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Appealing penalty notice - did have ticket

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usernamelonger

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13 Dec 2024
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Gravelly Hill
. I'd like some advice on whether or not my appeal will be successful?.

Travel has obviously been awful since Saturday, today I first saw that the train i was going to get was cancelled so decided to get a bus instead. That ended up being delayed as well, so I went to the station. The train pulled up as soon as I got in so I hurried on - couldn't connect to the payment part of buying a ticket because of the dodgy WiFi signal and didn't see any staff members.

Finally I was able to get a signal and purchased my ticket just as it came into my stop. Before I could scan it at the barrier though I was stopped and issued a penalty notice. I did show them my ticket, but the guy said because I'd only bought it a few minutes ago it wasn't valid and said I didn't have a ticket - even though I'd bought an anytime return.

What is my likelihood of a successful appeal?
 
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AlterEgo

Verified Rep - Wingin' It! Paul Lucas
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I asked this on reddit, but apparently no-one on the there is capable of actually reading a post. I'd like some advice on whether or not my appeal will be successful?.

Travel has obviously been awful since Saturday, today I first saw that the train i was going to get was cancelled so decided to get a bus instead. That ended up being delayed as well, so I went to the station. The train pulled up as soon as I got in so I hurried on - couldn't connect to the payment part of buying a ticket because of the dodgy WiFi signal and didn't see any staff members.

Finally I was able to get a signal and purchased my ticket just as it came into new street. Before I could scan it at the barrier though I was stopped and issued a penalty notice. I did show them my ticket, but the guy said because I'd only bought it a few minutes ago it wasn't valid and said I didn't have a ticket - even though I'd bought an anytime return.

What is my likelihood of a successful appeal?
Please post the notice with your details obscured.

Penalty Fares cannot be issued for presenting a valid ticket; the correct disposal is a report for prosecution for a Bylaw 18 offence. By appealling this penalty fare you will legally close off the option for prosecution and you should also succeed in the appeal.

A ticket is no less valid if it is bought after departure; all that matters is whether you presented the Authorised Collector with it on demand.
 

usernamelonger

New Member
Joined
13 Dec 2024
Messages
2
Location
Gravelly Hill
Please post the notice with your details obscured.

Penalty Fares cannot be issued for presenting a valid ticket; the correct disposal is a report for prosecution for a Bylaw 18 offence. By appealling this penalty fare you will legally close off the option for prosecution and you should also succeed in the appeal.

A ticket is no less valid if it is bought after departure; all that matters is whether you presented the Authorised Collector with it on demand.
Thank you!
 

WesternLancer

Veteran Member
Joined
12 Apr 2019
Messages
15,359
Please post the notice with your details obscured.

Penalty Fares cannot be issued for presenting a valid ticket; the correct disposal is a report for prosecution for a Bylaw 18 offence. By appealling this penalty fare you will legally close off the option for prosecution and you should also succeed in the appeal.

A ticket is no less valid if it is bought after departure; all that matters is whether you presented the Authorised Collector with it on demand.
Not to dispute this advice but have we seen cases where appeals based on this have succeeded?
(obviously relying on the person updating us)

And if so at which stage of the three appeal stages does this typically get accepted?

I still think the appeal should be submitted.

OP should get their appeal wording checked here before submitting it and should not miss appeal deadline.
 
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