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Euston to liv lime street fine

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30907

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With respect, you will do better to focus on the legitimate ground for appeal.
#1 "Genuine mistake" is not one, true though it may be.

I have edited the Background to focus on the relevant facts.
Apologies for the formatting.
Background
  • I was travelling on the 13.46 West Midlands Railway service from London Euston to Crewe.
  • I planned to change at Stafford and travel on to Liverpool Lime Street on another train, for which I had a valid ticket..
  • The PFN was issued at approximately 14:20, when the train (which was running slightly late) was approaching Milton Keynes Central, the next scheduled stop.

Grounds of Appeal​

1. PFN issued to an incorrect destination
  • The PFN was issued to Liverpool Lime Street.
  • However, the train on which the PFN was issued was a service from London Euston to Crewe, not Liverpool Lime Street.
  • Regulation 5(5A) of the Railways (Penalty Fares) Regulations 2018 states that a penalty fare may only be issued:
    • To a station at which the train is scheduled to stop, or
    • To the next scheduled stopping station at the time the PFN is issued
  • At the time the PFN was issued (14:20), the next scheduled stop was Milton Keynes Central.
  • Under the regulations, the PFN should therefore have been issued only to Crewe, Milton Keynes Central, or an intermediate station, not Liverpool Lime Street.
  • Therefore the PFN is not compliant with the regulations, and cannot be enforced.

    In the light of the above, I respectfully request that my appeal against the penalty fare be upheld, as the PFN was issued incorrectly and in breach of the Railways (Penalty Fares) Regulations 2018.
 
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Haywain

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Thats fine, thanks. Does this explicitly spell out why my previous appeal(s) were incorrectly rejected though?
That isn't important, what's important is to make it clear why your third appeal should be accepted.
 

furlong

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28 Mar 2013
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Fill in the remaining gap - state explicitly that you are appealing under 18(2)(b) on the ground 16(3)(a), namely that the penalty fare was not issued in accordance with the requirements of the regulations.
 
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