Hi, thank you for all of your responses and apologies for the delay in returning to this! I've looked over all of your responses as well as other posts where people have encountered the same/similar issue. I intend to submit a second appeal on the basis that the notices at Tottenham Hale are not compliant with the Regulations, as I visited the station again this morning and do not believe that to be the case. I have attached here my original penalty fare ticket, along with photos I took of the notices at the station this morning. Below, I present a draft of my appeal that I would like to submit. I have taken a lot from another (successful) appeal faced by a user who encountered almost identical circumstances to me, so it may be too similar but please advise me as best you can.
I'm also having trouble submitting a second appeal even though it is explicitly stated on my appeal rejection letter that I am welcome to submit a second appeal. When I try to submit a new appeal, it tells me there is currently one in progress and I should log on to check it's progress. When I log on, it tells me the outcome has been sent to me. I can't submit a second one. If anyone knows what the issue is please could they let me know.
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This appeal is in relation to Penalty Fare Notice [REDACTED]. This is my second appeal, and is based on the following regulations:
- Regulation 16(3)(a): “the penalty fare was not charged in accordance with the requirements of these Regulations;” based on the failure of Greater Anglia to meet the notice requirements specified in Regulation 8.
- Regulation 16(3)(d): “there are compelling reasons why, in the particular circumstances of the case, the appellant should not be liable to pay the penalty fare.”.
Relevant sections of the Regulations
Regulation 6(2)(b) states that a passenger must not be charged a Penalty Fare if
“at the time when, and at the station where, the passenger boarded the train… the requirements for the display of notices specified in regulation 8 were not satisfied;”
The relevant sections of Regulation 8 are as follows:
"8.—(1) The requirements for the display of notices are as follows.
(4) 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"
The relevant sections of paragraph 1 of Schedule 1 are as follows:
“1.—(1) A standard notice must contain—
(c)the wording “Please buy your ticket before you travel otherwise you may be charged a Penalty Fare”,
Notices at Tottenham Hale Station
The notices at Tottenham Hale do not meet the requirements of the Penalty Fare Regulations. I have attached three photographs of the notices at Tottenham Hale taken when I attended the station at 09:54am on 22nd September. Assuming that the notices were in this form on 10th September (Regulation 16(4):
“it is for the operator on whose behalf the penalty fare was charged to provide evidence that reasonably demonstrates that any fact described by the appellant in relation to any of those matters is not true.”), these photographs demonstrate that the notices at Tottenham Hale do not meet the requirements of the Penalty Fare Regulations for the following reasons:
- The relevant notice (on the right of the first photograph) is obscured by another sign and therefore is not ‘readily visible’ to passengers transferring from the London Underground, as required by Regulation 8(4). The notice on the left is not facing passengers transferring from the London Underground, therefore is not relevant.
- The notice does not use the form of wording required by sub-paragraph 1(1)(c) of Schedule 1.
The required form of wording is
“Please buy your ticket before you travel otherwise you may be charged a Penalty Fare”. The notice states
“Oyster cards are not valid to Stansted Airport”.
This wording has been included in quotation marks in the Regulations and therefore it is clear that this precise wording is required for the notice to be legally compliant; no discretion is granted to the operators to amend or paraphrase this wording. In contrast, other sub-paragraphs of this provision do permit operators discretion over the wording of notices e.g. paragraph 1(1)(e) states
‘wording which indicates’. However, paragraph 1(1)(c) very clearly and intentionally does not permit operators any flexibility. Failure to use the prescribed wording therefore renders the notice non-compliant with the Regulations.
Furthermore, the notice at Tottenham Hale displays the phrase
“TAP, TAP & AWAY” in large bold red letters which could apply to both contactless and Oyster card users. This is misleading to Oyster card users given that Oyster card tapping is not valid on this route, however in the third photograph attached you can clearly see a notice for Oyster card payment on the barrier. In addition, the wording
“Oyster cards are not valid to Stansted Airport” on the notice is in extremely small print by comparison (possibly deliberately) and not accessible to people with sight problems, myself included.
Compelling reasons that remove liability to pay the penalty fare
Furthermore, there are compelling reasons that I should not be liable to pay the penalty fare. I accept that I made an honest error, however the confusing ticketing requirements on my route contributed to this mistake. In addition, it is clear that my experience is not isolated and is indicative of wider issues and practices by Greater Anglia on this route.
My failure to purchase a valid ticket was a genuine error; I did not intentionally avoid paying my fare. This is evidenced by the fact that I used my Oyster card to touch in at Tottenham Hale (demonstrating my intention to pay) and by being engaging and compliant with the ticket officer immediately upon becoming aware of the issue.
I believe that this route is a particularly confusing ticketing system and that Greater Anglia are profiting from a lack of understanding among rail users. There has been publicity regarding the number of penalty fares issued on this route before, and many posts available online from passengers who believe they have behaved honestly and diligently but have been succumbed to the same mistake. Many of these passengers are from overseas, where the language barrier as well as unfamiliarity with local geography and the railway ticketing system makes them particularly susceptible.
The following factors contributed to my own confusion: (i) I was able to use my Oyster card to travel to London Gatwick airport without issue on 28th August (and it is also valid for travel to London Heathrow and London City airports), (ii) I was able to ‘tap in’ with my Oyster card at Tottenham Hale without issue, and (iii) the airport is named London Stansted so I had believed it to be part of the London Oyster PAYG area.
Finally, I would like the Appeal Panel to consider the comments made by the Minister of State for Transport at the time the Regulations were enacted:
"Rail users should make every effort to get the right ticket for their journey, but if you make an honest mistake you should feel confident that the appeals system will recognise this and treat you fairly.”. I do not believe it would be fair for me to have to pay a penalty fare, given my honest behaviour, the circumstances of my mistake and the known issues on this route.
Conclusion
Regulation 17(4) provides that
“If the relevant Appeal Panel, after considering an appeal under this regulation, concludes that any ground specified in regulation 16(3) applies, it must, subject to paragraph (7), allow the appeal.”
The evidence I have submitted with this appeal demonstrates that the penalty fare I received on 10th September was not charged in accordance with the Regulations, due to Greater Anglia’s failure to comply with Regulation 8(4) and paragraph 1(1)(c) of Schedule 1.
The Regulations are extremely clear on this point. Notices must use the exact form of wording set out in the relevant provision of the Regulations. Failure to do so means that the notices do not comply with the Regulations. If the notices do not comply with the Regulations, a penalty fare must not be charged.
Therefore, the Appeals Body is required under Regulation 17(4) to allow my appeal and to disallow my appeal would be an error of law.
If the Appeals Body were minded to disallow my appeal (which I hope will not be the case), I would encourage it to take legal advice in relation to the interpretation of these provisions in order to inform its decision and would request that details of its legal analysis is included in the decision.