DLR 2nd stage appeal - do I need to pay

[hvisti]

Hi all,

For some reason I can't find an answer to this one anywhere by googling...

My other half got a DLR penalty fare for non-validated oyster card, which is an error on their part. We appealed first to IAS, where the case was outright rejected. However, when we appealed there, we got a letter immediately that the matter is under consideration and that you don't have to pay as long as the case is open. In the rejection letter the payment deadline was extended by 14 days and instructions of 2nd line of appeal provided.

We did that they day we got the rejection. The new 14 days deadline will pass on Sunday. We haven't heard anything from the 2nd line appeals board. Not even a recognition that they have received the complaint.

What do we do now? Should we pay and try to reclaim later if the appeal succeeds? Or does payment mean the case becomes void in the 2nd line of appeals?

Should they generally have recognised the appeal somehow and ignorance means they have lost it in processing?

Any help would be appreciated.

 

[ModernRailways]

I'm not sure with how the DLR operates their scheme but on National Rail it's always best to pay the Penalty Fare then dispute it afterwards. That way you won't pay more and if you win the appeal then you will be refunded the amount you paid.

Someone who knows more about the DLR will know doubt be along though to give you a bit more help.

 

[island]

There is the additional complexity of whether the amount due is £40 or £80.

 

[hvisti]

There is the additional complexity of whether the amount due is £40 or £80.

Hi,

Thanks for the info. In this case, the outstanding amount is still £40 and after double checking, it is so until Tuesday. Our course of action was to re-send the appeal (as special delivery so that we'll get a confirmation of them receiving it in time) and pay the £40.

My concern was, if payment of the penalty fare constituted as acceptance of it, in which case they would throw out the appeal as irrelevant. I have now received a reply here suggesting we pay it (and a private message, to which I am unable to answer), so this is what we'll do.

Thanks to all who helped in this.

H

 

[maniacmartin]

I don't see the point of a single appeal, let alone two, given that you appear to have no extenuating circumstance as to why you didn't touch in.

A Penalty Fare is designed to deal with a genuine mistake, unlike a prosecution which is more serious and designed for deliberate fare evasion, so forgetting to touch in is exactly what it's designed for. If they wanted to, they could prosecute you under the Railway Byelaws instead, and all that is required is that you did not have a valid ticket. Intent does not need to be proven as it is a strict liability offence.

Take the advice of whoever PM'd you and just pay up and let it go. You made a mistake, it cost you 40 quid. That's life. There is nothing to be gained in this case by continuing to appeal