Hi, I am planning to submit my third appeal on this case this evening. I have copied below what I intend to send; it is heavily based on this
https://www.railforums.co.uk/threads/stansted-airport-fines.253779/page-3#post-6451904 as people have suggested I follow. I have ammended it for Oyster Card rather than contactless.
A few points I would like advice on:
- The third photo attached (red "oyster card is not valid" sign) - as this is not technically a penalty fare notice, I can't find anything about it in the regulations
- Is there an argument to be made than no notice is displayed before entering the compulsory ticket area?
Thanks!
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Background
This is my third appeal in relation to Penalty Fare Notice [redacted]. Further background information can be found in my original appeal submissions.
My appeal is based on Regulation 16(3)(a) - that
“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.
My appeal is also based on Regulation 16(3)(d) that
“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”,
Regulation 16(3)(a) grounds for appeal – Tottenham Hale Station notices
I submit the notice at Tottenham Hale Station does not meet the requirements of the Penalty Fare Regulations. I attach photographs that I took of the warning notices at Tottenham Hale Station on 09:54am on 22/09/2026.
Assuming that the notices were in this form when I travelled on 10/09/2026 (Regulation 16(4) provides that the burden of proof falls on the operator to disprove this assumption), these photographs demonstrate that the notice at Tottenham Hale Station is deficient for the following reason:
- The notice is only located on the left-hand side of the wide gate and is not in the field-of-view for passengers entering from the middle of the gate, therefore is not ‘readily visible’ to passengers transferring from the London Underground, as required by Regulation 8(4).
- The notice is easily obscured by a member of gateline staff standing in front of it or opening the black box that can be seen in photograph 1, therefore is not ‘readily visible’ or compliant with Regulation 8(4).
- 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:
- “Please buy your ticket before you travel, otherwise you may have to pay a Penalty Fare of at least £100”.
This wording has been included in quotation marks in the Regulations and therefore it is clear that the precise form of wording is required in order for the notice to be legally compliant.
No discretion is granted to the operators to amend or paraphrase this form of wording. I note that, in contrast, other sub-paragraphs of this provision do permit operators discretion over the form of wording to use on notices - for example, paragraph 1(1)(e) which uses the formulation
‘wording which indicates’. However, paragraph 1(1)(c) very clearly and intentionally does not permit operators any flexibility on this point. Failure to use the prescribed wording therefore renders the notice non-compliant with the Regulations.
The wording required by sub-paragraph 1(1)(da) of Schedule 1,
“A Penalty Fare is £100 plus the price of the full single fare applicable for your intended journey. However, if it is paid within 21 days, the Penalty Fare is reduced to £50 plus the price of the single fare applicable”, is required in addition to the wording required by sub-paragraph 1(1)(c) of Schedule 1, not instead of, and therefore the failure of the notice to use the prescribed wording in sub-paragraph 1(1)(c) of Schedule 1 renders this notice non-compliant.
Regulation 16(3)(d) appeal - compelling reasons not liable to pay the penalty fare
Furthermore, I submit that there are compelling reasons that I should not be liable to pay the penalty fare. I submit that I made an honest error, and that the confusing ticketing requirements on my route contributed to my mistake. In addition, I have reason to believe my experience is indicative of wider issues on this route and sharp practice by Greater Anglia.
My failure to purchase a 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 Station (demonstrating an intention to pay) and by my proactive engagement with a 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 passengers’ lack of understanding. There has been publicity regarding the number of penalty fares issued on this route before. I have corresponded with London Travel Watch, who inform me that they are aware of penalty fare issues on this route.
There are also many stories and reviews available online of passengers who believe they have behaved honestly and diligently but have been ‘caught out’ by this route. Many of these individuals will be visitors to this country and therefore particularly susceptible to making this mistake due to lack of familiarity with England’s geography, railway ticketing system, and/or language.
The following factors contributed to my own confusion: (i) the
“TAP, TAP & AWAY” notices displayed prominently around the entrance to the Stansted Express are misleading regarding the use of Oyster card as a valid form of payment, (ii) Oyster card payment is accepted at the train station for travel to other major London airports (and I used my Oyster card to travel to London Gatwick on 28/08/2026), (iii) I was able to ‘touch in’ at Tottenham Hale Station without issue, and (iv) the airport is named London Stansted so I believed it to be part of the London Oyster PAYG area.
In this context, I note 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 provided demonstrates that the penalty fare I received 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 I submit that 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.
Further or in the alternative, I submit that Regulation 16(3)(d) applies for the reasons set out above and ask the Appeals Body to find that there are compelling reasons I should not be liable to pay the penalty fare.