. That will cost you more to resolve I fear if that happens.

None of this will be helped by IRCAS being a difficult organisation to deal with unfortunately so I suspect your more recent effort to appeal to them will get rejected.

If anyone thinks this is wrong please correct me so the op can decide what best to do asap.

Separately
Your train delay would have entitled you to delay repay compensation for the fare. But if you did not claim it within 21 days you will have lost the ability to claim by now unfortunately.
I have already paid the fine. Thank you for your insight. I did harm myself by refusing to take the penalty notice, which I realized after the fact.

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I do not see how they can enforce a penalty fare that was never issued. You didn't accept the penalty fare and that left the inspector with the option of filing a report or doing nothing.

The inspector has in essence falsified their records.by recording that at penalty fare as been issued to you as that means you accepting the notice.

Furthermore, it does not sound like the inspector gave you a reasonable amount of time to produce your Railcard. In a situation like this though it would have been better to accept the notice as we could have helped you lodge an appeal producing the valid
I do not see how they can enforce a penalty fare that was never issued. You didn't accept the penalty fare and that left the inspector with the option of filing a report or doing nothing.

The inspector has in essence falsified their records.by recording that at penalty fare as been issued to you as that means you accepting the notice.

Furthermore, it does not sound like the inspector gave you a reasonable amount of time to produce your Railcard. In a situation like this though it would have been better to accept the notice as we could have helped you lodge an appeal producing the valid Railcard.
The falsification part is my main issue. In hindsight, maybe I should have accepted it. But I didn’t understand why he would even generate one after having seen my valid railcard. That was why I was adamant.
 
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WesternLancer

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The second railcard expires on 22 June 2026

== Doublepost prevention - post automatically merged: ==

I wasn’t aware there was a forgotten railcard provision.

I shall try that option. Thank you.



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It is on the railcard app

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I have already paid the fine. Thank you for your insight. I did harm myself by refusing to take the penalty notice, which I realized after the fact.

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Thanks. Before using the forgotten railcard policy (this is a good idea) I suggest you post a draft of your request for refund wording here for people to check in order to help you get the railway language terminology correct before you send it.
 

gray1404

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So just to be clear you have now paid the penalty fare and are now going to contact customer services to enforce to "one chance per year" forgotten railcard policy? Let us know if you need any help drafting something to customer service.

Attach a copy of your ticket, in date railcard and proof of payment of the penalty fare.

I would keep it simple and to the point.

There is nothing stopping you asking them to pay out the owed delay replay amount too for the 30 minute delay.

After you have sorted out the refund of the penalty fare you can then respond to customer service making a separate complaint about the inspector not giving you a reasonable amount of time to locate your Railcard. But I'd save this for now.
 

Ca8

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This was your error. You’ve cut your nose off to spite your face and surrendered the opportunity to appeal, which probably would have been successful, as you refused to take the notice to receive the reference number required.



Yes there was. You refused to take the notice.



You did the right thing by making the payment. Your appeal will be rejected for being out of time.



Your complaint will be the only avenue for that but it is extremely unlikely they will do so.
I did in fact cut my nose. I realise that in hindsight. But I still didn’t understand the concept of being issued a PF even after providing the correct railcard. And the ticket officer was just being condescending.

Thank you for your insight

== Doublepost prevention - post automatically merged: ==

So just to be clear you have now paid the penalty fare and are now going to contact customer services to enforce to "one chance per year" forgotten railcard policy? Let us know if you need any help drafting something to customer service.

Attach a copy of your ticket, in date railcard and proof of payment of the penalty fare.

I would keep it simple and to the point.

There is nothing stopping you asking them to pay out the owed delay replay amount too for the 30 minute delay.

After you have sorted out the refund of the penalty fare you can then respond to customer service making a separate complaint about the inspector not giving you a reasonable amount of time to locate your Railcard. But I'd save this for now.
Yes, I’ve now paid the Penalty fare, didn’t want the credit score being affected

I’ll draft a letter based of all your advice and share it here before sending it.

Thank you very much
 
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Cantab26

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I do not see how they can enforce a penalty fare that was never issued. You didn't accept the penalty fare and that left the inspector with the option of filing a report or doing nothing.

The inspector has in essence falsified their records.by recording that at penalty fare as been issued to you as that means you accepting the notice.
This is an unfounded accusation of dishonesty against the RPI.

It seems fairly clear that the penalty fare was issued, printed and that the OP refused to take the chitty:
I refused to collect the PF notice

So the inspector has the power to charge a penalty fare and has exercised that power.

Having done so, certain information must be provided in writing.

The passenger refuses to accept such written documentation.

Is the PF enforceable?
Yes, the penalty fare is enforceable as long as the written information was proffered. It would clearly be inimitable to the purpose of the regulations for a passenger to side-step a penalty fee by refusing to accept the written information.

There is a significant volume of case law on this subject i.e. what ‘counts’ as giving someone a notice if that person is…unco-operative. For example, leaving it on the floor next to the person is a valid means of service if the person refuses to take a written notice into his hand.

There is no mileage in this line of argument.
 

WesternLancer

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I did in fact cut my nose. I realise that in hindsight. But I still didn’t understand the concept of being issued a PF even after providing the correct railcard. And the ticket officer was just being condescending.

Thank you for your insight

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Yes, I’ve now paid the Penalty fare, didn’t want the credit score being affected

I’ll draft a letter based of all your advice and share it here before sending it.

Thank you very much
This info may be of help

Scroll down to the one ‘what should I do if I forget my railcard’ as it’s under this provision that you need to contact them as advised.

== Doublepost prevention - post automatically merged: ==

I’ll draft a letter based of all your advice and share it here before sending it.

Thank you very much

@Ca8

From the link above:

The first time you forget your Railcard in a 12 month period you can contact our Customer Relations team for a refund on the replacement ticket. Include:
  • A copy of your original ticket
  • Your Railcard (which must have been valid at the time of travel), and
  • The new ticket you bought
The sequence of links to do this on line is not 100% clear IMHO - so I would use this link below and select the option 'I would like to make a general enquiry' - alternatively you could write to them in hard copy post - whatever you do make a copy or screen shot of everything you send before you press submit if doing it on line, or on paper if posting it.

It would be easier if anyone here knows an e-mail address for their customer services but it's not published on their contact us web page - neither in fact is a postal address which I think is pretty poor.... or not one I can find easily



I think you could get away with something fairly short and focussed to start off with for example

Send to LNW Railway (not IRCAS I suspect, but also send IRCAS a copy)

START OF DRAFT
---------------------------------------

Dear Sir / Madam

Re: Request for refund under the Forgotten Railcard Policy
Reference: [Insert the penalty fare reference which is presumably on the reminder letter from IRCAS that you got sent]


On 29 July 2025 I was issued with a Penalty Fare during a journey between X and Y. Although I held a valid ticket and a valid Railcard, despite my best efforts I was unable to display the Railcard quickly enough on my phone to satisfy the Inspector, so was given a Penalty Fare.

I have subsequently paid £xxx to settle the Penalty Fare and prevent the matter escalating. I enclose a copy of my proof of payment.

I have now learned that the 'Forgotten Railcard Policy' means that I should have this money refunded on production of my valid Railcard to the London North Western Railway Customer Relations teams as outlined on your website under the FAQ 'What should I do if I forget my Railcard'.

I am enclosing:
- a copy of my ticket for that journey
- a copy of my valid railcard
- a copy of a letter from IRCAS regarding the Penalty Fare
- a copy of the proof of payment / receipt of the Penalty fare payment made that I am requesting be refunded in full (£xxx)

My bank account details for payment of the refund are:

Name
Sort Code
Account Number

I look forward to hearing from you regarding this matter and thank you in advance for your assistance.

Yours faithfully

xxxx

END OF DRAFT
-------------------------------------------

Hopefully you will get some sort of auto acknowledgment when you submit this to them - if so keep it. If you decide to send this buy post consider getting tracked postage form a post office (not the more expensive guaranteed next day delivery). This is so you can prove they have received it if you need to.

If they reject this request or fail to action it we can advise on your next steps (including passing the matter to the Ombudsman for example) - so it's really important you keep all the information and copies of things associated with this so you can take this further if required
 
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Ca8

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This is an unfounded accusation of dishonesty against the RPI.

It seems fairly clear that the penalty fare was issued, printed and that the OP refused to take the chitty:



Yes, the penalty fare is enforceable as long as the written information was proffered. It would clearly be inimitable to the purpose of the regulations for a passenger to side-step a penalty fee by refusing to accept the written information.

There is a significant volume of case law on this subject i.e. what ‘counts’ as giving someone a notice if that person is…unco-operative. For example, leaving it on the floor next to the person is a valid means of service if the person refuses to take a written notice into his hand.

There is no mileage in this line of argument.
The ticket attendant placed the PF notice on the table and took it back when I told him he was being unfair for issuing it in the first place.
 

reb0118

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Furthermore, it does not sound like the inspector gave you a reasonable amount of time to produce your Railcard.

Define reasonable. Not wishing to veer too far off topic but those unable to immediately produce their railcard slow down on train ticket checking significantly - in essence they allow other passengers to get away without paying. Yes there will be a certain amount of latitude, but having to spoon feed a significant amount of passengers through a myriad of apps can be very time consuming.
 

WesternLancer

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Define reasonable. Not wishing to veer too far off topic but those unable to immediately produce their railcard slow down on train ticket checking significantly - in essence they allow other passengers to get away without paying. Yes there will be a certain amount of latitude, but having to spoon feed a significant amount of passengers through a myriad of apps can be very time consuming.
Well to some extent that’s the price the rail industry must accept for offering those tickets and railcards on line in my view.

For example I’ve never been denied entry to the cinema because I can’t get my ticket uploaded to show the usher in less than x seconds.

The railway wants to sell tickets on line and get the financial savings from doing so. If it then needs to employ more staff to do a ticket check on the train it should have costed that aspect into the equation.

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The ticket attendant placed the PF notice on the table and took it back when I told him he was being unfair for issuing it in the first place.
With respect this argument is going nowhere in terms of refunding your money. I’d advise you to get a request in as I suggested a draft of above asap.
 

furlong

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The ticket attendant placed the PF notice on the table and took it back when I told him he was being unfair for issuing it in the first place.
Is that akin to cancelling it as it frustrates the purpose of giving you that information in writing? It cannot be legitimate to give the information in writing then take it away again!

What were the full circumstances here? Was it recorded on bodycam? I think there'd be a heavy presumption that it was valid but the only circumstances I can imagine where it could be taken back legitimately would be if something you said afterwards indicated you'd lied materially and he had to cancel it and either reissue or report for prosecution.
 

WesternLancer

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I think there'd be a heavy presumption that it was valid but the only circumstances I can imagine where it could be taken back legitimately would be if something you said afterwards indicated you'd lied materially and he had to cancel it and either reissue or report for prosecution.
Which presumably the inspector did not do hence the warning letter telling the op to pay that was sent regarding the Penalty Fare.

And I assume the op can have no proof of any of this such as a video recording whereas the staff member is quite likely to have body cam recorded the incident.
 

Haywain

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For example I’ve never been denied entry to the cinema because I can’t get my ticket uploaded to show the usher in less than x seconds.
Have they let you in to see the film and they'd come back and check the ticket later? I suspect not, and therefore you were being denied entry.
 

WesternLancer

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Have they let you in to see the film and they'd come back and check the ticket later? I suspect not, and therefore you were being denied entry.
It was the time they would be prepared to wait for me that was the point I was making really.
 

reb0118

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It was the time they would be prepared to wait for me that was the point I was making really.

Yes, but unlike a train you're not actually using the service at the same time as being checked.

My issue is not with the person who has to check their jacket or bag for a railcard on occasion, but rather the ones who have to scoll through their emails to find a link to their railcard purchase to an app they have not yet downloaded. An interaction that should takes seconds now taking minutes.

But we digress, any further discussion about the amount of time required to find a railcard might be better dealt with in its own thread.
 
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MotCO

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Is that akin to cancelling it as it frustrates the purpose of giving you that information in writing? It cannot be legitimate to give the information in writing then take it away again!
Does the case turn on the fact that the inspector took the penalty fare ticket away again, therefore it was not 'issued' ? If he had left it on the table, and the OP did not pick it up, then that would be a different matter and the PF could have been deemed to have been 'issued'.
 

WesternLancer

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Does the case turn on the fact that the inspector took the penalty fare ticket away again, therefore it was not 'issued' ? If he had left it on the table, and the OP did not pick it up, then that would be a different matter and the PF could have been deemed to have been 'issued'.
I suspect it doesn’t turn on that iirc because the time to argue stuff like that at Appeal has been lost due to deadline missed iirc.
 

IanMac

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In my very limited experience (mainly on LNER) the ticket checkers announce their arrival in the carriage loudly with "Full ticket check, please have all tickets and railcards available for inspection". Most passengers then get theirs ready whether paper or online.
 

kristiang85

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Define reasonable. Not wishing to veer too far off topic but those unable to immediately produce their railcard slow down on train ticket checking significantly - in essence they allow other passengers to get away without paying. Yes there will be a certain amount of latitude, but having to spoon feed a significant amount of passengers through a myriad of apps can be very time consuming.
A couple of times my phone has been slow in displaying the card (a problem that never happened in the good old days of paper!), and both times the checker has said no problem, they will come back later (though both times I caught up with them to show them when it had loaded, much to their appreciation). It sounds like the person in this case was being quite unreasonable.
 

Ca8

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What were the full circumstances here? Was it recorded on bodycam? I think there'd be a heavy presumption that it was valid but the only circumstances I can imagine where it could be taken back legitimately would be if something you said afterwards indicated you'd lied materially and he had to cancel it and either reissue or report for prosecution.
It was recorded on body cam. And I have witnesses on that day as well.

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In my very limited experience (mainly on LNER) the ticket checkers announce their arrival in the carriage loudly with "Full ticket check, please have all tickets and railcards available for inspection". Most passengers then get theirs ready whether paper or online.
I was in the section by the door where he stood to announce that. He was literally standing next to me before he spoke, making me the first to have been asked
 

WesternLancer

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It was recorded on body cam. And I have witnesses on that day as well.

== Doublepost prevention - post automatically merged: ==


I was in the section by the door where he stood to announce that. He was literally standing next to me before he spoke, making me the first to have been asked
Have you sent the communication I suggested in post #13 (or something like it)?

That is the practical way forward in this case I suspect - in my view anyway.

If so, have you heard back yet or had any sort of acknowledgment - eg if you submitted it on line?
 
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Ca8

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Have you sent the communication I suggested in post #13 (or something like it)?

That is the practical way forward in this case I suspect - in my view anyway.

If so have you heard back yet or had any sort of acknowledgment - eg if you submitted it on line?
Yes I have! I submitted it online like you suggested. I got an acknowledgment email stating they had received and assigned a reference number to my case. I’ll update as soon as I get any more feedback.

Thank you once again
 

WesternLancer

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15,324
Yes I have! I submitted it online like you suggested. I got an acknowledgment email stating they had received and assigned a reference number to my case. I’ll update as soon as I get any more feedback.

Thank you once again
Great - thanks for confirming - I hope this helps move things along. At least that request from you is now in their system - please do update when you know more / receive a reply. Keep that acknowledgment e-mail along with any other paperwork / messages etc relating to this.
 

Ca8

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Location
Birmingham
Have you sent the communication I suggested in post #13 (or something like it)?

That is the practical way forward in this case I suspect - in my view anyway.

If so have you heard back yet or had any sort of acknowledgment - eg if you submitted it on line?
Yes I have! I got an acknowledgment email stating they had received and assigned a
 
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