Hello everyone,
I was on the return leg of my journey, which was from Cambridge to Stevenage, when my phone died after I scanned in at Cambridge. A collector then walked past and when I couldn't show her the ticket (which was on my phone), I was issued a penalty fare. I have a 16-25 railcard, and I purchased my return ticket the night before my journey, from the trainline app. The staff asked me where I was headed and I told her I was headed back to Stevenage, and then she took my details and issued me with the fare but told me that I could appeal and it would probably be accepted. However, I have appealed twice now and both times have been rejected. Both rejection emails are below:
Rejection 1:
To ensure fairness and consistency in the decision-making process, appeals are considered in conjunction
with a code of practice. The statements submitted on behalf of the passenger and the train company will
both be taken into account by an experienced assessor to determine the appeal outcome. More information
about how appeals are decided is available on our homepage at www.penaltyservices.co.uk.
Many rail users consider penalty fares to be an accusation of fare avoidance but this is not the case at
all. A Penalty Fare is simply a higher fare which may be issued under The Penalty Fares Rules and
Regulations by a member of staff who is licensed to act on behalf of a train operating company which
issues penalty fares. Penalty fare warning posters are on display at every penalty fares station (as required
under Regulation 8) advising customers of the consequences for boarding a penalty fares train without a
valid ticket or other authority to travel in their possession.
The National Rail Conditions of Travel (NRCoT) advise that where the facility to buy a ticket exists prior to
boarding, passengers should pay the correct fare for their entire journey before they travel and produce for
inspection a valid ticket as evidence of their right to make a journey on the relevant train, otherwise they
may be liable to pay a Penalty Fare Notice.
I understand a valid ticket was unavailable for inspection on request because you have stated your
phone battery died.
In accordance with the terms and conditions of use, any pre-ordered ticket must be available for inspection
during travel as evidence of a passenger's right to make a rail journey.
Pre-booked products must be printed, or loaded to a smartcard or electronic device, before a journey starts
in readiness for ticket inspection to take place. Assuming enough battery is held on a device to display the
product, the journey being made is covered by its validity, and the train operator accepts this type of ticket
on its lines of route, an electronic ticket would pass inspection at the time of travel.
All tickets issued are subject to the National Rail Conditions of Travel, which stress that passengers must
show and where asked, hand over for inspection, a valid ticket and any relevant Railcard. If not, they will be
treated as having joined the train without a valid ticket and may be liable to a Penalty Fare Notice or
prosecution. Unfortunately, these conditions do not facilitate the production of a ticket at a different time
(with the exception of certain season tickets).
The safekeeping of a ticket is the passenger’s responsibility and unfortunately (with the exception of some
season tickets) lost, mislaid, discarded or stolen tickets tend not to be replaced. The NRCoT explains the
passenger's rights in relation to any refunds for unused tickets.
A receipt or proof of payment is not a ticket, is not valid for travel and will not be accepted in place of a
ticket at the time of travel. Similarly, a ticket that has been produced for inspection at a later date cannot be
used to cancel a Penalty Fare Notice (with the exception of certain season tickets).
Whether or not a ticket was bought is not being disputed by the train company.
As a valid ticket could not be produced for inspection on request at the time of travel, I'm afraid it has been
concluded by Penalty Services that the Penalty Fare Notice should stand.
Having taken into consideration all the points raised to date, we regret to advise that your appeal has been
unsuccessful. It is your right to re-appeal this decision. Any further appeal will be considered by a different
appeal assessor. If re-appealing, please give the reason(s) why you are appealing against this decision and
also mention any additional circumstances you would like taken into account. A further appeal should be
submitted by post to: Penalty Services, 12 Deben Mill Business Centre, Old Maltings Approach,
Woodbridge, IP12 1BL, or through our website at www.penaltyservices.co.uk/make-an-appeal/ within 14
days of the date this letter was received.
If you choose not to re-appeal and have not already paid your Penalty Fare Notice, you should pay any
outstanding debt. Failure to pay can mean that the time allowed to pay the reduced amount for the Penalty
Fare can run out making the amount of the Penalty Fare £100 plus the price of the full single fare
applicable and further delays in payment may result in administration fees being added by the train
company or its debt recovery agency.
Please also be aware that if you do not re-appeal this decision or pay the penalty fare within 14 days of the
date this letter was received, the train operating company will be entitled to commence court proceedings to
recover the penalty fare.
Where this reply came by post to your address, the date received is assumed to be the second working day
after the letter/post date as defined in paragraph 3 of schedule 2 of The Railways (Penalty Fares)
Regulations 2018 as amended from time to time. Where you have been informed by email reply, the date
received is the letter date.
Rejection 2:
I understand you are unhappy with the outcome of your appeal and would advise that where a case
review is requested, the paperwork is passed to a different assessor and the appeal is judged again from
the beginning.
In line with Regulations 5 of The Railways (Penalty Fares) Regulations 2018 as amended from time to time,
any person travelling by, present on or leaving a penalty fares train must, if required by an authorised
collector, produce a valid ticket or other authority for the journey they have made or are making. If a person
fails to produce a valid ticket or other authority in line with Regulation 5.1, the authorised collector may
charge that person a penalty fare, in line with the regulations.
Every passenger has equal rights and responsibilities when using the rail network. For example, everyone
has the right to make the rail journey covered by the validity of their ticket/pass/smartcard, and a
responsibility to adhere to the terms and conditions under which the product held was issued. The National
Rail Conditions of Travel set out those rights and responsibilities and advise that a valid ticket or other
authority to travel must be produced for inspection when required.
Although the mitigation mentioned on appeal has been taken into consideration, there is no evidence to
support the discretion guidelines having been breached by the authorised collector at the time of issue.
Having taken into consideration all the points raised to date, we regret to advise that your appeal has been
unsuccessful. It is your right to re-appeal this decision to the Final Appeal Panel. If doing so, please give
the reason(s) why you are appealing against this decision and also mention any additional circumstances
you would like taken into account. A further appeal should be submitted by post to: Penalty Services, 12
Deben Mill Business Centre, Old Maltings Approach, Woodbridge, IP12 1BL, or through our website at
www.penaltyservices.co.uk/make-an-appeal/ within 14 days of the date this letter was received.
If you choose not to re-appeal and have not already paid your Penalty Fare Notice, you should pay any
outstanding debt. Failure to pay can mean that the time allowed to pay the reduced amount for the Penalty
Fare can run out making the amount of the Penalty Fare £100 plus the price of the full single fare
applicable and further delays in payment may result in administration fees being added by the train
company or its debt recovery agency.
Please also be aware that if you do not re-appeal this decision or pay the penalty fare within 14 days of the
date this letter was received, the train operating company will be entitled to commence court proceedings to
recover the penalty fare.
Where this reply came by post to your address, the date received is assumed to be the second working day
after the letter/post date as defined in paragraph 3 of schedule 2 of The Railways (Penalty Fares)
Regulations 2018 as amended from time to time. Where you have been informed by email reply, the date
received is the letter date.
How can I avoid paying this fare, given that I literally bought the ticket beforehand and tapped in at the start of my journey?
I was on the return leg of my journey, which was from Cambridge to Stevenage, when my phone died after I scanned in at Cambridge. A collector then walked past and when I couldn't show her the ticket (which was on my phone), I was issued a penalty fare. I have a 16-25 railcard, and I purchased my return ticket the night before my journey, from the trainline app. The staff asked me where I was headed and I told her I was headed back to Stevenage, and then she took my details and issued me with the fare but told me that I could appeal and it would probably be accepted. However, I have appealed twice now and both times have been rejected. Both rejection emails are below:
Rejection 1:
To ensure fairness and consistency in the decision-making process, appeals are considered in conjunction
with a code of practice. The statements submitted on behalf of the passenger and the train company will
both be taken into account by an experienced assessor to determine the appeal outcome. More information
about how appeals are decided is available on our homepage at www.penaltyservices.co.uk.
Many rail users consider penalty fares to be an accusation of fare avoidance but this is not the case at
all. A Penalty Fare is simply a higher fare which may be issued under The Penalty Fares Rules and
Regulations by a member of staff who is licensed to act on behalf of a train operating company which
issues penalty fares. Penalty fare warning posters are on display at every penalty fares station (as required
under Regulation 8) advising customers of the consequences for boarding a penalty fares train without a
valid ticket or other authority to travel in their possession.
The National Rail Conditions of Travel (NRCoT) advise that where the facility to buy a ticket exists prior to
boarding, passengers should pay the correct fare for their entire journey before they travel and produce for
inspection a valid ticket as evidence of their right to make a journey on the relevant train, otherwise they
may be liable to pay a Penalty Fare Notice.
I understand a valid ticket was unavailable for inspection on request because you have stated your
phone battery died.
In accordance with the terms and conditions of use, any pre-ordered ticket must be available for inspection
during travel as evidence of a passenger's right to make a rail journey.
Pre-booked products must be printed, or loaded to a smartcard or electronic device, before a journey starts
in readiness for ticket inspection to take place. Assuming enough battery is held on a device to display the
product, the journey being made is covered by its validity, and the train operator accepts this type of ticket
on its lines of route, an electronic ticket would pass inspection at the time of travel.
All tickets issued are subject to the National Rail Conditions of Travel, which stress that passengers must
show and where asked, hand over for inspection, a valid ticket and any relevant Railcard. If not, they will be
treated as having joined the train without a valid ticket and may be liable to a Penalty Fare Notice or
prosecution. Unfortunately, these conditions do not facilitate the production of a ticket at a different time
(with the exception of certain season tickets).
The safekeeping of a ticket is the passenger’s responsibility and unfortunately (with the exception of some
season tickets) lost, mislaid, discarded or stolen tickets tend not to be replaced. The NRCoT explains the
passenger's rights in relation to any refunds for unused tickets.
A receipt or proof of payment is not a ticket, is not valid for travel and will not be accepted in place of a
ticket at the time of travel. Similarly, a ticket that has been produced for inspection at a later date cannot be
used to cancel a Penalty Fare Notice (with the exception of certain season tickets).
Whether or not a ticket was bought is not being disputed by the train company.
As a valid ticket could not be produced for inspection on request at the time of travel, I'm afraid it has been
concluded by Penalty Services that the Penalty Fare Notice should stand.
Having taken into consideration all the points raised to date, we regret to advise that your appeal has been
unsuccessful. It is your right to re-appeal this decision. Any further appeal will be considered by a different
appeal assessor. If re-appealing, please give the reason(s) why you are appealing against this decision and
also mention any additional circumstances you would like taken into account. A further appeal should be
submitted by post to: Penalty Services, 12 Deben Mill Business Centre, Old Maltings Approach,
Woodbridge, IP12 1BL, or through our website at www.penaltyservices.co.uk/make-an-appeal/ within 14
days of the date this letter was received.
If you choose not to re-appeal and have not already paid your Penalty Fare Notice, you should pay any
outstanding debt. Failure to pay can mean that the time allowed to pay the reduced amount for the Penalty
Fare can run out making the amount of the Penalty Fare £100 plus the price of the full single fare
applicable and further delays in payment may result in administration fees being added by the train
company or its debt recovery agency.
Please also be aware that if you do not re-appeal this decision or pay the penalty fare within 14 days of the
date this letter was received, the train operating company will be entitled to commence court proceedings to
recover the penalty fare.
Where this reply came by post to your address, the date received is assumed to be the second working day
after the letter/post date as defined in paragraph 3 of schedule 2 of The Railways (Penalty Fares)
Regulations 2018 as amended from time to time. Where you have been informed by email reply, the date
received is the letter date.
Rejection 2:
I understand you are unhappy with the outcome of your appeal and would advise that where a case
review is requested, the paperwork is passed to a different assessor and the appeal is judged again from
the beginning.
In line with Regulations 5 of The Railways (Penalty Fares) Regulations 2018 as amended from time to time,
any person travelling by, present on or leaving a penalty fares train must, if required by an authorised
collector, produce a valid ticket or other authority for the journey they have made or are making. If a person
fails to produce a valid ticket or other authority in line with Regulation 5.1, the authorised collector may
charge that person a penalty fare, in line with the regulations.
Every passenger has equal rights and responsibilities when using the rail network. For example, everyone
has the right to make the rail journey covered by the validity of their ticket/pass/smartcard, and a
responsibility to adhere to the terms and conditions under which the product held was issued. The National
Rail Conditions of Travel set out those rights and responsibilities and advise that a valid ticket or other
authority to travel must be produced for inspection when required.
Although the mitigation mentioned on appeal has been taken into consideration, there is no evidence to
support the discretion guidelines having been breached by the authorised collector at the time of issue.
Having taken into consideration all the points raised to date, we regret to advise that your appeal has been
unsuccessful. It is your right to re-appeal this decision to the Final Appeal Panel. If doing so, please give
the reason(s) why you are appealing against this decision and also mention any additional circumstances
you would like taken into account. A further appeal should be submitted by post to: Penalty Services, 12
Deben Mill Business Centre, Old Maltings Approach, Woodbridge, IP12 1BL, or through our website at
www.penaltyservices.co.uk/make-an-appeal/ within 14 days of the date this letter was received.
If you choose not to re-appeal and have not already paid your Penalty Fare Notice, you should pay any
outstanding debt. Failure to pay can mean that the time allowed to pay the reduced amount for the Penalty
Fare can run out making the amount of the Penalty Fare £100 plus the price of the full single fare
applicable and further delays in payment may result in administration fees being added by the train
company or its debt recovery agency.
Please also be aware that if you do not re-appeal this decision or pay the penalty fare within 14 days of the
date this letter was received, the train operating company will be entitled to commence court proceedings to
recover the penalty fare.
Where this reply came by post to your address, the date received is assumed to be the second working day
after the letter/post date as defined in paragraph 3 of schedule 2 of The Railways (Penalty Fares)
Regulations 2018 as amended from time to time. Where you have been informed by email reply, the date
received is the letter date.
How can I avoid paying this fare, given that I literally bought the ticket beforehand and tapped in at the start of my journey?
