Escalating clauses in "fines"

[Agent_c]

http://www.theguardian.com/money/20...ould-recoup-millions-on-illegal-parking-fines

I know that the article is about parking fines, but this paragraph jumped out at me:

He also argued that European consumer legislation which requires contracts to be fair means so-called “early payment discounts”, which are often used to put pressure on the public to pay up quickly, or face a higher charge, are in fact unlawful because they constitute a “price escalation clause”. And when signs are not clear or prominently displayed, the charge can also be challenged on the grounds of unfairness.

Presuming the court buys that reasoning, could that see the end of the early pay discount for TfL penalty fares?

 

[island]

No. TfL penalty fares are a function of the law, not an alleged contract like the parking charge notices.

 

[Tetchytyke]

Penalty Fares- both TfL and "National Rail"- are based in secondary legislation not contract law. Therefore this argument should have no effect on those.

It may, however, have an effect on IPFAS charging you an extra £20 if you don't pay your Penalty Fare fast enough.

 

[Shempz]

I foolishly paid a penalty fare on the spot once, biggest mistake I ever made, as I did not realise the chances of a successful appeal are slim if you've already paid!

 

[island]

I foolishly paid a penalty fare on the spot once, biggest mistake I ever made, as I did not realise the chances of a successful appeal are slim if you've already paid!

On the other hand the chances of getting prosecuted are very low if you've already paid.

 

[Shempz]

Except, I should not have been Penalty Fared, or should at least have been successful in my appeal (but that's just my opinion!)

In my case, it was when used to have a Zone 2-5 annual season ticket. My travel was from East Croydon to Shep Bush (via Clapham Junction). I was waiting for the train to leave for quite a while at Clapham, when it was announced there was a signal failure causing the delay and they had no idea when trains would be running again. Passengers were advised by the driver and platform staff that it was acceptable to use any reasonable route to get to our destinations. I got the next train up to Waterloo to use the underground to get to Shep Bush. Once there, I showed my season ticket and stated what had happened. The SWT gate staff said it was the first they'd heard of it, got a manager/supervisor over and he said he knew nothing about it and they decided to penalty fare me. What really annoyed me at the time was if I wanted to avoid a fare, I'd have simply have gone to Vauxhall on the boundary of Z1-2 and entered the barriers there (in hindsight, I wish I had now!). Obviously this fell on deaf ears.

So, I got all my backup in order to appeal. I spoke to LU, and they confirmed the signal failure. I took screenshots that morning from the Journey Check website of the train delays/cancellations caused by the signal failure on LU. Sent it all in, and my appeal was rejected.

 

[Mojo]

So, I got all my backup in order to appeal. I spoke to LU, and they confirmed the signal failure. I took screenshots that morning from the Journey Check website of the train delays/cancellations caused by the signal failure on LU. Sent it all in, and my appeal was rejected.

What would a signal failure on London Underground have to do with a journey from East Croydon to Shepherds Bush changing at Clapham Jcn? Did you mean London Overground? I'm also assuming this was with a paper Travelcard, or that you had not touched in at East Croydon?

 

[Shempz]

sorry.....meant LO London Overground! lol.

 

[Mojo]

sorry.....meant LO London Overground! lol.

Thought you might have done!

But, unlike with PCNs issued for parking, I don't necessarily think that paying a Penalty fare on the spot means that an appeal will not succeed. Certainly, it sounds like you were given permission by an authorised person to take the diversion. How long ago was this?

 

[Shempz]

I'm guessing it was about 4 or 5 years ago now....long before I knew about this website!